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A

SYSTEM

OF

HERALDRY,

SPECULATIVE AND PRACTICAL-.

WITH Till

TRUE ART OF BLAZON,

ACCORDING TO THE

MOST APPROVED HERALDS IN EUROPE:

MARKS OF CADENCY, MARSHALLING OF DIVERS COATS IN ONE SHIELD,
EXTERIOR ORNAMENTS, bfc. ARE FULLY TREATED OF :

TO WHICH ARE SUBJOINED SEFERAL CVRIOVS FAHtlCUZjIXS RELATIfE TO

FUNERAL ESCUTCHEONS, PUBLIC PROCESSIONS AND CAVALCADES, CORONATIONS OF OUR

KINGS, PRECEDENCY OF OUR NOBILITY AND GENTRY ; RETURN OF THE LORDS

OF SESSION TO AN ORDER OF THE LORDS SPIRITUAL AND TEMPORAL IN

PARLIAMENT ASSEMBLED, REQIIIRING THEM TO MAKE UP A ROLL

OR LIST OF THE PEERS OF SCOTLAND; AND MEMORIALS OF

MANY ANCIENT AND HONOURABLE FAM1L1£S

OF THE SCOTS NATION.

CRITICAL AND HISTORICAL REMARKS ON THAT PART OF PRTNNE S BISTORT,
KNOWN BY THE NAME OF

THE llAGMAN-ROLL.

By ALEXANDER NISBE T, Gent.

THE SECOND EDITION.

VOL. IL

EDINBURGH:

PRINTED BY AND FOR ALEX. LAWRIE AND COMPANY:

■^OLD BY ALEX. LAWRIE, W. LAING, MANNERS AND MILLER, ARCH. CONSTABLE (S* C0»

AND

LONGMAN} HURST, REES, AND ORME, LONDOIT.

1804.

1304323

Uk'/^^'''

TO THE RIGHT HONOURABLE

JAMES Earl of MORTON,

J^ (iovn\/cu/u.

LORD DALKEITH AND ABERDOUR,

Heritable Sheriff, Steward mid Justiciary of the Isles of Orkney and Zetland^
Vice-Admiral of the same, and Knight of the Most Ancient and Most Noble
Order of the thistle and St Andrew, Is'c.

My Lord,

THE First Volume of this work was dedicated to the illustrious
House of Hamilton : The second claims the patronage of your
Lordship, a branch of the no less illustrious House of Douglas.

Had its valuable author been alive, he muft have approved the
choire.

Vol. IL b

. DEDICATION.

Were I permitted, it were easy to enlarge on the antiquity and glori-
ous actions of your illustrious ancestors, some of whom were matched
with the blood royal.

But neither these, nor your Lordship's personal qualifications dai'e I
adventure on : The world knows them ; and your Lordship's modesty,
great as it is, cannot conceal them.

I must, however, be allowed to say, that your Lordship's knowledge
in antiquities and polite learning, renders you a fit patron for a work of
this kind : And if it shall be so lucky as to meet with your Lordship's
approbation, the editor need not fear the ill-nature of the most severe
critic.

That your Lordship may long remain an ornament to your noble
House, for your true attachment to justice, learning, and every viraie,
is the sincere desire of,

My Lord,

Your Lordship's most obedient,

And most devoted humble servant,

Robert Fleming.

PREFACE,

THE learned and ingenious Mr Alexander Nisbet, author of this Sys-
tem of Heraldry, has, in his Preface to the First Volume, so fully ac-
counted for the original and progress of Armorial Bearings with us, and
other nations, and, in the Treatise itself, so elaborately and accurately
described and exemplified the several branches of the Science of Heraldry,
that it will be equally superfluous to add any thing to wljat he has said
in the former, or bestow any encomiums on his performance in the latter,
which has suiSciently recommended Itself to all who rightly understand
the noble science there treated of.

But Mr Nisbet not being able to overtake his whole design in one
volume, as at first he intended, for the several reasons set forth in the
said Preface, he therefore promises an Appendix, or Second Volume,
wherein the several branches of heraldry, not there treated of, were to be
illustrated ; and, as this viadertaking is now finished, and presents itself
to the public, it will be necessary that the editor should say something
in behalf of the performance.

In the First Part of this Volume, the following branches of Heraldry,
viz. Marks of Cadency, Marshalling of Divers Coats in one Shield, Ex-
terior Ornaments, &c. are fully treated of, and illustrated by proper ex-
amples, all which were executed by the author himself in his own life-
time ; the manuscript copy of which, in his own hand-writing, the edi-
tor has preserved for the satisfaction of the curious.

The other parts handled in this undertaking, are inserted because of
their coincidency with the principal subject treated of in this Volume.
Of this kind is the chapter of Funeral Escutcheons, which was composed
by Roderick Chalmers, herald, and herald-painter in Edinburgh, whose un-
derstanding and practice in these matters is well known ; and the other
chapters, such as that of Precedency, the Office and Dignity of Heralds,
&c. and that concerning Public Processions and Cavalcades, which gives
an idea of the grandeur of this ancient and once flourishing kingdom,
were all carefully collected from MSS. in the Lawyers' Library, and the
writings of the learned Sir George Mackenzie, &c.

To render this work the more useful and complete, the editor has given
the Return of the Lords of Session, to an order of the House of Peers,
concerning the Scots peerage ; which cannot fail to give satisfaction, as it
was the I'esult of the inquiries of that august Court into the records of the
nation, and is a most exact and authentic state of our peerage at this day.

The editor observing that no body had ever yet published an exact
draught of these monuments of the antiquity and Independency of this
kingdom, the Regalia, viz. Crown, Sceptre and Sword ; and, as the ori-
ginals are not now to be seen, he has embellished the work with a plate

ii , PREFACE.

of them, which the ingenious Mr Richard Cooper has engraven, with
preat pains and exactness, from the description given of them in the in-
strument taken by that true lover of his country, Mr WiUiam Wilson,
at depositing them in the castle of Edinburgh.

But what takes up a great part of this Volume, is the memorials of
private f;imilies, which neither Mr Nisbet nor the publisher are any ways
answerable for ; they must stand upon the faith of those who gave them
in, and the vouchers they adduce for their support. Many of those
printed in Mr Nisbet's lifetime were signed by the parties concerned ;
but that practice was afterwards neglected, since every one, no doubt,
will be ready to support what he has advanced for the honour and an-
tiquity of his family.

From what is above set forth, it will be evident that the editor has nei-
ther spared pains nor expences to render this book useful and valuable.

It may now be expected that he should give some account to the sub-
scribers for the delay in the publication ; and indeed this, in part, may
be ascribed to Mr Nisbet's death, and the property of it going through
many different hands, and likewise to the dilatoriness of the subscribers
in giving in memorials of their families : However, as it now comes
abroad into the world, it is hoped it will give general satisfaction, and
meet with a favourable reception, both as it completes the design of its
worthy author, who was the most learned in the noble Science of He-
raldry of any that ever appeared in this country, yea, perhaps, not in-
ferior to any ; and, as it contains many curious things, which tend to
illustrate the honour and dignity of the nation, either never before print-
ed, or only to be found in loose papers in the hands of the curious, not
to mention the memorials of many ancient and noble families who have
deserved well of their country, the executing of which has far exceeded
the number of sheets at first proposed.

Since finishing the impression of this work, the editor coming to the
knowledge, that a learned antiquarian had written Historical and Critical
Remarks on the surna:mes and families of those whose predecessors sware
fealty to Edward I. of England, in 1292, &c. inserted in a writing com-
monly known by the name of Ragman Roll, he purchased the same at
a considerable expence, and has printed it in a size fit to be bound up
with this volume : And, as it proves the antiquity of many of the sur-
names, and most of the great families of this kingdom, and in a great
measure supphes the want of particular memorials of many of these fa-
milies, it is hoped, such as would have it bound up with their copy, will
not grudge a particular allowance for it, as well as for the supernitmerary
sheets above the number mentioned in the proposals.

Robert Fleming.

SYSTEM

OF

HERALDRY,

SPECULATIVE AND PRACTICAL:
WITH THE TRUE ART OF BLAZON.

PAR T THIRD.

CHAP. I.

OF ADDITIONAL FIGURES, OR MARKS OF CADENCY.

}N the First Part of this System I have given an account of the Rise and Art of
Biaiun of Arms, of their Tinctures, Figures, Proper, Natural, and Artificial;
in their Terms, Regular Positions, Dispositions, and Situations, illustrated by a nu-
merous train of examples.

And now, for the further prosecution of my System, it will not be unusetul to
repeat my definition of arms, given in the former part, Chap. 2.

^rmj- are hereditary marks of honour, regularly composed of certain tinctures
and figures, granted or authorised by sovereigns, for distinguishing, diftereiicing,
and illustrating persons, famihes, and communities. To which I shall add a defini-
tion given bv a very eminent author, John Baptista Christyn, Chancellor of Bra-
bant, in his famous treatise, titled. Jiinspn/dentiu Heroica, de Jure Belgitrum circa
NobiUtatem. page 78. " Signa. summi principis autoritate, alicui concessa, aut pro-
" pria voluntatp assumpta, personam a persona, familias a familiis, civitates a
" civitatibus, coll-gia a col'egiis, varie distinguentia."

From these definitions the use of arms is obvious, viz. Cbesides their being. hb-
nouiable rewards of virtue) to distinguish and difference persons, fam'li' s and
ccn nnmities : So as, first, to distinguish the nobihty an'l gentry from the vul-
gar. S,-condly, to distinguish principal families of nobihty and gentry amongst

Vol. II. A

i OF ADDITIONAL FIGURES, i^c.

themselves. And, thirdly, to difference descendants of each particular family
amongst themselves, conform to then- seniority.

As to the first of these uses, viz. the distmction of the nobility from the vulgar;
it is plain from the foresaid definition, that no person or family are entitled to
carry arms, but such as have received, or assumed the same by approbation ot so-
vereign authority, which is sufficient to distinguish the vulgar from the nobility
and gentry, so that I need not further to insist on that use of arms.

As to the second, I hope I have sufficiently accounted for the same in the First
Part of this System.

The third shall be the subject of this chapter, in which 1 shall give the several
differences that have been used by the descendants of nobility and gentry, to dif-
ference themselves from their original and principal families, that their degrees of
descent may be known, which are as necessary as the former, for diflerencing
younger brothers and their issue from the eldest, that the order and degrees of
both, in the lines of the descendants from one stem, may be known, to prevent
confusion and contention amongst them ; all which hath been carefully looked to
by sovereign princes their laws and edicts.

With us, our king and parliament, in the year 1590, for regulating the dif-
ferences of descendants, made an act, impowering the Lyon King at Arms, and his
brethren heralds, to visit the whole arms of noblemen, barons, and gentlemen,
within Scotland, and to distinguish them with congruent differences, and to
matriculate them in their books. As also to inhibit all such as bear arms, as by
the law of arms ought not to bear them, under high penalties; as the act more
particularly bears. And, in the year 1672, chap. 21. the foresaid act of Parlia-
ment is renewed and ratified, and the Lyon King at Arms is impowered to dis-
tinguish arms, and to matriculate them in his books or registers, from whence I
have taken, and do take most of my examples in this System, which are marked
L. R.

Our above-mentioned author gives us the edict of Albert and Isabel, Sovereign
Princes of the Netherlands, published in the year i6r6, with his Commentary
thereon, in his above-named book, Juiisprud. Her. or Be Jure Belgarum circa
Nobilitatem y Injignia, in the 5th article concerning Brisures, or Marks of Cadency,
has these words, " Ut altercationibus jurgiisque, quae ex planorum insignium de-
" latione oriri solent, obviam eatur, jubemus, familiarum omnium natu minimos,
" imo vel maximos spirante patre, gentilitiis insignibus quoddam addere discerni-
" culum, moribus usitatum, ut inde geniturae ordo pateat, &- perpetuo lineae dig-
" nosci possint, idque donee anteriores defecerint, aliter facientibus, indicta est
" poena 50 Florenorum." Which is to this purpose by the foresaid article, " To
" remedy the debates (which may as they have been seen to fall out in time by-
" gone) touching the seniority, and carrying che plain arms, we will and ordain,
" that the youngest sons (and even the eldest sons in their fathers' lifetimej shall
" be hoiden to place in their arms some brisure, in the accustoriied form, for a
•' distinction from the eldest, and to continue such brisure as long time as the
" branches of the eldest remain ; to the end, that the descendants of the one or
" other branch may be known and discerned, under the pain of 50 Florinses.

On the laws and edicts of France, Spain, and other nations, I forbear to insist ;
but show some of their practices in this matter, which are various.

The differences, or additional figures, used by cadets, to difference themselves
from their original families, are termed by us in Britain, differences, or marks of
cadency; by the French, brisures, upon the account they break the principal
bearing of the family : And those who write in Latin, call them armorum discerni-
cula, and ordinarily say, priinogenitus arma hcibet Integra, cceteri nota quadam dis-
creta.

It is many years since I published an Essay of Marks of Cadency, in which I
was as full as the practice of our nation allowed me, and took in such foreign
examples as were suitable to illustrate that work; some part of which I am obliged
to repeat in this chapter as curtly as possible, the rules thereof being sufficiently
exemphfied in that Essay, and many of them in the former part of this System.

But now 1 shall proceed to the universal practice of differencing the arms of de-
scendants, which are, and have been very various through all Europe : And I

OF ADDITIONAL FIGURES, i^c. 3

think the same may be reduced to these nine ways : First, the change of tlie tinc-
tures of the field : Secondly, the change of the tinctures of the principal or es-
seinial figures : Thirdly, by dividing the field, by the partition lines, under acci-
dental forms: Fourtlily, the displacaig the figures, or altering their positions or
situations in the shield : Fifthly, the diminishing the number of them: Sixthly^
by increasing the number of the principal or original figuies: Seventhly, by adding
duierent figures to the principal ones: Eighthly, by quartering the paternal arms
with other ones: And, Ninthly, by transposing the quarters, or changing the crest;
to each of which I shall speak.

First then, as for altering the tinctures of the field, it was anciently used :
John Baptista. in his forecited Treatise, Art. 5th, says, " Olim Belgi & Galli sola
" c^'lorum variatione arma discernebant ;" and adds, •' Imo £t apud Britannos mos
" hie cognitus." Of old the Belgians and French differenced arms by changing
only the tinctures of the field ; and this practice was with the Britons. He gives
us instances of this practice in Flanders, in the 1120, that oi Anwldus Arescoti
Comes, who had five sons; the eldest carried the plain arms of his father, being
or, three flower-de-luces sable; the second son, Baron of WosemaJe, altered the
tinctures, and carried, gules, three flower-de-luces argent; the third son, Baron of
Roteslakie, counter-changed his immediate brother's bearing, by making them,
argent, three flower-de-luces gules; the fourth son took argent, three flower-de-
luces sable; and the fifth, gules, three flower-de-luces or. Our author proceeds to
give many instances of this kind, not only in Flanders, but in France, and disap-
proves of this way of difterencing, that it altogether changes and confuses arms ;
his words are, " Puto quippe mos ille non adeo insignia distinguendo, quam in
" totum immutando subserviit, ex quo plurimum gentilium cunfusio &- perturba-
" tio demanavit." And in that paragraph he tells us, that the lamble, orle, and
bordure, were not then known to the Belgians for differences, till they got them
from the French.

Sir WiUiam Dugdale, Garter King at Arms in England, in his book, titled, The
Ancient Usage in Bearing Arms, says. The differences that antiquity used for
distinguishing descendants were by changing the colour of the field, figures, or
charges; and, for instances, he gives us the practice of the family of Basset in
England, in the reigns of Edwards I. II. and 111. and in the families of the name
of L'Estrange there. I have given several instances of the same practice of old,
by the Royal issue of the kings of France, England, and Scotland, in my former
Essay on this subject, and shall only mention again a few witli us.

The Homes, as descended of the old Earls of March, who carried gules, a lion
rampant argen' , their paternal ensign, (the bordure which surromided, and charged
with roses, being the badge of their comital office) carried the same white lion,
but placed it in a green field, for diffirence, as .relative to their first designation,
from their lands of Greenlaw, which they first possessed, as in the old charter of
IViriielmuf Jilius Cospatricii Comitis Djminis de Greenlaw. His posterity having
purchased the lands of Home, were after. v aids designed Domini de Home; from
whence came the surname. Of whicn, more fully, in an essay of mine on thib
suDJect, page 20, and in the first part of this System, fmge 270. The same way,
of oil, the progenitors of the family of Dundas of that Ilk, as descended of a
younger son of CospMricius Comes, the fi st Earl of March, (of wliich mui'e fully
in the Append. x) dilTerenced themselves by a transmutation of the tinctures of
the old Earls of March, gules, a lion argent, into argent, a lion gules; whicli the
principal family still continues, and a'l the branches of the faaiily, with suitable
marks of cadency. The principal family of the name of Douglas carried argent,
a chief azure, charged, with three stars of the field.

Hugh Douglas Earl of Ormonq, in the reign of Kiny James II. fourth son of
James Earl of Douglas, to diflference himself, changed the tincture of the field of
Douglas to ermine. Campbell of Loudon differenced himself from his chief, the
family of Argyle, which carried, gironne of eight, jr and sable, by changing the
tinctures of the girons into ermine and gules; which two tinctures also th^y took
to show their relation to the Cravvfurds of Loudon, with whom they married, bear-
ing gules, a fesse ermine.

^ OF ADDITIONAL FIGURES, i^c.

The second way proposed in differencing, by changing the tinctures of the prin-
cipal or essential figures of arms, falls frequently out by changing the tinctures
of the field ; especially when cadets divide the field of their arms, for a difference,
into two distinct tinctures of metal colours. And when there is but one tincture
in the principal bearing, then the cadets are necessitated to alter the tinctuie of
some of their figures, by counter^changing them with the field, that metal lie not
upon metal, nor colour upon colour. The field, when it is divided into two halves
by any of the four principal partition lines, which are called by the English, part-
ed per pale, per /esse, per bend, dexter and sinister; by the French, parti, coupe,
tranche, taille, which I have explained and demonstrated in the 7th chapter of the
First Part of this System. Of this practice with us, amongst many examples, I
shall add one from the Lyon Register. Laurence Oliphant, Writer to the Signet,
descended of a second son of Oliphant of Gask, a second son of the Lord Oliphant,
carries, parted per fesse, ^;^/fj- and argent, three crescents, 2 and i, counter-changed
of the same tinctures, to difference him from Gask, who had his field but 01 one
tincture, viz. gules, three crescents argent, 2 and i. This way of dividing the field
into two difterent tinctures, and counter-changing the charge, (the principal fa-
mily having his figures in a field of one tincture) is a remote brisure suitable for
cadets of cadets.

The third way of differencing by the partition lines, under accidental forms,
is done, when the chief of the name and family has the field of his arms divided
into two tinctures, by any of the partition lines, plain and straight, then their
descendants ordinarily have the same, but makes the partition line crooked, that
is, by patting the same under some accidental form ; such as, iiigrailed, ivaved,
nebule, embattled, &c. The Right Honourable the Earl of Panmure, chief of the
name of Maule, carries, parted per pale, argent and gules, a bordure charged with
eight escalops, all counter-changed of the same. Of which family in the follow-
ing chapter. The cadets of this family differenced themselves from their chief
only by having the partition hne waved, or nebule, as in the Register of the He-
rald-Office.

Fourth way of differencing, is, by diminishing the principal figures, by carrying
fewer of them than the chief family. In Jurisprudentia, Art. 5th, there are in-
stances given us of this practice. The family of Clermont Tallart, in Dau-
phiny, carries gules, two keys in saltier argent. The family of Chatto, descended
of it, was obliged to ciixxy gules, one key in bend argent: And the House of Urre,
in the same province, carries a bend charged with three stars : The cadets of this
House carry, on the bend, but one star. Chassanteus, in his Catal. Glor. Mundi,
is for this way of differencing, and says, " Quilibet primo genitus solet portare
" arma plena &- Integra ipsius domus sine diminutione, alii vero posteriores &■
" postea geniti descendentes portant ea cum aliqua differentia, diminutione &
" distinctione." The author of Jurisprudentia says, " Alium &- veterem, sed per-
" rarum insignia frangendi morem observo, quo minores natu aliquam in insigni-
" bus particulam ad distinctionem primogenitorum omittere soliti erant." This
way of differencing, by diminishing the principal figures, by younger sons, is very
rare, and seldom to be met with ; few or none of the arms in Great Britain, upon
the account of this way of differencing, has occurred to me.

The fifth way, by altering the position and situation of the principal and essen-
tial figures, by cadets, is more frequent with us than the former. In England I
find this practice, from the learned Camden, in his book entitled. Remains Con-
cerning Britain, chapter Of Armories; who says, In past ages those who were de-
scended from one stem, reserving the principal charge, and commonly the colour
of the coat, made some addition or alteration of the figures; as, for example, the
fi.- t Lord Clifford bare, cheque, or and azure, a bendlet gules, which the eldest
sons of that family kept as long as they continued. A second son of the family
made the bendlet a bend, and thereupon placed three lionceaux passant; from
whom the Cliffords of Frampton are descended. Roger Clifford, a second son
of Walter Cliftord, the first lord, for the bendlet took a fesse gules, keeping still
the tincture, as the Earl of Cumberland, from him descended, beareth now: And
the Cliffords of Kent, branched out of that House, took the same, with a bordure
gules. Whereas, also, the Lord Gobham did bertr, gules, on a cheveron or, three

OF ADDITIONAL FIGURES, W^-. 5

lionceaux rampant sablf. The younger brethren of that House, viz. Couiiams of
Steiburv. of Bluckbury, of Billockly, took, for the three honceaux, tiiree cstoils;
the second, three eaglets ; the last, three crescents. Berkeley of Wymoadhani, m
thecountyof Leicester, descended from the Lord Berkeley, who carried a cheveron
betwixt ten cross patees, changed these ten crosses into as many cinquefoils. The same
practice is with us, for cadets to change and alter the position of the principal figures.
The Herrikos of Gilmcrton bare gules, on a bend argent, a rose betwixt two lions
rampant of the field. Herring of Lethendy added another rose, but Herring of
Carswell turned the bend to a fesse. Scot r of Bevelaw turned the bend, carried by
Scot of Buccleugh, into a fesse, for ditference, without any other addition, or, on a
fesse azure, a star of six points, between two crescents of the field. The same did
Leslie of Balquhain, in turning his cliief's bend uito a fesse, without any other
addition.

The sixth method or way of differencing cadets, is by adding figures to the arms
of chiefs of families, which is now most frequently used, diverse ways, by different
nations: But when these additional figures began, what they are, and how to be
disposed, for differencing the numerous issue of descendants, is the subject of the
following discourse: For it seems the variation of the tinctures of field, and figures,
was not sufficient without additional ones, which we find first used by the French ;
and from them the Belgians, with whom arms were very soon used, and regular,
took the lambel, orle, bordure, as additional figures. The author of Jiirisprudentin
Heroica, article 5th, paragraph 6th, says, " Varii tamen a variis nationibus scut;;
" diffringendi modi observati sunt: Apud primes Brabantos &- Belgas incognita
" fuere, tigilla, liinbi, margines, Gallice, lambeaux, orles, bordures, qu;c tunc tem-
" poris a Gallis mutuati sunt, sed ipsa arma quidam ab uxoribus, quidam a terri-
" toi'iis, gloriffi sibi duxerunt; plerique tamen familiaria retinuere insignia, colo-
" rum dumtaxat adhibita variatione." Divers nations used different ways antl"
marks, in distinguishing the arms of descendants of one family from another: For,
of old, the Brabantines and Belgians did not know the lambel, bordure, orle, whicli
were then used by the French, for differences, but took figures from their mothers,
wives, territories, and feudal ensigns, to difference themselves; and many kepi
the arms of the family entire, only making some alteration of the tinctures or fi-
gures.

When the French began to use those above-mentioned, and other additional
figures to the lilies of France, by younger sons, is uncertain. Some say, (as one
Paradin) that Robert tlie first Earl of Anjou, descended of Hugh Capet, carried
azure, seme oi Ao\\tv-Ae.-\ac<iS or, within a bordure gules, in the year 988. Alo-
vertus, and Belliforestus, as in Jurisprud. Her. say, That Philip the august King
of France, who reigned I iSr, was the first that permitted the sons of France to
carry the arms of France with brisures, being before that time unlawful to be car-
ried by the sons of France. Others again say, that the sons of France did not
carry the arms of France without, or with brisures, till Lewis the Gross, who be-
gan his reign in the year 1 1 10. Whatever those writers say, I am persuaded,
that

Anciently the younger sons of the Kings of France were not permitted to carry
the arms of France with a brisure, but only allowed to make use of the tinctiu-cs
of the kingdom, azure and or, in those figures, which the younger sons of tlie
kings assumed, on the account of their marriages, or appanages. Thus, the old
Dukes of Burgundy took for arms, bendy, or and azure, within a bordure gules.
And the old Counts of Verm.^ndois carried, cheque, or and azure, as Sylvester
Petra Sancta observes, out of Marcus Gilbertus de IVarenius, cap. 67. de guttatis
tigillis tesserariis. We find, in later times, the second race of the Dukes of Bur-
gundy (descended of the royal fa;iiily) carried the arms of France, viz. azure,
seme of flower-de-luces or, within a bordure compone, argent and gules, for a brisure,
which they quartered with ancient Burgundy first, and afterwards with other arms.
So the second race of the Counts of Vermandois (when brisures became more fre-
quent and ordinary) added a chief azure, seme of flower-de-luces or, to show their
extraction was from the royal blood of France.

It cannot be hence concluded, that proper differences were not in use till the
sons of sovereigns carried the sovereigns' ensigns with brisures, which was but late.

6 OF ADDITIONAL FIGURES, Wc.

because those were looked upon as sacred and incommunicable, being the ensigns
of sovereignty. Before these were allowed, the sons of France had arms of the
royal tinctures, which were transmitted to their younger sons, with suitable dif-
ferences then in use. The same practice was anciently with us, for the sons of
our kings did not carry the arms of the kingdom with a difference. David Earl
of Huntingdon, brother to King William the Lion, carried or, an escutcheon,
within a double tressure, counter-flowered gules, being of the tinctures of the royal
bearing of Scotland. And long after, John Senescal Earl of Carrick, eldest son
to King Robert IL did not carry the arms of the kingdom with a label, during
Iiis father's reign (as our princes have done since), but the paternal coat of Stewart,
as appears by this prince's seals, with a lion natssanl out of the fesse cheque, inti-
mating his right to the crown ; as also, that it was then beginning to be customary
for the sons of our kings to carry their father's sovereign coat with brisures; for,
when John Earl of Carrick came to the throne, by the name of Robert IIL and
liad a son, David the prince, the elder brother of King James L carried the impe-
rial bearing of Scotland, bruised with a label of three points. And can any pre-
tend to say, that before that time the younger sons of our nobility and gentry
did not carry their father's arms with some difference or other, to difference them-
selves from their elder brothers, and their descendants. But to proceed to show
and describe the differences, or marks of cadency, the lambel, or label, batton, or
cottise, bordure, or fillier, and cheveron, which are called, by some heralds, the
principal differences; because, according to them, they are never seen in arms but
when they difference younger sons. This may be said of the first two, the lambel
and batton; but the bordure and cheveron are sometimes carried as principal and
essential figures in arms, though very frequently as marks of cadency too, which I
shall show by the general practice in Europe.

The lambel, or label, is derived from lambeau, i. e. as heralds say, " Semen seu
" recisa panni particula, sa robe s'en va par lambeaux; vestis in minutas discindi-
" tur particulas;" from whence comes lambriquius, lacinia Jiuentes ex galea, which
we call ordinarily mantlings; of which in another place.

The label, or lambel, is taken there for a piece of silk stuff, or some such thing,
wherewith princes of old environed their heads, which was called a diadem, or
fillet, such as we now see Moors' heads banded with in arms, as Selden observes.
Others take the label for the tying of crowns and garlands with points hanging
down ; but our French heralds will have it a kind of scarf, or ribbon, which young
men wore anciently about the neck of their helmets (as we now do cravats) with
points hanging down, when they went to the wars, or military exercises, such as
tournaments, with their fathers, by which they were distinguished from them ;
and where it was customary, in some places, for younger brothers to be distin-
guished from their elder brothers, the points of the tyings hang down upon the
chief, or upper part of their shields, whereon was their father's arms: From whence
heralds do present this figure as a brisure upon the armorial ensigns of the
eldest sons, whilst their father is in life; and by custom it was also given to young-
er sons; of which practice we shall speak hereafter; the form thereof is as you see
in Plate L fig. i. The traverse, we call the beam, which does not touch the sides of
the shield ; and the pieces that hang down are the points, whicli are always
patulous, I. e. broad at the ends.

The heralds, who write in Latin, give the word lemniscus for a lambel; and
Camden and Uredus use the word lambella, as in the blazon of the arms of
AvESNES, a signiory in Hainault, " Scutum sexies auro &- minio dextrorsus facia-
" tim, superimposita quinque partium lambella," /. e. bendy of six, or and gules,
over all a lambel of five points, and sometimes the lambel of three points, Uredus
calls fasciola trijida, and ChifHetius uses the word limbus tripes, for a lambel of
three points.

The number of the points of the lambel may be either even or odd, to the num-
ber of nine; but when it is used by the eldest son in his father's lifetime, it has
only three points, which are plain, /. e. not charged, or under accidental forms;
but when it is so, and of more points than three, it shows the bearer not to be the
ddest son, but the younger, or one of his descendants.

OF ADDITIONAL FIGURES, i^c. 7

I shall in some few instances show the antiquity of tlie lambel. We read, thai
St Bernard, in his rules to the Templars, discharged the wearing of lambels about
the heads and necks of those of that Order, because they were used by laics as
military marks, and not fit for ecclesiastics, and calls them laqueie l^ rostra. But
it IS to be observed, that clergymen of old, and at this time in popish countries,
use not marks of cadency in their arms, because they are not supposed to have
issue.

The lambel was anciently used on the seal of arms of the princes of Flanders;
GuiDO, second son of William Lord Dampetra, and his lady, Margaret, daughter
of Baldwin Earl of Flanders, carried a shield charged with two leopards, and a
label of five points in chief, in the year 1234. And the same Guido, after his
eldest brother's death, had a label only of three points, his father then being in
life, and he the eldest living son; but upon his father's death he laid the label aside
altogether. Robert, the eldest son of this Guido, continued the same practice as
did their successors Earls of Flanders, as by their seals given us by Oliverus Ure-
dus, De Si^illis Comilum Flandrice.

The ancientest use of the lambel in England is said, by some heralds, to have
been borne by Geoffrey Duke of Bretagne and Earl of Richmond, fourth son of
King Henry U. who was crowned 1153, viz. ^ides, three lions passant giudant or,
a label of five points argent. But Mr Sandford, in his Genealogical History of
England, says, He beheves that this filial distinction, the lambel, was not so soon
used in England ; and he makes Edmund Earl of Lancaster, second son of King
Henry III. and brother to Edward I. by his seal of arms, to be the first who car
ried over the arms of England a lambel of three points azure, charged with flower-
de-luces 6r, upon the account the flower-de-luces were his wife's figures, she being
a daughter of France.

Though the lambel be a brisure in itself, they were anciently in use to charge
them with figures, when carried by younger sons, as they have done the bordure,
to show their maternal descent, and other dignities. The family of Lancaster
for a long time had ahvays their lambel azure, charged with flower-de-luces, upon
the account above mentioned ; and the House of York had their lambels argent,
charged with torteauxes gules, to show their descent from the Briton, Tudor Earl
of Cornwall, who carried such figures. As for the variation of the labels by the
other branches of the royal family of England, I have given an account at the end
of tbe First Part of this System of Heraldry.

Several English writers, as Gerard Leigh, among the first of them, tell us, That
the eldest son's label should have only three points, the one to intimate his father
in life, the other his mother, and the third himself; and that if the grandfather
be alive, the label should have five points : But I find it otherwise by the ancient
practice of the royal family of England, by their seals of arms, given us by the
above-mentioned Sandford. Prince Edward, the eldest son of Henry III. who
was afterwards King Edward I. while he was prince, had on the one side of his
seal the arms of England, with a label of three points, and, on the reverse, with a
lambel of five points, in the year 1267, when he had no grandfather living: And
the same lambels of three and five points were upon the seals of the succeeding
princes, eldest sons of Edward II. and III. So that Gerard Leigh's account did not
hold then in England.

The lambel has been so carried, with three points plain, by the eldest sons of
France, and by the younger sons with more points, variegated with different charges.
With us, the plain lambel with three points is seldom assigned to younger brothers,
but when the heirs-male of the eldest brother fails, and the inheritance falls to his
daughters and their heirs, the younger brother and his issue may then use the
plain lambel of three points, as the heir of expectancy ; of which before, in the
First Part of this System, page 384. so carried by Hamilton Earl of Abercorn
over the arms of Hamilton. By which practice the plain label in this case seems
to be hereditary, when carried by younger sons and their heirs-male. And the
same practice was used by a younger brother of the House of Nithsdale. who
married the heiress of the Lord Herries, quartered his paternal coat, argent, a saltier
sable and in chief a lambel gules; v.ith the coat of Herries, viz. argent, three
urcheons sable : And which arms continued with his successors after the same

S OF ADDITIONAL FIGURES, ^r.

iiiiiiinei- Arbui-hnot of Findowrie, a second son of the family of A rbuthnot, car-
ried always a label for his difference.

1 shall add here what the authorof Jiirisprud. Ha. dc Jure Belgariim, says of the
use of the label. When the label is hereditary and fixed as other figures, which
the father carries, his eldest son and successor must carry the same; and if it be a
label of three points, the second son may carry one of four point-, and the third
son one of five points, and the fourth son a label of six points, and no further, for
the label's points can be no more multiplied. And this is practised also by the
i''rench, as well as by the Flandrians.

The other principal difference, the batum, before mentioned, being almost the
same with the bendlet, cottise, and ribbon, of which I have treated in the First
Part of this System, chap. 13. as being diminutives of- the said bend; and have
distinguished them as to their use, that is, when the field is filled with bendlets,
and when two cottises accompany a bend, then they are no marks of cadency ;
but when there is only one of them surmounting the arms, it is called a button, and
i, an ancient mark of cadency: As that in the old arms of Abernethy, of which
before, where the batton, or ribbon, by some so called, surmounts and bruises the
lion.

I shall give here two instances of its practice of old as a brisure, first, Henry,
second son of Henry III. carried the arms of England, surmounted of a bendlet
azure, for his difference; and when he succeeded his elder brother in the earldom
of Lancaster, in the reign of Edward II. he laid aside the bendlet, and carried, as
his father and brother, over the leopards of England, a label of three points azure,
each charged with flower-de-luces. The other instance of a bendlet as a brisure,
Olivarius LFredus gives us in the arms of Guido, second son of William Lord Dam-
petra, and his lady, Margaret Countess of Flanders, who carried the arms of Dam-
petra, two leopards bruised, with a bendlet for diflerence, in the year 1 251, which
he laid aside when he succeeded his elder brother William.

It is to be minded, that when the eldest son dies without issue, the second son is
then successor, and carries the plain arms of his father, as Cbass. Cat. Gloi . Mund.
Part. I. " Primogenito sine hberis decedente, arma Integra ad secundo genitum
" devolveret ita deinceps."

The batton is now-a-days ordinarily couped, that is, touches not the angles of
the shield, and is used very short by the French, which they call baton peri. The
Latin heralds give the words Jijfura and bacculus, commonly for a batton. Syl-
vester Petra Sancta calls it clabilla, a httle club, and sometimes clavulu. In his
68th chapter, De Clavula 'isS de Stamine Tesserario, where he says, " Vectis & bacil-
" lus scutarius forniae teres, &- ejus tantum latitudinis, ut trientem baltei non ex-
" cedat, hie inquam vectis, seu bacillus, etiam ipse a primogenitis, turn liberos
" natu minores, tum eorum posteritatem distinguit."

It is, and has been the constant custom of France, to distinguish younger sons
by battons ; Thus Monsieur Robert of France, Count of Clermont, younger son
of Lewis IX. of France, carried France bruised with a baton peri gtdes. He mar-
ried Beatrix, daughter and heiress to John Lord Bourbon, whose eldest son carried
the foresaid bearing, from whom issued the noble family of Bourbon, of whom the
present monarch of France is descended. The baton peri is freqvient with the
French, as the author of yurisprude/itia Heroica s^yi, " Insignia seu regale Bour-
" bonium stemma discriminavit, clavula nempe coccinea, seu fusti scutario, vulgo
" le baston de gueules, qui (non secus ac taenia, nisi quo multo sit tenuior) a parte
" dextra in sinistram vergit, heraldire, peri en bande." The second son, James
Count de la March, who married the heiress of Vendosme, did also bear the fore-
said coat; but charged the batton (for a sub-brisure) with the figures of Vendosme,
viz. three lions argent; and the other younger sons of this family diflerenced their
battons with other figures, as Bourbon Monpensier placed on the top of his batton
a canton charged with a dolphin azure; and Bourbon d'Ev£REux has his batton
componed, argent and gules.

I seldom or never find with us, and the Enghsh, a batton couped made use of
by younger lawful sons, because, as to those that know not the science, it looks like
a mark of illegitimatidn. The batton sinister I have treated of before, in the 14th

OF ADDITIONx^L FIGURES, l^c. 9

chapter of the First Part of this System, and shall here treat of it again, with other
marks of illegitimation ; but first of fhe bonlure.

The bordure, the third mark of cadency above mentioned, goes round the ex-
tremities of the shield, and takes up the fifth part of the field, by the English ;
by our practice, sometimes less, sometimes more, according as it suits with the
figures within the shield, and the figures that charge the bordure. Part I. chap.
18.

By all nations it is frequently used as a brisure ; and especially by the English,
who do not look upon it as a principal figure, or one of the honourable ordinaries,
but a principal diflerence; and is never to be found, say they, in a coat of arms,
but when it stands for a mark of cadency. By the French it is looked upon as a
principal figure, and not a mark of cadency ; but when the bordure is less than its
just quantity, and of metal upon metal, or colour upon colour, it is called by
them ■dfdlier. With us the boidure, as with the French, is sometimes a principal
figure, and sometimes taken for a mark of cadency, and that very frequently; but
with the French, and with us of old, for a principal figure.

For the antiquity of the bordure, as a principal figure, in an old edition of the
Chronicle of St Lewis, by Joinville, he there says, That Charlemagne gave arms to
Arnold de Comesing Viscount de Cozerans, which were only or, a bordure gules,
for his good services in Spain. Here it could not be but a principal figure, since
there are none other but itself. The Kings of Portugal carry their imperial en-
,sign within a bordure, charged with towers or castles, for the kingdom of Algarve,
which Alphonsus III. got from the king of Castile, upon the account he married
his daughter in the year 1278. The bordure is not taken for a mark of cadency
in the armorial bearings of the Spaniards, who use to have more than one or two
bordures, but as principal figures, or essential parts of the bearing, representing
some victory over the Moors, Goths, and other barbarous invaders of their country,
as John Baptista Christyn, in his yurisprudentia Heroica, Art. 5. his words are,
" Qtiod ad aliarum attinet famiharum margines & limbos, non adeo sunt discrimi-
" nis notas, quam scuti partes essentiales, lis tot Victorias a Mauris, Gothis, coe-
" terisque barbaris reportatas, aliaque id genus decora significantes." The same
author, in his Supplement to his First Part, tells us. That ordinarily the Spaniards,
and those of the Netherlands, have their mothers' figures, charging a bordure
round their own arms, not as a brisure, but to show their marriage or maternal
descent. His words are, " Limbi apud Hispanos connubia designant, &- quemad-
" modum apud Belgas &- Gallos insignia exponuntur." For which he gives us the
instance of Alphonsus III. before mentioned. And the Guzmani, in Spain, have
round their arms, by marrying with the family of Villamicares, a bordure charged
with castles and hons ; which is also given in taille douce by Sylvester Petra
Sancta, page 599.

One of the ancientest and greatest families with us, the Dunbars Earls of
March, without question the principal family of the name, carried gules, a lion
rampant argent, within a bordure of the same, charged with roses of the first.

The honourable and ancient family of Maule Earls of Panmure have always
been in use to carry parted per pale, argent and gules, a bordure charged with
escalops, all counterchanged of the same ; being the same which their pro^renitors
had in the kingdom of France: of which more particularly in the following cliap-
ter. So much for the bordure as a principal figure.

As it is an additional figure, and mark of cadency, I have spoken to it before in
all its varieties, and given examples by whom carried ; and here I shall add others,
whom I have not before mentioned, with some new observations.

When the bordure is made by plain lines, and not charged with figures, and of
the tincture of the principal figure in the field, it then shows the bearer to be a
younger son of the principal family.

Mr Thomas Hope of Rankeilor, Advocate, second lawful son to Sir John Hope
of Graigiehall, azure, a cheveron or, betwixt three besants, all within a bordure of
the second; crest, a broken globe surmounted of a rainbow, proper: motto. At
spes infraBa. L. R. and Plate of Achievements.

James Banmantyne of Kelly, a second son of the family of Karnes, bears the
arms of the family, viz.. gules, a cheveron argent, betwixt thi-ee mullets or, (and.

Vol. II. C

10 OF ADDITIONAL FIGURES, ^c.

for his filial difference) within a bordure of the second ; crest, a griffin's head
erased, proper: motto, Non cito mn tarda \ as in the Lyon Register.

John Macartney of Auchinleck, in Scotland, now Esq. and residenter in Ire-
land, argent, a stag tripping gides, attired or, within a bordure of the second ; crest,
a dexter hand holding a slip of a rose tree, proper : motto, Stimulat sed ornat.
L. R.

Alexander Scott of Sinton, a second son of Scott of Harden, bears or, on a
bend azure, a star of six points betwixt two crescents of the field ; and, on the
sinister chief point, a rose gules, stalked and barbed vert, all within a bordure sable;
crest, a crescent argent; with the motto. Crescendo prosim. L. R.

Scott of Galashiels, a younger brother of Scott of Sinton, carries the same arms,
but, for his difference, charges the bordure with six escalops argent, for marrying
a daughter of Pringle of Galashiels; crest, a lady from the waist richly attired,
holding in her right hand a rose, all proper: motto, Prudenter amo. L. R.

When the boidure is formed by uneven or crooked lines, such as ingrailed, in-
vected, indented, embattled, and other such lines, which I have described before in
the First Part of this System, it shows the bearers to be descended of the third or
fourth son of a family.

Thomas Lidderdale, Merchant, citizen of London, son to the deceased Robert
Lidderdale, a younger son of St Mary's Isle in Scotland, bears, azure, a cheveron
ermine, within a bordure ingrailed argent; crest, an eagle's head erased, proper:
motto, Perbelle qui preevidet. L. R.

John Greig of Ballingrie, gules, three dexter hands couped and disposed bend-
ways ^r^f;;/, 1 and I, within a bordure ingrailed of the second; crest, a right
hand : motto, Signantur cuncla nianu. L. R.

Donald M'Gilchrist of Northbar, gules, a lion rampant argent, within a bordure
invected of the last; crest, a lion's paw bend- ways argent: motto, Cogit in hostem.
L.R.

Lundin of Auchtermemy, descended from the family of Lundin, carries the old
coat of Lundin, viz. paly of six pieces, argent and gules, on a bend azure, three
cushions or, all within a bordure indented of the third; crest, a hand, proper,
holding a cushion argent: motto, Tarn genus quam virtus. L. R.

Colonel George Hamilton, second lawful son to Redhouse, (vi'hose great-grand-
father, the laird of Redhouse, was one of the Senators of the College of Justice,
and second brother to the laird of Priestfield, afterwards Earl of Haddington)
bears gules, on a cheveron, betwixt three cinquefoils ermine, a buckle azure, all
within a bordure embattled or, charged with eight thistles vert, flowered gules;
crest, two hands conjoined, issuing out of a cloud, and within two branches of
laurel, disposed in orle, proper: motto, Prastando prasto; recorded the 29th of
March 1694 in the Lyon Register.

A bordure formed on the inner side, as those above, by a line crooked like a
wave of the sea, is called a bordure waved ; as that in the arms of Hamilton of
Ladylands, a cadet of Torrence, descended of the House of Hamilton, gules, a
mullet betwixt three cinquefoils, all within a bordure waved argent. L. R.

Hamilton of Westburn, descended of the family of Torrence, descended of the
family of Hamilton, gules, three cinquefoils ermine, within a bordure potent and
counter-potent of the second and first ; crest, a hand grasping a lance in bend,
proper: motto, Et nrma et virtus. L. R. and Plate of Achievements.

Crawfurd of Cartsburn, gules, a fesse ennine, betwixt three mullets in chief
argejit, and in base two swords saltier- ways ; for a brotherly difference he had a
crescent surmounted of a crescent ; and, in lieu thereof now, for his difference, he
carries the above blazon within a bordure waved argent; crest, a sword in pale,
having a pair of balances on the point, all proper: motto, ^/od tibi, boc alteri.
L. R. and cut in Plate of Achievement, Part I.

The more the bordures are varied from plain ones, by accidental forms, and
charged with figures, they show the bearers to be the further removed from the
principal House; as also, when componed, or counter-componed, or divided by the
partition lines: To which purpose are the words of the author of Jurisprudentia
Heroica, " Tertio geniti fihus primus paternum retinet limbum; secundus limbum
• " praeferet dentatum ; a la bordure edcntee; tertius besantiis nummis insignitum.

OF ADDITIONAL HGURES, i^c. 1 1

" d la bordure chnrgee dc besans i quartus sectionibiis diversi colons distinctum, d
" In bu! duf: covi:>'jnee, &- ita de caeteris." 0£ the bordure compone 1 shall here
treat more paiticila^ly.

The bordure compone, as the French say, and gobonated by the English, is when
the bordure or any other .igure is filled with one rank of square pieces, alternately
oi" netal and colour, as that going round the arms of Lundin of that Ilk, to be
seen Plate XVil. in the First Fart of this System.

This bordure was of old honourable, but of late fallen into disgrace : how it
came, I cannot give a particular account, but shall here give my observes of its
use.

Philip Duke of Burgundy, surnamed the Hardy, the youngest lawful son of
John King of France, siuTounded the arms of France with a bordure gobonated,
argent and gules, which were the ensigns of Burgundy modern ; and so stands yet
quartered with Burgundy ancient, bendy of six, or and gules, within a bordure of
tile last : Which arms have been marshalled with these of Spain, and has prece-
dency of all the other arms of dukedoms and provinces marshalled in the achieve-
ment of that kingdom.

The first bordure compone, or gobonated,. I find- in England, was used by the
children of John of Gaunt Duke of Lancaster, fourth son of Edward UI. pro-
create on Katharine Roet, \vidow of Sir Otes Swinford, in the lifetime of his
former wives. This Katharine he married last, (as Sandford in his Genealogical
History) but could not free his three sons, John, Henry, and Thomas, begot upon
her, from bastardy, till he obtained an act of Parhament for their legitimation ;
and before that act of legitimation, which was obtained the 20th year of the reign
of Richard II. the three brothers, says Sandford, carried, parted per pale, argent
and azure; over all, on a htni gules, three lions passant gardant or, the figures of
England. The first brother differenced his arms with a lambel; the second, the
same arms by a crescent ; and the third, Thomas, by a mullet. But after the act
of legitimation of these three brothers, says our author, their distinction of bastardy
was discontinued; which, it seems, was their placing their father's arms on a bend,
and the field of two tinctures : For John Beaufort, the eldest, was Earl of Somer-
set,, and after the legitimation did bear the arms of France and England quarterly,
within a bordure gohone, argent and azure. The second brother, Henry Beau-
fort, Cardinal and Bishop of Winchester, carried the same arms with his elder
brother: And the last, Thomas, had a bordure gohone, ermine laxdi azure : But
when he was made Duke of Exeter, he made his bordure round the arms of
England, gohone, argent and azure; the last charged with flower-de-luces, because
hemarried the daughter of Holland Duke of Exeter, and whose bordure was azu7'e,
seme of flower-de-luces or. Those brothers were surnamed Beauforts, from the castle
of Beaufort in Anjou, where they were born, and used the portcullis of that castle
for their badge ; which figure, with these of tiie thistle and rose, the badges of
Scotland and England, are yet to be seen upon old buildings with us, since the
marriage of King James I. of Scotland with Jean, daughter of John Beaufort Earl
of Somerset. And her arms being the same with her father's, before blazoned, are
so illuminated in our old books of blaxons. The bordure compone, or gobonated,
was Iwked on then as an honourable figure to distinguish lawful children; fori
find Humphrey Duke of Gloucester, fourth lawful son of King Henry IV. of
England, carried the royal arms of England, within a bordure gobonated, argent
axiA sable; which bordure, says Sandford, he was advised to take, in imitation of
that of the Duki of Burgundy above mentioned, by Nicol Upton a herald. But
afterwards this Duke Humphrey laid aside the bordure compone, and took a bor-
dure argent, as more honourable, in imitation of Edmond Earl of Kent, and
Thomas Duke of Gloucester, younger sons of Edward I. and Edward III. Our
author says, the ingratitude of those of this latter age to the memory of those
illustrious families above mentioned, have converted the bordure gobone to no
other use, than in distinguishing the illegitimate issue from those lawfully begot-
ten. But this saying of his will hardly clear it from the aspersion of bastardy,
even by the instances he gives us; and that it was looked upon by heralds as
.such; as by Spelman, in his Notes upon Nicol Upton, who says, That in England
the batton-sinister, and the bordure gobonated, were, of old, the marks of illegiti-

J 2 OF ADDITIONAL FIGURES/c?f.

ination in England. And the author of Jurisprudentia Heroica, Article i2tli,
paragraph 17th, says the same trom Spelnian, thus, " Bacillus sinister extrema
" scuti non attingens, &- fimbria quandoque striata, sed plerumque gobiata (ut
" fecialibus fari visum est) hodierns nobis illegitimi notae sunt, &- antiquitus
" etiam fuisse apud Anglos nothorum dift'erentiam, notatu dignum censens."

Charles Earl of Worcester, Lord Herbert (so dignified by King Henry Vlll.)
was a natural son of Henry Beaufort Duke of Somerset, eldest son of Edmund
Duke of Somerset, third son of John Beaufort Earl of Somerset, eldest son of John
of Gaunt Duke of Lancaster, by Katharine Rouet his third wife; which Charles
bare the coat of his fatlier, viz. France and England, quarterly, within a bordure
^obone, argent and azure, with the addition of a batton-sinister. He was succeed-
ed by his lawful eldest son, who carried the arms of his father, but disused the
batton, and after, all the descendants of this family were in use to do the same; and
carry the arms of France and England within a hovAwK- gobone ; as the present
Henry Somerset Duke of Beaufort, sprung from the above-mentioned John of
Gaunt Duke of Lancaster.

The bordure compone, or gobonated, was, of old, in great esteem, in differencing
lawful sons with us; as by Sir William Wallace of Ellerslie, ^r^/^'j, a lion rampant
argent, within a bordure compone azure, and of the second.

It is used promiscuously in the arms of many families with us, whether legitimate
or illegitimate, as an honourable brisure, and also round the arms of ancient fa-
milies sprung from the natural sons of some of our kings ; as that carried by
Stewart Earl of Murray, descended of a natural son of King James V. and of
late by Lundie, or Lundin, of that Ilk, as an honourable additament from the
crown, who having laid aside their old arms, viz. paly of six pieces, argent and
gules, surmounted of a bend azure, charged with three cushions or, carry now only
the arms of Scotland, within a bordure gobonated, argent and azure, as sprung
from a natural issue of King William the Lion.

John Lundin of Baldester, whose great-grandfather was a lawful brother of the
ancient family of Lundin, assumed the new coat of Lundie, and quartered it with
the old arms of Lundie, thus recorded in the Lyon Register, quarterly, first and
fourth the arms of Scotland within a bordure gobonated, argent and azure, as be-
ing the arms granted by King Charles II. to the family of Lundin ; and specially
adapted to their descent from Robert of Lundin, natural son to William the Lion
King of Scotland, and brother to King Alexander II. The second and third
quarters are, paly of six, argent and gules, on a bend azure, three cushions of the
first, as the coat formerly used and borne by these of the name, all with a bordure
azure; crest, a dexter hand open, and charged in the palm with an eye, all na-
tural: motto, Certior dutn cerno; so recorded in the Lyon Register, 14th January
1698.

This bordure has not- only been used by the issue of bastards, (of which I could
give several instances) but even by bastards themselves; so that the bordure go-
bonated is become more suspicious of being a sign of illegitimation than any other
figure in heraldry, except the batton sinister.

The natural sons of King Charles II. and King James VII. have been in use to
carry the arms of Britain within such bordures ; as Charles Duke of Richmond,
natural son to King Charles II. carries Britain, within a bordure gobonated, argent
and gules, on the first roses of the second.

James Duke of Berwick, natural son to King James VII. carried the arms of
Britain within a bordure compone, gules and azure; the first charged with the lions
of England, and the second with the flower-de-luces of France: And so much for
the bordure compone, or gobonated. I proceed to other bordures, composed of
more than one range or tract of square pieces of difierent tinctures, which have
never been attached as any sign of illegitimation by birth or descent, but have
everywhere been used as regular and honourable brisures, so far as I know.

Bordure counter-compone, which some call counter-gobone, and the French call it
often echiquete of deux traits: It consists only of two ranges or tracts of square
pieces, alternately of different tinctures, and is always carried as a brisure or mark
of cadency for lawful younger brothers and their issue.

OF ADDITIONAL nCURES, Wc. ij

John Carmichael, Portioner of Little-Blackbuin, as descended of Carmichael
of that Ilk, carries rt;y«i;, a fesse wreathed, azun- and ^u/cs ; and, for his dilfer-
ence, within a bordure crmnter-compMi of the second and first. Lyon Register.

Mr James Garden, sometime mmister of the gospel at Balmerino, descended of
the family of Garden of Leys, argent, a boar's head erased sable, betwixt three
cross croslets fitched gules, all within a borduie counter-componed of the second
and first; crest, a rose slipped, jvoper: motto, Siutine, dbstiiu-. L. R.

Bordure cheque consists of three ranges or tracts of square pieces, alternatively
of metal and colour. There are many good families with us, who, as cadets,
brise their chief's arms with this bordure; of whom I have given several examples
in the First Part of this System, and shall here add t\\ o.

Leslie of Findvassie carried the quartered arms of the Earl of Rothes, within a
bordure cheque, gules and or. L. R.

John Irvine of Kingoussie, descended of Drum, bears two coats ; quarterly,
first argent, tliree holly branches, each consisting of as many leaves, proper, hmwl-
ed gules, within a bordure cheque vert, and of the first, for the name of Irvine;
second argent, an eagle displayed sable, for Ramsav ; third as second, fourth as
first. L. R.

The more the bordure is varied from plain ones, of which we have given ex-
amples, the more they show their bearers to be removed from their principal house:
As likewise, the bordures which are divided by the partition lines, as parted per
pale, per fesse, bend dexter, and sinister, are suitable differences of cadets; of
which I have given examples in the First Part of this System.

The bordure is often charged with small figures, such as crescents, besants,
martlets. &c. frequently taken, especially by the younger sons, some of them be-
ing the figures of their mother's arms, to show their descent, and to difference
themselves from their elder brothers, by charging their bordures.

The cheveron, counted by some, as aforesaid, one of the principal differences, is
never carried in a coat of arms, but to difference the bearer from the chief. This
does not hold in our practice, nor in that of the French ; but sometimes it is car-
ried as a principal and essential figure, and one of the ordinaries, to difference one
principal family from another. Of its form and signification I have treated before,
in the First Part of this System.

It cannot be denied but it is often used with us and other nations as a mark of
cadency, to distinguish younger sons from the principal family, and cadets from
one another.

It has been carried as a principal and essential figure by the ancient surname
of Fleming, of which before; and by the surname of Hepburn, and several
others.

The cheveron, as I said, is very frequently made use of as a principal or dif-
ferencing figure by us: Yea, there is no principal figure in armory, whether pro-
per or natural, but has been added by cadets to the principal bearing of their fa-
milies. I shall add two or three instances of the cheveron being carried as a mark
of cadency.

It is said by heralds, especially the English, that it represents the couples or
rafters of a house, such as wrights set on the highest part of the house, which is
not complete till it be set up; for which they Latin the cheveron, tignum: In
which sense. Gordon Earl of Aboyne, third son to George Marquis of Huntlv, for
his difference, took a cheveron, and so carries, azure, a cheveron betwixt three
boars' heads couped, within a double tressure, flowered with flower-de-luces within,
and adorned with crescents without, or ; and, for motto, took these words, Slant
Cietna f'l^no, to show himself a cadet by the cheveron. Hay of Seafield, descend-
ed of Hay of Fudy, who was a son of the House of Errol, argent, a cheveron be-
twixt three escutcheons f///f/. When the cheveron is of the tincture of the prin-
cipal figures, such as the escutcheons last mentioned, which accompanies the che-
veron, it shows the bearer to be more near the chief house than those cadets who
carry the cheveron of a different tincture from the principal figures. And the
same may be ^aid of all the other ordinaries, when they are added by cadets to the
arms of their chiefs for differences.

Vol. II. D.

14 OF ADDITIONAL FIGURES, "i^c.

I shall here only add the arms of Robert Fullerton of Craighall, Writer to the
Signet, and Comptroller of his Majesty's Customs at Leith, eldest son of Robert
Fullerton of Craighall, who was son of Mr William Fullerton of Craighall, a third
lawful son of the family of Fullerton of that Ilk, so matriculated in the Public
Register of the Lyon Office, and thus blazoned, viz. argent, a cheveron betwixt
three otters' heads erased gules; crest, a camel's head and neck erased, proper:
motto. Lux in tencbris; the crest and motto of the chief family. Of which before,
in the First Part of this System.

The cheveron, when as a brisure, and put under accidental forms, such as in-
gr ailed, invected, &-c. or when charged with other figures than these in the princi-
pal bearing, shoiv the bearers to be degrees removed from the principal house, ex-
cept the figures that charge the cheveron belonging to the mother of the cadet, to
show what marriage he came from.

What I have said of the variety of the bordure, in differencing descendants, the
same may be applied to the cheveron.

Having now treated of the label, batton, bordure, and cheveron, as principal
differences or additional figures, added by cadets, in all their varieties, I now
proceed to other figures frequently used to difference descendants of one family,
in their different degrees of birth, when added to their paternal bearing.

There are other sorts of differences given us by heralds, such as differentite con-
sanguineorum, and differentia extraneorum; the differences of the first being these
of consanguinity ; which are, the crescent, mullet, martlet, annulet, flower-de-luce,
and such like minute figures, which are given to younger sons whilst they are in
their fathers' family ; to show their primogeniture, descent, and degrees of birth,
when added to their paternal l)earing. But it is to be observed, when these
younger sons come to erect and be heads of distinct families, with issue, they or-
dinarily leave these minute and petty differences, and take differentias extraneorum,
large and conspicuous figures, such as bordures, bends, cbeverons, ciuarters, &c.
By such like conspicuous figures, whilst they were in the field of battle, they
were the more eminently distinguished by their banners, ensigns, and other utensils
of war whereon were their arms.

Having spoken of some of those before, I shall now proceed to treat of those
differences of consanguinity, by some called the minute differences, or modern, and
temporary ones.

The label, of which before, is counted one of them; but then it is frequently
only temporary by the eldest son during the father's life, and seldom is carried by
the second son as hereditary, unless when the fortune of his eldest brother goes off
with the inheritance of the family to his daughter; of which before.

The second son (his elder brother continuing) adds a crescent to his paternal
coat for difference, (and some heralds tell us, that this figure, as the other figures
following, hath a symbolical sense and representation) to put him in mind to in-
crease in fortune and honour. The third son carries a mullet, (which properly
signifies a spur-rowel, though some take it for a star) to incite him to chivalry.
The fourth a martlet, being a little bird in armories, represented without feet and.
beak, to make him mindful to trust to the wings of virtue and merit, and not to
his own legs, having Httle land to put his feet on. The fifth, an annulet, or ring,
to remember him to achieve great actions. And the sixth, a flower-de-luce, to
mind him of his country and prince.

The Italian, Sylvester Petra Sancta, takes this martlet to be a swallow, when he
speaks of the differences of Britain, thus : " At in Britannice regno feciales tri-
" buunt secundo genitis addititiam lunulam, tertio genitis merulam, similemve
" hirundini aviculam, quarto genitis stellulam ; annulum quinto genitis, sexto
" genitis lilium.

These differences are now frequent with the English, of which I shall add some
instances. William Cavendish Duke of Newcastle, representative of a second
son of Cavendish Earl of Devonshire, sable, three harts' heads cabossed argent,
attired or, with a crescent in the centre of the second, for difference. The same
had the Duke of Schomberg and Lemster, Marquis of Harwich, &-c. argent, an
escutcheon sable, over all a carbuncle of eight rays or, with a crescent for differ-
ence. And the present Howard Earl of Suffolk, Cecil Earl of Salisbury, have

QF ADDITIONAL FIGURES, y<-. 15

crescents for their diflerences, and several others of the English nobility, as bj-
the late English books of arms. John Digby Earl of Bristol, descended of u
third brother, gives azure, a flower-de-luce argent, with a mullet, for difference, in
the dexter chief point of the second. The same does Montague Earl of Sand-
wich, of whom before. George Villiers Duke of Buckingham, argent, on a cross
gules, five escalops or, with a martlet of the second, in the dexter canton. James
Bertie Earl of Abingdon, argent, three battering rams, bar-\\ ays in pale, proper,
armed and garnished azure, with an annulet for diiference, being a fifth brother,
or descended of a fifth. Charles Howard, Baron Howard of Escrick, gules, on u
bend, betwixt six cross croslets jitche argent, an escutcheon or, thereon a demi-
lion rampant, pierced through the mouth with an arrow, within a double tressure,
counter-tlo\vered^f;//t'j-; being the bearing of the name and family of Howard, and,
as a cadet, adds, for difterence, a flower-de-luce. Most of the arms of the gentry
of England are stuffed with these figures. Sandford, in his Genealogical History,
says these ditTerences began in the reign of Richard II.

The same differences were used in Holland with some variation ; the eldest car-
ried as his father, the second son used the label, third son a crescent, fourth son
a mullet, or star, and so forth, as John Baptista, in his Jurispnidentia, Art. 5.
" In HoUandia, vicinisque provinciis, paulo aliter insignia distinguuntur, ita ut
" primogenitus vivente patre, aut eo mortuo; secundo genitus tigillum, sen 1am-
" bellum retineat; tertius lunulam crescentem ; quartus molulam seu asterculum;
" &• alii qui sequuntur merulam, annulum aut hlium insignibus, in disciimen ali-
" orum adhibeant."

The same practice of these figures is to be found with us as with the English, of
which I shall subjoin a few instances. Monteith of Millhall, as descended of a
second son of Monteith of Kerse, carries, quarterly, first and fourth or, a bend
cheque, sable and argent, for Monteith; second and third azure, three buckles or;
and, for his difference, has a crescent in the centre of the quartered arms, as in the
First Part of this Treatise, and Plate of Achievements.

Robert Udney of Auchterallan, a second son of Udney of that Ilk, bears the arms
of Udney, Viz. gules, two greyhounds counter-salient, argent collared of the field;
in the honour point, a stag's head couped, attired with ten tynes, all betwixt three
flower-de-luces, two in chief, and one in base or; with a crescent for his difterence.
And John Udney of Coultercallan, a third son of Udney of that Ilk, carries the same
arms, with a mullet for his difference. Arthur Udney, a fourth son of the fa-
mily of Udney, bears the same with Udney of that Ilk, with a martlet for his dif-
ference. As all of them in the Lyon Register.

The annulet, the difterence of a fifth son, was made use of by Sir William
Hamilton of Whitelaw, one of the Senators of the College of Justice, a fifth sou
of Bangour, ^!//ej-, a mullet betwixt three cinquefoils argent, on a chief of the last,,
an annulet of the first. Mr William Hamilton of Orbiston, a younger son of
James Lord Hamilton, gules, an annulet betwixt three cinquefoils ermine. John
Nairne of Segden, descended of the House of Sandford, carries, parted per pale,
sable and argent, on a chaplet, four quatrefoils, all counterchanged ; and, for his
difference, he had a martlet. L. R.

The. flower-de-luce, the difference of a sixth son, carried by Patrick. Fraser of
Broadland, Advocate, descended of Fraser of Philorth, whose quartered coat he
carries, viz. first and fourth azure, three frases argent ; second and third Sfules, a lion
rampant argent, armed and langued sable; with a flower-de-luce for difterence.

Alexander Napier, descended of a sixth son of Napier of that Ilk, bears
argent, on a saltier ingrailed, between four roses gules, a flower-de-luce for differ-
ence; crest, a dexter hand erected per pale, holding a cxesctnt argent : motto.
Sans tache. L. R.

These are called the differences of the first house, when made use of by sons of
principal families.

The second house is the second son and his children. The eldest son of the se-
cond house bears his father's coat, with such differences as he did ; but if his fa-
ther be in life, and his difference from his elder brother be a crescent, then the
crescent is charged with a label, which is temporary during his father's life. The
second son of the second liouse a crescent charged with another crescent, as
Howard Earl of Berkshire, Viscount Andoyer, and Baron Howard of Charles-

i6 OF ADDITIONAL FIGURES, Sit.

ton, second son of Thomas Howard Earl of Suffolk, who was descended of a second
son of the Duke of Norfolk, gules, a bend betwixt six cross cmsitls Jiiche argent;
in the middle of the bend, on an escutcheon or, a demi-hon rampant, pierced
through the mouth with an arrow, within a double tressure counter-flowered gules.
Which escutcheon the Duke of Norfolk got from the King of England, as an ho-
nourable additament for the victory he obtained over the Scots at Flodden. Suf-
folk adds a crescent, as a second son, and Berkshire charges it with another, as a se-
cond son of a second son. With us, David Forrester of Denoven, a second son
of a second son of Forrester of Garden, argent, three hunting-horns sable, garnished
gules, a crescent surmounted of another for difference. Thomas Nairne, second
son to the deceased William Nairne of Langside, who also was a second son of the fa-
mily of Sandford, bears, parted per pale, argent and sable, on a chaplet four mullets,
all counter-changed ; and, for a brotherly difference, in the middle fesse point a
crescent surmounted of another, both counter-changed as the former; crest, a
celestial sphere, or and azure, standing on a foot gules : motto, Spes ultra, and be-
neath, rEsperance me comforte. L. R.

The third son of the second house has the crescent surmounted with a mullet ;
the fourth son of that house with a martlet; the fifth with an annulet, and the
sixth son the crescent, charged with a flower-de-luce.

The third son and his issue makes the third house. The difference belonging
thereto is the mullet, and the second son of that house surmounts it with a crescent.
William FLw, merchant and bailie in Edinburgh, descended of the Earl of
Tweeddale, whose quartered coat he carried, bruised the surtout with a mullet, sur-
mounted of a crescent, being the second son of a third brother of that family.
The third son of the third house, surmounts the mullet with another, the fourth
son with a martlet, and the fifth with an annulet; as Drummond of Garlowrie, or,
three bars waved gules, in chief a mullet of the last, charged with an annulet of
the first.

The martlet, annulet, and flower-de-luce, being charged, as I have said of the
crescent and mullet, are the diflerences of the fourth, fifth, and sixth houses.

Besides those six differences, some heralds add other three; to the seventh son
they give a rose. With us several famihes carry roses for differences, as younger
sons or brothers. Scott of Harden, or, on a bend azure, a star of six points be-
twixt two crescents of the field, in the sinister chief point a rose gules, stalked and
barbed, proper, being a cadet of Scott of Sinton : But now he carries the coat of
that family, viz. or, two mullets in chief, and a crescent in base azure. Scott of
High-Ghester, as a second son of Harden, the foresaid old coat of Harden, and sur-
mounts the rose with a crescent (7/ye/i/. ScoTT of Thirleton, near Kelso, a third
son of Harden, charges the rose of Harden with a martlet ; and Scott of Wooll
the same, with an annulet. It is strange, that these families of the name of Scott,
descended of Sinton, should have carried the arms of Buccleugh, with additional
figures, and not added them to the arms of Sinton.

Cunningham of Brownhill, argent, a shake-fork sable, in chief a rose gules, sur-
mounted of a mullet of the field.

To the eighth son they give across moline, or anchor; and to the ninth a double
quatrefoil, /. e. a flower with eight leaves, to express that he is removed from his
elder brother and the succession by eight degrees.

These distinctions, as we have said, were called differences of consanguinity; be-
cause they were primarily invented for the use of younger sons, whilst in familia
patris, in their fathers' family, as marks of their primogeniture, or degrees of birth;
and not to distinguish their families, when erected, distinct, and separate from the
principal house, they taking other regular and conspicuous marks; such as the
dijferentiir extraneorum, of which immediately.

The differences of these who erect new distinct families, and which they trans-
mit to their posterity, will not only serve to distinguish their families and issue
from one another, but from the principal house whereof they are descended, and the
time of their descent, which can never be done by those minute figures to the
third generation : For though a second son, descended of a second son, take a cres-
cent upon a crescent, how bi^ second son shall distinguish is hardly conceivable.
And they are so far from showing the time of their bearer's descent, that they can •

OF ADDITIONAL FIGURES, ^c;

^7

not distinguish the uncle from the nephew, that is the second brother from his
eldest brother's second son, who would both carry the same thing : But to what
our worthy countryman Sir George Mackenzie has written of them, 1 refer the
reader. I shall here add what the elaborate Sn- William Dugdale, Garter King at
Arms in England, has written in his book, The Ancient Usage of Arms ; who says,
" As for these minute ones, they do not show the time of the descent; for we cannot
" know which of the crescent bearers are the uncle or nephew. And. further, it
" is a very usual matter for every new riser at this day, that can find a man of his
" surname that hath a coat of arms, presently to assume it, by adding a crescent,
" or any other of these minute difterences, which (says he) I seldom credit such
" kmd of ditferences, nor the bearers, unless it be by some other testimony, or
" proof made manifest, which cannot be counterfeited so well in the other difler-
" ences, except the assumer should be thoroughly acquainted with the descent of
" him whose line he seeks to intrude himself into." We have reason to complain
of the like practice with us, and of oar goldsmiths, engravers, painters, masons
and carpenters, who are very ready, though altogether ignorant of this science, to
give to those who employ them in any piece of v:ovk, coats of arms, with some of
the foresaid differences ; not only to those who have right to carry arms, but even
to some who ought not to be honoured with armorial bearings, although they be
of some ancient surname. To which irregular and unwarrantable practice, I v/is!:
the Lyon King at x\rms would put a stop, by putting the acts of Parliament in
execution against such persons, by which the arms of our old gentry will be better
known and more easily distinguished from new upstarts. I conclude with what
Sir Henry Spehnan, a learned herald, has wrote of these differences, " Rideo
" igitur, &- rejicio minutas istas iconculas, quibus nee error defuit nee periculum,"
I. e. I therefore smile and despise these petty ditferences, in which there is both
error and danger.

It is, and has been an ancient custom with us and other nations, (since that a
few certain differences could not be sufficient to distinguish the numerous issues of
many families, and suit with their various bearings) that all persons who had right
to carry arms, might add any figures for differences, which they affected, being
agreeable with their paternal bearings, by the allowance of the Lyon King at
Arms. So that not only the honourable ordinaries, and sub-ordinaries, which we
call proper figures in heraldry, but even all other figures, and representations of
things natural and artificial, are made use of for marks of cadency; which some-
times not only serve to distinguish cadets from principal famihes, but also to ex-
press some honourable action, aUiance, or descent, from other honourable houses,
which have occasioned many composed and quartered coats. Of the last in the
following chapter.

These additional figures are either proper or natural. The proper figures are
these which have their names and being from the Science of Heraldry, as the
honourable ordinaries, and sub-ordinaries, viz. pale, /esse, bar, chief, bend-dexter,
bend-sinister, cross, saltier, and cbeveron; which I have fully described in all their
varieties, and illustrated them by examples in the First Part of this System.. As also
the sub-ordinaries, the bordure, orle, essonier and tressure, inescutcheon, franc-quar-
tier, canton, cheque, billets and billet, pairle, point, girons, piles, Jiasque, flanque and
voider, lozenge, riistre, mascles, fujils, fret and fretty, besants, torteauxes, vires, an-
nulets, gutte, papelonne and diapre; of which I have treated in the First Part. As
also of the natural figures, which are the representation of all things animate or
inanimate, and are called natural, because they keep their own proper names in
this science, but have additional terms from their positions, dispositions, and situa-
tions.

All these figures, whether proper or natural, are sometimes carried as principal,
and sometimes as additional. By principal figures we understand those heredi-
tary fixed marks carried by the chiefs of families, (which serve to distinguish chief
families from one another) and are transmitted to all the descendants. By addi-
tional figures, we understand these, whether proper or natural, which cadets add as
marks of cadency, and differences to the principal, hereditary, fixed figures of the
family; that they may be distinguished from the chief, and from one another.

Vol. II. E

1 S OF ADDITIONAL FIGURES, Wc.

which are called differentia extraneorum. The differences of these that are ex-
traneous, such as younger sons, brothers, and other descendants, extra familiam pa~
tris, and so erect new distinct famihes, add to their paternal figures one or other of
the proper and natural figures above mentioned, which I have given before in all
their varieties, both as principal and additional figures.

These figures have been assumed by cadets, which they added to their paternal
bearing, to perpetuate the memory of some noble action, lucky event, honourable
employment, or office; or to show their gratitude and acknowledgment of benefits
received from some honourable friend or superior; or else to express their aUiance
with other familie';.

We have instances of differences assumed by cadets upon such accounts and
occasions, of which I shall add a few examples. This we have intimated to us by
the additional figure in the armorial bearing of Graham of Inchbraikie, descended
of an eldest son of a second marriage of the first Earl of Montrose, w ho gives or,
a dike or wall fesse-ways azure, broken down in several parts, and in base a
rose ^ules, on a chief sable three escalops of the first. The dike here is assumed
to difference the bearer from his chief, and to perpetuate that action of Gramus,
(one of the predecessors of the noble family of Graham) in pulling down the
wall built by one of tlie Roman emperors, which was thereafter called Graham's
Dike.

Seaton of Barns, a second son of George Lord Seaton, added to his paternal
figures, the three crescents, a sword erect in pale supporting an imperial crown,
for his difference, to perpetuate the special and seasonable services performed by
one of his progenitors. Sir Christopher Seaton of that Ilk, to King Robert the
Bruce ; who gave these figures with the lands of Barns to Sir Alexander Seaton,
son of Sir Christopher, for his and his father's good services ; as Sir George Mac-
kenzie in his Science of Heraldry, and of which before, more fully, in the First
Part of this System.

We have several instances of honourable employments and offices represented
by additional differencing figures, as in the bearings of some of the surname of
Wood, the paternal coat being azure, an oak tree, proper, growing out of a mount:
Wood of Balbigno, as descended of the principal family, added, for difference,
two keys tied with strings to a branch of the tree, to show his office as Thane of
Fettercairn. And Wood of Largo placed his tree betwixt two ships under sail,
to difference himself from other families of the name, as being admiral to King
James III. and IV.

Forbes of Waterton, descended of Tolquhon, carries over Tolquhon's quartered
coat, an escutcheon argent, charged with a sword, a key in saltier gules, as the
badge of his office, being Constable of Aberdeen.

These who were advanced by kings, princes, or other great lords, did many time
bear their whole coats, or some part of the arms of those who advanced them, and
joined them with their own paternal bearing ; which served very aptly, not only
to difference them from the principal families whereof they were cadets, but also
to show their gratitude and acknowledgment of benefits received from some ho-
nourable friend or superior; and by reason thereof they are united together in a
kind of friendship, and is a great strengthening to both Houses. I shall add here
what Camden says in his Remains of Britain, page iiS. " Gentlemen began to
" bear arms by borrowing from their lords' arms, of whom they held in fee, or to
" whom they were most devoted ; so, whereas the Earl of Chester bare garbs, or
" v,'heat sheaves, many gentlemen of that country took wheat sheaves. Whereas
" the old Earls of Warwick bare cheque, or and azure, a cheveron ermine, many
'' thereabout took ermine and cheque. In Leicester, and the country confining,
■' divers bear cinquefoils, for that the ancient Earls of Leicester bare gules, a
" cinquefoil ermine. In Cumberland, and thereabout, where the old Baron of
" Kendal bare argent, two bars gules, and a lion passant or, in a canton of the
" second, many gentlemen thereabout took the same in different colours and
" charges in the canton." And as Sir George Mackenzie observes, in his Science
of Heraldry, page 5. That most of the surnames in Annandale carry the Bruges'
arms, being a saltier, and chief gules, which the Bruces had from the old lords
of Annan when they married with the heiress of Annandale. The Johnstons

OF ADDITIONAL FIGURES, 5^.. u,

carry tlie same figures. The Right Honourable William ?.Iarquis of Annakdale
carries argent, a iAlncx sable on a c\-i\ti gules, three cushions or. The Kirk.patr.icics.
carry the same figures with the Johnstons, but ditier only in tincture. Sir Thomas
K1RK.PATRICK. of Cioseburn gives argent, a saltier and chief azure, the last charged
with three cushions or. Jardine of Applegirth, argent, a saltier and chief gules,
charged with three mullets of the first; so that the saltier and chief are armoria.1
figures taken from the Annans, the old Earls of Annandale.

In the shire of Murray, many families carry stars, the figures of the name of
Murray. As Lnn£s of that Ilk, argent, three stars of six points waved azure.
And many families in Douglasdale, Teviotdale, and other countries which the
Douglases possessed in property or superiority carry stars. In the shires where
the Stewarts, of old, had interest, many gentlemen who have been old possessors
there, carry fesses chequered, the figure of the Stewarts, or other figures cliequer-
ed, as cheveroiis and bends.

With us it IS a frequent practice for younger brothers to add to their paternal
bearings some part of their mothers' arras, to diflference themselv.es, and show their
alliance with other famiHes. And these coats are all called composed arms, because
there are two coats joined in one shield, without distinction of quarters. This v/ay
of difference is much approven of by Dugdale, in his Ajicient Use of Arms, who
recommends this way to his countrymen . " For" says he, " it not only serveth
" to unite the families who have matched together in love and amity, and thereby
" workedi the like etiect, but, beside, it showcth the certainty of the descending
" of the said younger brothers out of both the houses, and giveth knowledge of
" the time thereof." It is true, this way may show the time of the descent, but
cannot show the seniority of many younger brothers, without the assistance of the
minute differences.

The Right Honourable the Lord Balmerino is known by his difference to be
descended of a younger son of Robert Lord Elphinstone and his lady, Sarah Mon-
teith, daughter to Sir John Monteith of Kerse, because he charges his cheveron
with buckles, which was a part of his mother's bearing. His lordship's bearing-
is argjent, oa a cheveron sable, betwixt three boars' heads gules, as many buckles
or.

Arbuthnot of Fiddes, descended of a younger son of Arbuthnot of that Ilk,
and his lady, Margaret Fraser, carries the arms of the Viscount of Ai-buthnot,
viz. azure, a crescent betwixt three stars argent, within an orle of frases of the
last. Arbuthnot of Catherlan, descended of a third son, procreate betwixt Sir
Robert Arbuthnot of that Ilk, and Dame Margaret Fraser, daughter to the Lord
Lovat, carries Arbuthnot within a bordure argent, charged with eight frases, or
cinquefoils, azure.

NicoL Sutherl.\nd of Torboll, thereafter of Duffus, a second son of Kenneth
Earl of Sutherland, that was killed at the battle of Halidon-hill, rtw;o i :533, and
his lady, a daughter of Donald Earl of Marr, married Cheyne, heiress of Duffus,
with whom he got the barony of Duffus. His lady's bearing was gules, three cross
croslets fitched or. He added them to his paternal coat, viz. gules, three stars or.
Thereafter this family matched with another heiress of the name of Chisholm,
who carried azure, three boars' heads erased or. With these figures they com-
pose the coat as now borne by the present Lord Duffus, viz. gules, a boar's head
erased, betwixt three stars, 2 and i, and as many cross croslets, i and 2, or.

Mr George Keith of Arthurhouse, sometime Depute of the Sheriffdom of Kin-
cardine, descended of the Earl Marischal, gives a composed coat thus, argent, a
saltier and chief gules, for Bruce, the last charged with three pallets or, for Keith,
all within a bordure gobonated azure, and of the first.

Thus I have treated of the ancient and modern marks of cadency, as fully as
any hitherto, and of other additional differencing figures, taken to perpetuate some
honourable action, event, employment, and alliances with other families: Which
additional figures being joined with the principal figures of the chief families in
one shield, encumbered them, and made a confused order in their description, not
suitable to the regular disposition and situation of figures, according to the rules of
blazon, which gave occasion to separate and marshal them into distinct quarters.

20 OF ADDITIONAL nCURES, ^c.

by the principal partition lines. And this is the eight way proposed to difterencc
descendants trom the principal house, and one from another.

There are ten or twelve principal causes which have given ground for multi-
plying of coats of arms, and rightly marshalling them into distinct quarters in one
shield : On which I am not to insist here, but in the following chapter. I shall
mention here one of the principal causes of quartering coats, which is the necessity
that younger brothers or sons lie under to distinguish themselves from the princi-
pal houses they are descended of.

By my proposed order 1 begin with the partition line called parted per pale,
the French only parti. The husband ordinarily impales his own coat on the dex-
ter with that of his wife's on the sinister, which the English call baron zndfemme.
If the husband be a younger brother, he ought to curry his brotherly difference,
notwithstanding he impales with his wife. If the wife be a younger sister,
she needs no dilference, but may carry her father's coat as he did : For all nations
agree that sisters should carry no marks of difference, though they have brothers^
and when they have no brothers,- and be heirs-portioners : yea, although the
estates, dominion, and dignity come to the eldest sister. For which I shall here
add the opinion of several lawyers, given us by John Baptista Chnstyn, Chancellor
of Brabant, in his Jurispriidentia Heroica, Art. 5. paragraph in. " An etiam filije
" &• sorores insignia paterna rumpere debeant, ad hoc, ut a fratribus distinguantur,
" & certum est quod non, cum vere sunt familiae suk finis, &. nubendo transeant
" in aliam familiam :" For which he cites several authors, and adds, " Licet feu-
" dum &- dominium prEEcipuum ad majorem duntaxat pertineat," they may all of
them carry their father's arms entire; and if he be a second son, or any other
descendant, having his arms with a mark of cadency, they must continue the same
bruised' aiTns; as our author, " Si earum pater anna sua ruperit, veluti secundo
" genitus, tunc etiam filise eandem rupturam patris agnoscent, & in insignibus
" propriis retinebunt."

The reason which Guillim in his Display gives, that sisters should carry no
marks of differences, that when married they lose their surname, and receive that
of their husbands. But that is no reason at all ; for I have shown by learned
authorities, and regular practices, that, in some cases, they may use their father's,
arms ; and of which more particularly in the following chapters. Nor does this
reason of his prove that daughters, before their marriage, should not bear their
paternal coat with differences; seeing, till then, they lose not their own surname.
But the learned Sir George Mackenzie gives a better reason for this rule, " That
" albeit among sons the eldest exclude all the younger from the succession, and
" therefore differences are given for clearing the right of succession amongst
" brothers and their descendants ; yet sisters succeed equally, and are heirs-por-
" tioners; and so there is no use of differences amongst them, seeing seniority in-
•* fers no privilege."

Churchmen, who are obliged to impale their paternal coat with that of their
ofSce, place their coat of office in the dexter, parti, with their paternal on the
sinister; which is not to be bruised with any mark of cadency, although descend-
ed of a cadet, because anciently they were not supposed to have succession. But
since the Reformation the practice is otherwise, not only with us, but in other
protestant countries. The ecclesiastics are obliged to carry the coat of their fa-
milies with suitable marks of differences, whether they impale or not impale with
a coat of office: because they may have lawful issue to transmit their arms ta
their descendants, that they may be distinguished from the chief house, and other
collaterals.

As to the eight way proposed of differencing, by quartering of two coats in one
shield, it is done by dividing the shield into four parts, by a parti and coupe hne,
placing the one coat in the first and fourth area, or quarter, and the other in the
second or third area or quarter. It is questioned by some, whether it be a sufficient
difference. These who will not have it one, argue, that the paternal coat is not
bruised, and twice repeated, as entire as that of the eldest brother : Besides, the
heads of principal families quarter and marshal other coats with their own, so that
a second brother cannot be distinguished from the eldest. It is true they do so
v\pon several other accounts, as to show their dignified feus, &.c. of which after-

OF ADDITIONAL FIGURES, l^c. 21

wards ; yet by the practice of all nations younger brothers difference themselves
from their elder brother, by quartering with their paternal arms those of others,
such as their mother's, without diminution or addition to the arms of their fiuher,
but must still continue their father's brisure, if he be a cadet of a principal family.
Of this opinion is the above-mentioned author, whose words I here subjoin, being
an answer to the above question : " Abunde satisfit dum primogenitus plana portat
" avita insignia, alter vero iUorum maternis cumulata in distinctionis notam:"
And afterwards, " Et ita mores passim observant, ut ilia scuti quadripartitio, se-
" cundo genito videatur esse peculiaris:" And gives for examples, " Sic Rymmer-
" swallii insignia cum Gauriis, a secundo genito cumulata vidimus: Sic Mont-
" morenciaca cum Egmondanis & Bossuviis: Sic Henninia cum Burgundicis, &
" plura alia quorum enumeratio ta;dium pariat."

The same is practised with us; for a younger son or brother, by way of quar-
tering another coat with his paternal, is looked upon as a sufficient and regidar
brisure, in the best of our families, and especially by second sons; which way
seems to be peculiar to them, not only by quartering the arms of their mothers,
but other arms, upon account of honourable actions, offices, titles, alliances, Stc.
Of which practice, many examples might be given, but I shall here only add a
few.

Sir George Mackenzie says, in his Science of Heraldry, chap. 21. " These ca-
" dets, who have their arms quartered with other arms, need no difference, (sup-
" posing them to be immediate sons of principal families, as I imderstand) for the
" quartering or impaling is a sufficient difference; and therefore it was unne-
" cessary for the Earl of Kelly to have borne a crescent for a mark of difference,
" as second son of the Earl of Marr, seeing he bears, quarterly, with the arms of
" Erskine, first and fourth an imperial crown within a double tressure or: bestow -
" ed upon him for his assistance given to King James, in Cowrie's Conspiracy."

The Right Honourable the Earl of Northesk, whose predecessor was a second
brother to David Carnegie Earl of Southesk, was first created Earl of Ethie, who
then carried, or, an eagle displayed azure, within a bordure gules, for his differ-
ence : But thereafter changing the title of Ethie for Northesli, quartered the pa-
ternal coat of Carnegie (witlxout the bordure) with argent, a pale gules, for
Northesk.

The Right Honourable the Viscount of Stormont, quarters the principal coat
of Murray, as descended of TuUibardin, with the arms of Barclay, for his differ-
ence, without any other brisure.

Hume of Wedderburn, descended of a second son of Sir Thomas Home of that
Ilk, one of the progenitors of the Earls of Home, and his lady, Nicolas Pepdic.
heiress of Dunglass, has been in use, since the reign of King James I. to carry the
principal bearijig of the family of Home, viz. quarterly, first vert, a lion rampant
argent, armed and langued gules, for Home; second argent, three papingoes vert,
beaked and membred ^tf/c".r, for Pepdie of Dunglass; third argent, a saltier ingrail-
ed azure, for Sinclair of Polwarth, added for his difference from the Earl of Home,
and the fourth quarter as the first.

Hume Earl of Marchmont, descended from a second son of Wedderburn, car-
ries as Wedderburn; but, for his difference, adds another quarter, the arms of Pol-
warth, being argent, three piles ingrailed gules.

Hepburn of Humbie, descended from a second son of Hepburn of Waughton,
carries the principal coat of Hepburn, viz. gules, on a cheveron argent, a rose be-
twixt two lions rampant of the first ; and, for his difference, quarters them with
argent, three laurel leaves vert, for marrying with a daughter of Foulis of Coi-
lington.

Ker of Littledean, descended of a second brother of Cessford, quarterly, first
and fourth vert, on a cheveron argent, three sttLXS gules; and in base, an unicorn's
head erased of the second, for Ker; second and third azure, three crosses moline
argent, for Ainslie, which differences him from others of the name of Ker.

I shall not trouble my reader with more examples of this kind : But it is to be
still observed, that a second brother, though he differences himself by quartering
another coat with his paternal, yet he must always continue his father's brisure, he
being a younger son of a principal family : For, how shall we otherwise distinguish

Vol. II. E

aa OF ADDITIONAL FIGURES, 'dSc .

principal families from those descended of them, if the cadets do not continue that
mark of the families from whom they are descended ? For, if cadets should be
allowed to lay aside their father's or grandfather's brisures, in their paternal bear-
ings, when they quarter them with the coats of other families, by the same allow-
ance, they will leave out the marks of cadency of these coats with whom they
quarter, and then we shall not know the particular families they are descended
from, nor with what family they are allied. If a Douglas should quarter with
another family of the name of Douglas, and Stewart with a Stewart, the differ-
ences of these families being laid aside, we shall not know what Douglases or
Stewarts they are come from. Our ancient practice was not so, but of late
practised by some. The clearest way then to make known the descents of fa-
milies by arms, is for them to retain the congruent differences of their progenitors,
although they quarter with the coats of other families as their own particular
difference.

Th.- ninth way of differencing, as proposed, is by transposition of the quarters,
by making the first, second, and third, first, and by adding different crests ; which
practice is not frequently used but in Germany, as Menestrier observes, page 389,
That several branches of great families distinguish themselves only by different
crests, without inserting any addition in the arms themselves, where there will
be many crests timbering one shield : of which more particularly in the chapter of
Crests.

The above differences I have been treating of, they make use of sometimes, but
not so frequently and regularly as the Britons, French, Spaniards, Flandrians, and
other nations; for with the Germans, all the younger brothers do succeed equally
to the titles of dignity and honour of the families from which they are descended,
which is not ordinary in other nations ; besides their differencing by crests, of
which they have many and various on their shields. The autlior of Jurisprudentia
Heroica, Art. 2. speaking of the Germans, says, That it is necessary for brothers to
distinguish themselves from one another, which they sometimes do, by different
crests; his words are, " Etiam inter fratres armorum distinctio necessaria est: In-
•' terdum arma solo cimerio discrepant;" and instances the families descended
from the House of Burgundy, who carry all one arms, but difference by crests;
some have flower-de-luces, others owls, and some trees. They do also difference
themselves oi-dinarily by addition or diminution of quarters, of which they use
many in one shield.

The Electoral Dukes of Saxony have twenty-one quarters in one shield, which
they timber with eight helmets, and as many crests. The other branches of that
family not only distinguish themselves by different crests, and disuse the Electoral
ensign, but add or diminish the number of their quarters for difference; as Jacob
Imhoff, in Notitia, S. Rom. Germanici Imperii Genealogica, lib. 2. cap. 7. " Caete-
" rum Sasoniae ducum, quorum hoc capite mentio facta est, clypei in eo tantum,
" ab illo quem modo deumbravimus, differunt, quod Electorali symbolo carent,
" aliudque ferunt." The above-mentioned author of "jurisprudentia tells us, Art. 5.
paragraph 15. " In Germania omnes eadem cum pnmogenito insignia portant,
" nisi quo tres principes Electores Saeculares, ad differentiam illorum, qui cum illis
" ejusdem gentis &- originis sunt, ea qua imperatori in ordine processionis prae-
" ferunt insignia, clypeis electoralibus insculpta habeant." It is to be observed,
that the badges which the Secular Electors use in each of their arms, are marks of
their offices, and not there placed for differences.

The Elector Palatine gives for his achievement three shields Ue%, i. e. tied
together; the first sable, a lion rampant or, for the Palatine; second, lozenge,
argent and azure, for Bavaria; the third shield betwixt these two is only gules,
for the electoral office. The families branched from the Elector Palatine's carry
the same arms marshalled with more coats, but never use the electoral ensign,
that being forbid them. The Palatine of Rangrave carries, quarterly, first and
fourth iht: lion of Palatine; second and third the lozenges, for Bavaria; and, for
■ difference, adds the arms of Degenfield by way of surtout. The Counts Palatine
of the Neuburg line, add more quarters, viz. coupe one, parti three, which make
eight quarters, and the arms of Palatine in surtout makes the ninth quarter. The
Spanheiman line carries, quarterly, first and fourth Palatine, second Bavaria; third.

OF ADDITIONAL FIGURES, i^c: 2^

dieque, argent and gules, for Spanheim: But the Bipontin branch, which is next
to the Count Palatine Neuburg, carries the same nine quarters of Palatine Neu-
burg; but, for ditrerence, otherwise disposes or transposes the quarters thus, coupe
in chief. Palatine and Bavaria quarterly, and in surtout Valencia, which are three
coats; and in base, coupe one, parti two, which make six quarters, and so nine of
the whole. Which differencing way by transposition of the quarters is very singu-
lar with the Germans, as Imhoff takes notice: But with the French and English I
have met with no such practice allowed by our heralds. For, if transposing of
quarters be received for a way of differencing cadets, it would not only prejudge
principal faraihes, and frustrate the end and design of marks of cadency, wheieby
we may know the degrees of consanguinity, but likewise destroys heraldry, by
rendering all its witty contrivances useless: For the transposition of four or six
quarters may be so many ways, that we shall never know the principal stem, whereot
they are come, nor primogeniture amongst themselves, nor degrees of consangui-
nity by their bearings. And likewise, the transposing arms which are marshalled
in one shield is dangerous; for thereby the arms, which in one bearing have pre-
cedency, lose it in another; so that we cannot know the precedency due to arms,
of which in the following chapter. And I shall conclude this with a short ac-
count of the practice of differences in Italy, which the eminentest families most
religiously observe, as the author of Jurisprudentia Heroica, that they difference by
the lambel, bordure, batton, and quartering other coats with the paternal, as by
the examples he gives us, whose words follow: " Ab aliquibus illustribus in Italia
" familiis, mos ille ultra religiose fuerit observatus. Ipsa Neapolitani regni in-
" signia, tigillum coccineum praeferunt, ut & ipsi Sicilia; reges," i. e. azure, seme
of fiower-de-luces or, a lambel of five points gules, being the arms of their princes,
who were the younger sons of France. So Peter Medici carries the arms of
Medici, quartered with these of Toletani, to difference from his elder brother the
Duke of Etruria: " Sic Petrus Mediceus insignia quadripartita ex Mediceis &
" Toletanis armis gessit, in discrimen fratris natu majoris, magnae Etrurias Ducis.
" Peirus Antoninus Sanctevernus, Sancti Marci Dux, limbum gestavit cyaneum,"
i. e. a bordure azure round the principal bearing of the family, being argent, a
fesse gules. " Tiberius Caraffa familia; suae insignia plana & Integra gessit, ejus
" frater Fabricius Roccellfe princeps, baculo ilia prasino & spinoso a fraternis
" discrevit, unde prosapia ilia nomen de la Spina attraxit," i. e. Fabricius Prince
of Rocceili distinguished his arms from the plain ones used by his elder brother
by adding a bend green bordered with thorns, so that his family is named Spinosa,
or de la Spina. Sylvester Petra Sancta the Italian, in his Tessera Gentilitice, cap. 67J
De guttatis tigiUis tesserarii, i. e. lambels; cap. 68. de clabula, i. e. batton; and
cap. G<^. de limbo, the bordure: Of all which he treats, and illustrates by examples
in all their varieties, in tinctures and forms of figures, of differences, or additional
figures, to difference descendants, to whom I refer the curious.

In the Dukedom of Milan it is somewhat odd that younger brothers use no
differences, but carry the entire arms with their elder brothers, as by a declaratioa
of the senate, 23d of May 1663, which is fully set down in Jurisprudentia Heroica.
And the same practice is in the country of Piedmont, where all brothers carry the
same arms with their elder, except they be counts; and then they place above
their arms a comital bonnet, or crown, which the younger brothers are discharged
to use on their arms.

So much then for the general practice in Europe, for differencing lawful younger
ons or brothers from principal families, and from one another.

But before I proceed to treat of marshalling, or quartering many coats of arms
in one shield, upon several accounts and occasions in the following chapters, I shall
end this with the marks used by the most polite nations, in distinguishing unlaw-
ful issue, or bastards, from the lawful.

OF ADDITIONAL FIGURES, isfc

MARKS OF BASTARDY,

Carried by such as are not born in lawful marriage; who are divided by law-
yers, in naturales, spurios, W ex dtimnatis comphxibus procreatos\ but by our style
all of those go now under the general name oi bastards.

With the most polite nations in Europe arms have been looked upon as sacred
signs of families, and could not descend but to the lawful issue; so that bastards,
as some say, cannot carry the name in arms of their supposed fathers, not being of
the family or kindred : Nam de jure patrem demonstrare neqveunt. Therefore, see-
mg the common law determines not who is their father, it were absurd that the
laws of heraldry should allow them to bear any man's arms as their paternal coat :
As Bartolus, " Non enira sunt de familia sive agnitione, &- hoc jure communi
" verum est." And the same is said by Hopingius, " De insignium prisco &-
" novo jure, cap. 7. Cum haec scilicet arma sunt prsecipuum agnitionis &- fa-
" mili^e indicium." And it was also a received rule amongst heralds, that bastards
should not bear the paternal coat, nor name of their supposed fathers, and this was
strictly observed of old.

We do not find the natural sons of princes and great men to have carried the
name and arms of iheir fathers, of old, in Britain: A few instances 1 sliall here re-
peat. William Peverll, natural son of William the Conquerer, carried nothing
of his father's arms (1 mean these of Normandy) however so highly dignified;
neither did Robert, natural son of Henry I. of England, but other arms, viz. or,
three chevronels ^;//fj-; and the same was carried by his lawful son Williaj.i Earl
of Gloucester. William Long-espee, natural son of Henry II. begot on the fair
Rosamond, who was made Earl of Salisbury by King Richard I. anno 1196, car-
ried for his armorial figure a long sword, as relative to his name; and his son,
another William Long-espee, took the arms of his mother Ela, the daughter and
heir of William Fitzpatrick Earl of Salisbury, viz. a%ure, six lions argent, 3, 2 and
I, as Sandford in his Genealogical History. Where he also tells us, that Sir John
Clermont, natural son of Thomas Duke of Clarence, (who gave France quartered
with England, with a label ermine charged with cantons ^w/^-j-) carried parted per
cheveron, gules and azure, in chief two lions rampant gardant, and affronte or.
By which bearing it seems he was the first natural son, at least I observe, in
England, who began to carry arms resembling those of his father ; the lions being
little different from those of England. -His father, the duke, was a second son of
Henry IV.

The natural sons of our kings anciently had neither name nor arms of their fa-
thers, but such as were altogether different ; and these they obtained upon several
accounts. As, by marriage, Robert, natural son of King William the Lion,
having married the heiress of Lundie of that Ilk, he and his issue took upon them
the name and arms of that family, and which they continued to carry, till of late
they took the arms of Scotland within a bordure gobonated, argent and azure, as
the natural sons of our kings, who have been in use to take such bordures^ since
the reign of King James II. of Scotland: But what other marks of illegitimation
they had before, 1 cannot learn. How soon the bastards of our nobility and gentry
were allowed to carry the arms of their supposed fathers I cannot be positive; but,
of old, in France, Spain, Italy, and Flanders, bustards were allowed to carry their
alleged fathers' arms with some singular mark, invented to distinguish them and
their issue from the lawful children and their descendants. I shall here add an
article relating to bastards, from the edict or law of the Archduke Albert, and
Isabel, concerning the ensigns of the nobility of the Belgians, proclaimed the 14th
of December 161 6, as in Prudentia Heroica.

" To repress the abuses which have fallen out with respect to bastards, and their
" descendants, v/ho have presumed to can-y the surname of the lawful family, as
" also the arms of the same, without placing therein any mark of bastardy; so
" that in process of time, the descendants of some natural or unlawful sons, come
" often to put themselves in rank with the lawful, and pretend to their successions,
" rights and prerogatives, on account, that neither by the name, nor by the arms,
" there can be known any difference or distinction, betwixt the lawfid children

OF ADDITIONAL FIGURES, ^c. 25

" and the descendants of bastards: We will, and expressly command, that to the
" arms of bastards and unlawful children, (unless they be legituuaLe by letters
" from us or our predecessors) and their descendants, shall be adJed a ditlerence,
" and notable special mark, to wit, to the arms of the said bastardi or unlawful
" children, a bar, and to that of their descendants, a remarkable note from these
" used by the younger descendants of lawful children, under the pain," Cxc.

The bar above mentioned, called by us the bastard bar, is well known througli
all Europe as a mark of illegitmiation. It is a traverse, which comes from the
upper left corner of the shield, passing to the right corner in the lowest part ; it
surmounts, or comes over the essential or principal figures, and is called by the
Germans barra, and with them it is somewhat broad, near almost as the bend-
sinister. If it be narrow, it is called by the Latin writers Jilum, a hne or thread :
" Filum vero in eo tantum differt a barra, quod sit linea quarta parte ea an-
" gustior." But with us and the English, the bastard bar, or batton, is the fourth
part of the bend-sinister, as GuiUim and other English writers describe it, and now
carried coupe; that is, cut short, and does not touch the extremities of the shield,
called by the English, batton-sinister couped, and by the French, baton peri, be-
ing very small and short with them. It is said by some to represent a cudgel; and
is given to bastards, to show that they were not freemen, but liable, as slaves of
old were, and servants yet are, to be beat and cudgelled. This mark of lUegiti-
mation is so well known, and generally practised by all nations, that 1 need not
add examples here of domestic and foreign bearings. But to proceed to other
marks of illegitimation in certain countries.

In Brabant, Flanders, and some other dominions in Germany, the bastard (if he
has not the bar) is obliged to carry his father's arms in a canton dexter or sinister,
and all the other part of the shield is blank. As the author of yurispriidentia He
roica, " Illegitimorum indicium, si quis in ea parte scuti, quam heraldi canton
" vocant, paternum gestet insigne, rehqua scuti parte vacua rehcta;" of which
practice he gives us several examples, as a remarkable note of illegitimation : But
I have not met Vtith such a practice in Britain.

Some write, that when the helmet and crest, which timbers the shield of arms,
are turned looking to the left, it is a sign of bastardy. But this does not hold by
a general practice ; for when achievements of arms are hung up in churches at
the sides of the altar, the helmet and crest look to the altar ; so that some look to
the right, and some to the left. And the same custom is used where the sove-
reign's arms are, as our above-mentioned author, whose words are, " Hoc vero non
" ita obtinet in Bslgio, infinitis ubique exemplis posset verificari, £t in omnibus
" templis ubi capitula seu commitia aurei velleris celebrata fuerunt, videntur
" galeas equitum ab una parte versus levam ab alia versus dextram versa, sic ut
" omnes aram sacram aspiciunt." And it does not hold in Germany, where they
have many helmets and crests upon one shield ; these on the right and left look
to one placed affrrmte in the middle betwixt them.

The bordure gobonated, or compone, is now a mark of bastardy in Britain, by our
late practices, which I have already spoken to in this chapter. These then, being
the ordinary marks of illegitimation which I have met with us, to distinguish un-
lawful children from the lawful ones.

When there are many bastards in one family, they are obliged to carry these
marks, and to difterence themselvtfS from one another, having them of difl'erent
tinctures, as the five natural sons of King Charles 11. James Duke of Monmouth
had over the arms of Great Britain a batton-sinister or. Henry Fitzrov Duke of
Grafton carried the same, with his batton-sinister compone, azure and argent.
Charles Fitzroy his batton was all ermine. George Fitzroy Duke of Northum-
berland, his batton-sinister was compone, a'zure and ermine. And George Beau-
clerk Duke of St Albans had his batton-sinister gjdes. All which were placed
over the arms of Great Britain.

What were the marks that were added to the arms of the bastard and his lawful
descendants, the batton being dispensed with, is difficult to give a satisfactory ac-
count. By the edict above mentioned, where the lawful descendants of a bastard
were to have remarkable notes, different from these used by the descendants of
lawful progenitors, it could not be by quartering their arms with their maternal,

Vol. XL G

z6 OF ADDITIONAL FIGURES, iJc.

which is a fit difference for the descendants of lawful children, except the bastard
bar was placed on the paternal arms: But the bar and bordure gobonated being dis-
pensed with, what could these other marks be?

John Baptista Christyn, author of Jurisprudentia Heroica, gives us from Scohier
five sorts of differences (besides the batton for difference) used by bastards, and
their lawful descendants. I. La pr/inte de I'ecu coupee de metal mi coiileur, i. e. the
point of the shield coupe of metal or colour.

II. Le chif de I'ecu coupe Si d' autre metal on couleur que les armes, i. e. the chief
of the shield coupe, and of other metal or colour than the arms.

III. La poiitte de Vecu trianglie de metal on de couleur, i. e. the point of the shield
triartgled of metal or colour.

IV. Le cheftaille IS tranche, on autrement se blasonne escloppe a dextre et sinistre,
ou de run seul, i. e. the chief taille and tranche, or otherwise blazoned, slopping to
the right or left, or of one alone, of a tranche or taiUe line.

V. Uassiete des armes sur Vecu en forme de chevron, i. e. the situation of the
arms, or the shield, in form of a cheveron.

The reason which is given by lav^yers, especially by Tiraquel, de Jure prin.
Quest. 12. ver. 13. is, that it is necessary to give to the lawful children of bastards
different marks, to distinguish them from children of lawful descent: For the first
mentioned not being of the house and family, nor existing as successors to the
grandfather, there can be no lawful consequence from an unlawful beginning of
birth, and corrupt root, with those of lavv'ful descent. What these different marks
are, I cannot learn, nor of such a practice in Britain, or anywhere ; but that the
lawful issue of bastards, keeping their fathers' or grandfathers' marks of illegi-
timation, distinguish themselves to show the seniority of their births by the same
marks of cadency (of which I have been speaking) used by those of lawful
descent.

But to return to the above marks of illegitimation given by Scohier, which I
shall explain a little, though their practice is hardly to be met with in Britain.
And as to the first of them, that is, when the under part of the shield is blank,
and separate by a coupe line from the arms above. And as to the second, when
the upper part of the shield is blank, and the arms below. Of the first, our cele-
brated author of Prudentia Heroica, gives, for instance of such practice, the arms of
Charles, a natural son of the Duke of Burgundy; his words are, Scuto iiempe in-
tegro, infernis fracto; and tells us, that this way of differencing is yet in use in
Brabant, and there strictly observed, not only by bastards, but also by their law-
ful issue: And further tells us, that a bastard of a bastard must have as many
marks of illegitimation as there are illegitimate generations descending in a right
line : For which he gives us the seal of arms of Anthony Baron of Wacken, na-
tural son of Anthony Lord Roche, of the House of Burgundy, called for his valour
Le Grand Bastard. The first mentioned Anthony carried the arms of Burgundy,
coupe en chef, and en pointe, that is, the upper part of the shield and the lower
part was blank, and the arms of Burgundy were placed fesse-ways; so there were
two marks of illegitimation in chief and base, as our author says. Sic duobus ille-
gitimis discerniculis notatum, sive bis ruptum.

The bastards of the House of Burgundy differenced themselves variously, as the
four bastards of Duke Philip the Good ; the first, Anthony Lord of Roche carried
the arms of Burgundy with a traverse line, or bar-sinister. The second carried
the arms of Burgundy in bend, (as our author) ilia in bahheo, vulgo en bend.
The third the same, in fascia, vulgo en face, that is, in fesse, or fesse-ways. The
fourth bastard had the same arms of Burgundy, in cheveron, or cheveron-ways ;
and all the other parts of the shield being of gold, were void of other figures; as
our author says, Scuti partibus aureis iS vacuis vulgo escloppe relictis: And their seals
of arms are also given us by Olivarus Uredus de Sigillis Comitum Flandriie; where
it is also to be observed, that the lawful descendants of those bastards carried the
arms of Burgundy quartered with those of their mothers, or with these of their
dominions and territories; and some of them had sinister, and some dexter traverse
lines over the quarters of Burgundy.

These ways of distinguishing natural sons from lawful ones I cannot say I have
met with in Britain, except that one used by Henry Beaufort Earl of Somerset,

OF ADDITIONAL FIGURES, b'f. 27

and Lord Herbert, lawful son of Charles Earl of Worcester, and Lord Herbert,
who was a natural son of Henry Beaufort Duke of Somerset: which Charles car-
ried the arms of his father Duke Henry, being, quarterly, France and England,
within a bordure gobonated, argent and azure, and bruised them beside w ith a
batton-sinister fl^jTc.;;?^ as a mark of illegitimation : But his lavvfid son, the 'above
mentioned Earl Henry, laid aside the batton-sinister, used by his father, and car-
ried the arms of Beaufort, with a new diilerence, (one of them, as I observe, above-
mentioned) coupe en chef, and en pointe, i. e. the arms in fesse, or fesse-ways: And
his son and successor, \Villiam Earl of Worcester, Lord Herbert, carried as his
father, which were so placed on his stall at Windsor, being a Knight of the Gar-
ter, as Sandford tells us in his Genealogical History of England. He was succeed-
ed by his son Edward Somerset Earl of Worcester, Lord Herbert, who was the
first of the line of Somerset that left that way of placing the arms of Beaufort in
fesse, or fesse-ways, and filled the whole shield with the arms of Beaufort, viz.
France and England, quarterly, within a bordure gobonated, argent ^nd azure ;
and ever since are so continued by the family.

It is without controversy that there were laws made and observed through all
Europe relative to nobility, and even concerning the discernicula, the brisures of
lawful children, and the marks and distinctions given to bastards. John le Fevre
Sti Rcniige Dynasta, Chief King of Arms to the Duke of Burgundy, in the year
1463, in a manuscript of his in French, givv.n us by the author oi Jurispritdentia
Heroica, has some general rules relating to the distinction of bastards from lawful
children, which I here add.

None ought to carry the arms, nor the sign of another, to the prejudice of others
to whom they belong.

None can sell nor alienate the arms of his family or lineage.

A bastard may carry the arms of his father with a traverse, i. e. a batton-sinister;
and take his surname from the lordship from whence his father titles himself,
and not the surname of his father, unless he had such title and surname as the
said arms signify.

The bastard cannot lay aside the traverse without liberty and licence from the
chief of the name and arms, and from these of the family carrying the same arms,
unless it be that he place them in a faux ecu, i. e. false shield ; which we take for
a cartouch, of which 1 have treated, and given its figure in the First Part of this
System.

The sons of a bastard born and procreate in lawful marriage, if their mother is a
gentlewoman, may carry the arms of their father and mother quarterly, always
having the traverse in the quarter of the father's arms ; or, if otherwise they would
carry them without the traverse, they must place them in a/a//x ecu.

If a woman be a bastard, or the daughter of one, she may carry her father's
arms, Vi'ith the traverse. I shall here give an instance of this rule from Sandford's
Genealogical History of England : Antigone, natural daughter of Humphrey
Duke of Gloucester, fourth son of King Henry IV. whose arms were France and
England, quarterly, within a bordure componi, argent and sable. Flis natural
daughter, Antigone, carried the same as her father, bruised with a batton-sinister
a%ure.

Some are of opinion, that a bastard woman marrying a gentleman, is by his
quality legitimate, as Guil . Benedict. " Si fcemina bastarda nupserit viro legitimo,
" propter qualitatem mariti, etEcitur legitima, quia capacitas viri ad uxorem por-
" rigitur." And the same says Scohier, that a female bastard married to a gen-
tleman lawfully begotten, the children of such marriage shall not receive any
dishonourable spot, because that by the quality of the husband she is freed, in so
far as the capacity of the husband is contributed to his bastard wife.

Churchmen of the highest orders, if bastards, are obliged by the law of armories
to have on their fathers' arms a mark of illegitimation, though they be impaled or
quartered with the arms of their ecclesiastical dignities, and even legitimate by the
Pope: Of which practice the author of Jur'uprudentia Heroica gives us these two
examples: John, natural son of John Intrepidus Duke of Burgundy, carried the
arms of his father, with the batton-sinister, though quartered with those of the
Episcopal See of Cameracensi; and the same was done by Anthonie, a bastard of

28 OF ADDITIONAL FIGURES, ^c?c.

Burgundy, though he was legitimate by the Pope, whose legitimation qualifies the
person for holy orders, yet in temporals he behoved to be legitimate by the prince,
whose subject he is; and, in the letters of legitimation, there must be orders ex-
pressly to remove the mark of bastardy, else it will continue in the arms, says our
author. And other lawyers tell us, as the learned Sir George Mackenz.ie, in his
Science of Heraldry, chap. 22. of Bastards, that legitimation by the prince does
not empower the person who is legitimated to bear his father's coat, except that
power were expressly contained in his legitimation; " Nisi legitimatio expresse
" ad delationem armorum facta fuerit," Hoppingius de Jure Insigninm, cap. 7.
Yet it is certain, that such as were once bastards, but are legitimated by subse-
quent marriage, may bear the father's arms without any such diminution; for
there is more reason and force in legitimation by subsequent marriage, because it is
natural, than in that by the prince, inferior to nature, and only fictitious, as,
Hoppingius de Jure Insigniiim, paragraph 4. " Major merito vis legitimationis
" fact:E per subsequens matrimonium, quam ei, qui per rescriptum principis inesse
" debet, cum ilia natura; hsec a lege natura satis inferiore, proveniat; ilia ex sub-
" secuto matrimonio sit vera & propria, \\xc ficta & impropria dicatur."

OF ABATEMENTS.

Since I am speaking of the diminution of arms, I shall only mention here some
figures, which English heralds and others call ahatements of honour, lest I seem
wilfully to omit any thing relating to heraldry : The figures of which abatements
of honour were to be added to the arms of those that are convicted of vice, and
acts of dishonour. As to those who boast in martial acts, to a coward, to him that
killeth his prisoner, to an adulterer, to a liar, and to a traitor.

The figures and names of these abatements I think are not worth the pains to
name, much less to engrave them; they may be seen in English books, and repre-
sented by Sir George Mackenzie in his Science of Heraldry, chap. 23. The French
know no such figures; and the learned Menestrier calls them English fancies; and
Sir George Mackenzie says. Who would bear such abatements.' and that he never
saw such borne by any : neither have I met with them anywhere.

It is true, by the custom of Scotland, reversing of the arms of traitors is prac-
tised ; for Sir George gives a distinct account in his time, that when any person,
is forfaulted by parliament, or Lords of Justiciary, the Lyon King at Arms, and his
brethren Lyon Heralds come into these judicatures in their coats, and other for-
malities, where the Lyon does publicly tear the arms of the person forfaulted :
And if he be a cadet of a family, the Lyon proclaims openly, at the tearing of
these arms, that it shall be without prejudice to the nobleman or chief whose arms
they are. After which he and his brethren go to the cross, and there hang up the
shield of arms reversed, turning the base or lowest point upwards. I know not
what the custom of England has been in this point. But, of late, there was no
such formality used in the pronouncing the sentence of forfaulture upon the no-
bility and gentry there. ^

The learned Sir George, in the above-mentioned chapter adds, that it is debated
among lawyers, whether the children of forfaulted traitors lose thus the arms of
their predecessors? The ordinary solution is, that if the father, who was forfeited,
was the first that got arms, these could not be transmitted to his issue: But
if his arms pertained formerly to his family, then his crimes do not debar his
posterity from using them: For crimes should only infer punishment against the
committer; for which our author cites several lawyers. But they advise them to-
erave restitution as the safer way. With us the children of forfeited parents, do*
use their predecessors' arms without being restored.

VolJl i'/alc ■-. J'm

CHAPTER II. Of CoTnpaf^ a^zd Marf/uiIIz

^f^Sf^m!^i^s>my^^'^'s^^m^mimm^^mmmm^

V

OF ADDITIONAL FIGURES, 5i<,-. 29

CHAP. II.

OF COMPOSING AND MARSHALLING OF ARMS.

HAVING given before the three ends and designs of armories, I am come
now to the fourth ; which is, to iUustrate persons, families and communities,
with marks of noble descent, and other additaments of honour, within or •without the
shield. Of those within, I am to treat in this, and of those without, in the follow-
ing chapters.

These w ithin the shield are added to the paternal figures, by way of composing,
or marshalling.

The first is done by adding marks of honour, or some part of the arms of ano-
ther family, to the paternal arms, without any distinction of quarters.

Marsh.''linj of arms is when ensigns of honour, or the entire arms of other fa-
milies, are joined with the paternal ones of the bearer, by partition lines, making
distinct areas or quadras in one shield.

Composing of arms is frequent with us, not only to chiefs, heads of families, and
thers, to show their alliance with other families, but also to cadets; by adding to
their paternal bearings some part of their mother's arms, to show their maternal
descent, and to difference themselves from other descendants of the same family ;
Oi' vvhich I have treated in the former chapter.

Anciently arms were single and plain, consisting of few figures; but in later
times they are not only looked upon as hereditary ensigns of honour, but as marks
of noble descent, alliance, property, or right to territories and lands, oflices, and
o;her valuable things in their possession, or of their right and pretension to the
sa^ne.

These arms, or marks of alliance, offices, and property, were not carried of old
iii 'Ue shield as now, but in different shields, using sometimes one shield of paternal
aiiii^, and another of alliance, &c. as occasion required.

UpoQ their seals appended to deeds and evidents, we find several shields (which
we caii collateral ones) with distinct arms, to show their right and pretensions to
different feoffs; which gave occasion for seals to be made with two sides, a face
a.id a reverse, as we see the ancient seals of sovereigns and great men. The face
is that where a man is represented enthroned, or on horseback with a shield of
arms, called the royal or equestrian side or face of the shield : And on the other
side, the reverse of the seal, are ordinarily the seal of the owner's proper arms.

Upon the equestrian side of the seal a man is ordinarily represented on horse-
back in his surcoat, upon which wtre ordinarily depicted his coat of arms. On
the caparison of his horse were other arms. On the shield and buckler, which he
holds by his left arm, were likewise different arms: And on the reverse of the seal,
another shield of arms, accompanied with several other shields of arms, commonly
called collateral shields, because at the sides of the principal or paternal shield,
which they accompany; as are to be seen on foreign coins, such as dollars, &c.
To illustrate this practice, I shall bring a few examples from Olivarius Uredus his
Collections of the Seals of the Earls of Flanders, from our own country, and from
Sandford's Genealogical History of England.

Baldwin Count of Hainault and Marquis of Namur., his seal of arms had two
sides, face and reverse: on the first was a man on horseback, brandishing a sword,
about whose neck hung a shield of the arms of the Earldom of Hainault ; and on the
reverse, was a shield of arms of the iVIarquis of Namur, in the year 11 78. He
having married Margaret, sistei-jand heir of Philip Ear! of Flanders, she bore to him
Baldwin Earl of Flanders, who carried on his seal the arms of Flanders, and the
arms of Lusitania, and those of Hannonia, indistinct shields: So it app.-ars that the
custom of marshalling several arms in one shield was not then in use with the
Earls of Flanders, till the Burgundian race, which began in Philip Duke of Bur-
gundy, a younger son of John King of France, who was observed to be the first
that quartered the arms of Burgundy modern with these of Burgundy ancient.
He married Margaret the daughter and heir of Lodovick Farl of Flanders, and
impaled her arms with his own in one shield. Other great men in that country,

Vol. II. H

i«>

OF ADDITIONAL FIGURES, 'i^c.

and in the countries near thereto, in imitation, began to marshal other arms witli
their own in one shield.

The practice of collateral shields was also in Scotland before the use of mar-
shalling was frequent, as appears by the seal of arms of Walter Leslie, who mar-
ried Euphame Ross, eldest daughter and one of the co-heirs of William Earl of
Ross, appended to a charter of his, in the year 1375, upon which were three
shields of arms; That in the middle, between two collateral ones, had the arms of
the Earldom of R.oss, three lions rampant; that on the right side was the shield
of the amis of Leslie, having a bend charged with three buckles; and on the left
was a shield with three garbs, for Ciunin, or the country of Buchan. Those three
arms were quartered formally in one shield a few years after, when marshalling
of arms came in use.

Another instance of collateral shields of arms with us is that one of William
Keith, Marischal of Scotland, and Margaret Fraser his spouse, appended to a char-
ter of theirs to Robert Keith their son, of the barony of Strachan, in the sheriff-
dom of Kincardine, loth September 1375, which ends thus. In cujus rei testimoniimi
sigilla nostra consimiUter sunt appensa; which I caused engrave in an Essay of the
Ancient and Modern Use of Armories, page 36. Upon which seal were three
shields ; that on the right had a chief paly of six pieces, the arms of Keith Ma-
rischal ; on the second, six cinquefoils disposed 3, 2 and i, which was for his lady;
and the third had more figures; but being defaced, I cannot tell upon what ac-
count it was there placed.

Euphame Ross, second wife to King Robert II. is represented on her seal sitting
in a chair of state; at her right hand, is the shield of the arms of Scotland, and at
her left that of the earldom of Ross, her paternal coat.

I have also seen the seal of Euphame Stewart, daughter and heir of David Earl
of Strathern, by his second wife, appended to a charter of the date 1389, wherein
she is designed Eupham Senescal, Comitissa Palatina de Strathern : on which seal
was the picture of a woman at length, holding by each hand a shield ; that in the
right was charged with two cheverons, for Strathern ; upon the other, by the left,
was a fesse cheque, for Stewart: Which two arms v/ere afterwards composed to-
gether in one shield by her successors of the name of Graham, Earls of Strathern
and Monteith, and quartered with the arms of Graham.

The same practice of carrying different arms in distinct shields was with the
English, as in Sandford's Genealogical History of England : There he gives the
seal of arms of Eleanor queen to Edward I. of England, being a daughter of the
King of Castile and Leon : upon the one side of the seal was her effigies, at her
right side was a castle, and below it a lion ; and at her left side a lion, and below
it a castle, so disposed as they were marshalled in her father's arms, (the way of
marshalling not being fhen known in England) and upon the reverse of her seal
■was the escutcheon of England.

Isabel, daughter of Philip IV. of France, queen to Edward 11. of England, had
her effigies on her seal between two shields: That on the right hand had the arms
of England, and the other, on the left, the arms of France, impaled with the arms
of Navarre, being those of her mother Joan Qiieen of France, who was the daugh-
ter and heir of Henry I. King of Navarre. This practice, says our author, of
having the arms of husband and wife on diiFerent shields, was before the method
of impaling arms; but the practice was then in France, as by the foresaid example
of France impaled with Navarre.

From the practice of collateral shields with distinct arms came the custom of
carrying two shields accoUe; that is, when two shields of different arms are joined
together, as Plate I. fig. 3. The Kings of France have been, and are in use still
to carry their arms accoUi with those of the kingdom of Navarre, since the union
of those two crowns in the person of Henry IV. of France : But, however, I doubt
not but this method of joining two shields of arms together, of the husband and
wife, proceeded from the ancient use of collateral shields, before the way of mar-
shaUing or impaling husband and wife came in use ; of which there is a particular in-
stance, in Sandford's History, of the seal of Margaret Dutchess of Norfolk,
daughter of '^dward I. and widow of two successive husbands, in the reign of her
brother Edward II. Upon her seal she had her own shield of arms, being those of

spF ADDITIONAL FIGURES, iJc

31

England between two other shields accolU; that on the right containing the arms
of !ier first hu.^band John Lord Segkavk, viz. a lion rampant; on the other, on
the left, the arms of iier second husband Sir Walter Mannay, or, three cheverons
sable. This way of carrying liusband and wife's arms accollt lias been practised
in France and England, as also in Scotland, on old paintings and carvings on the
eatnes of old houses, which 1 have seen, though not frequently now practised.

Before I proceed to regular marshalling of several arms in one shield, it will not
be much out of the way to give here the division of arms occasioned by the fore-
said practice of carrying many coats of arms in distinct shields, upon dilVerent
reasons; and thereafter marshalling many in one shield, which has given occasion
to lawyers to divide arms into several kinds, as the famous Hopingius dc Jure Iii-
signium, gives nine sorts of arms, imo, plain arms, arma simplicia, are these whicii
have no addition of any other figure; but being plain, as carried by the first of
the family, such as these of kings, princes, and earls of old, without composition
or marshalling; such as these of Burgundy, says our author, were of old, or, a lion
rampant gules, crowned azure. The Princes of Henneburg carried only a hen,
without the eagle as now. The Duke of Brunswick carried, of old, only one lion,
but afterwards more. And the like simple or plain arms, says our autlior, had the
nobles of Denmark and Sweden from the Goths and Vandals. The same practice
was with our sovereigns and nobles. At first our kings carried only or, a lion
rampant gules; but afterwards the double tressure was added by a gift of Charles
the Great of France. The princely family of Stewart had only a fesse cheque,
but afterwards accompanied or marshalled with other figures; and the same I may
say of the rest of our nobility, who have some figures or other accompanying or
quartering with their ancient ones; except the Earls Marischal, and Hay Earl of
Errol, Constable of Scotland, who have their ancient, simple, and plain arms.
Our author likewise tells us, that the ancient Celti distinguished their shields only
with various colours, and the Germans arms were paly, bendy, cheque, or lozengy,
without other figures which are plain arms: His words are, " Nobiles homines
" apud priscos Celtos lectissimis tantum coloribus sua singulos distinxisse scuta ;
" unde etiamnum ea omnium antiqinssima ac maxime genuina apud Germanos
" nobilitatis dicuntur insignia, quce omnium simplicissima, certis duntaxat spaciis
" ac coloribus distincta, in quibus sunt ilia quae Latini, laterculos, &- virgas, &.
" rhombos appellarunt:" For which he cites Limneus.

ido. Composed arms, compojita insignia, when other figures or quarters are added
to plain or simple arms ; of which I have given many instances in this System first
and last.

3?/o, Ancient Arms, antiqua sen fumosa insignia, are those carried by old families,
and transmitted down to their successors in honour and dignity ; and the longer
the progression is, they are the more noble, as our author says of nobihty ; " Et
" quo longius procedit, eo magis augetur S*- cum generis vetustate primorum orna-
" mentorum conjunctim habet." The English call these perfect arms; by which
they understand these of a hereditary descent, though no further transmitted but
from the first obtainer to his grandson ; which are ensigns with them of a perfect
and complete nobility, begun in the grandfather, (as heralds say) growing in the
son, complete in the grandson, or rather great-grandson, as some will have it :
from which rises the distinction of gentlemen of coat-armour in the father and the
son ; and gentlemen of blood in the grandson, or great-grandson ; and from the
last descend gentlemen of ancestry.

4fo, By Imperfect Arms they do not understand irregular or defective arms in
rer.pect of tincture or figure, but of new ones granted to the first receiver, who had
none before, and are but signs of imperfect nobility in the receiver ; upon which
he is called a gentleman of coat-armour, being the same with the Novus Homo with
the Romans ; the first obtainer of Jus Imaginum, i. e. the right of erecting his own
image or statue, as a sign of begun nobility ; as the first concession of arms was
afterwards with other nations. These may be likewise said to be new arms,
though ancient in some families, which have been lately assumed by others, by
right of adoption, marriage or disposition ; called nova insignia, qua noviter per
ipsos novas nobiles sunt qucesita.

32 OF MARSHALLING ARMS, iSc.

e,to. Proper or Paternal Arms, are these which are the fixed figures of the family
and surname, and distinguished from additional ones : " Propria insignia," says our
author, " sunt ea qua: de jure pertinent ad propriam familiam vel personam."

6to, Strange Arms, aliena insignia, are these belonging to another family or
person, carried by those who have right to use or quarter them with their own.

imo. True Arms, vera insignia, are these which are granted by authority, or any
other legal way, upon the account of virtue and glorious efforts.

'^vo. False Anns, falsa insignia, are to be understood in two respects, first, these
granted or disponed by those who have no right. Secondly, These granted to one
beyond his merit, nobility and dignity, fit and competent for those of higher
degrees ; as our author, " Quod non sunt competentia, quod altiorem respiciant
" ordinem, atque inde altioris ordinis insignia."

g;;o. More Noble Arms, nohiJiora insignia, are not so by the nature of the figures
they have (as some think) but as they fitly represent the biave actions of some of
their progenitors, regularly disposed, and artfully situate in the shield, to incite
posterity to imitate the virtuous actions of their predecessors ; as our author,
" Nobiliora insignia, non ex nobiliori imagine (ut vulgo creditur) sed ex rebus a
" quopiam proavorum prreclare gestis ac clypeo inscriptis, dijudicanda veniunt, ita
" utquando habeant plus artis, ingenii Siefficaciae, ad amnios monitu suocontuendos,
" tanto excellentiora reputentur."

Sir John Feme, in his Glory of Generosity, divides arms into abstract and ter-
minal ones : the first are the same with the above-mentioned perfect arms, being
abstracted and carried down by the heirs and representatives of the first obtainer,
without alteration, diminution or addition ; and are these which we now call
original, principal and paternal arms. By terminal arms, he understands these of
younger sons and cadets, who have right to carry their paternal arms, terminate
and difierenced with congruous marks of cadency, to show the time and seniority
of their descents.

There are several other sorts of arms named, from the causes of their bearing ;
as these oi marriage, of office, arms of alliance, arms of adoption, arms of patronage,
of gratitude, of religion, concessions general and special ; arms of sovereignties,
feudal ones, and pretensions to the same. All which I shall treat separately, and
show the precedei'.cy due to them in their respective quarters with other arms,
when marshalled together.

ARMS MAP.SHALLED TOGETHER IN ONE SHIELD, UPON THE ACCOUNT OF MARRIAGE
AND OKFICES.

Marriage has be'en one of the chief causes of marshalling different coats of arms
in one shield. The practice is but late ; and lawyers of old tell us that women
cannot carry arms, for that is a manly and not a feminine office, they not being
exercised in war, nor in the use of military instruments, upon which arms were
first to be seen ; besides, they are looked upon as the end of their own family, and
these married go into another family, and are incapable of the name and arms of
their paternal family, as lawyers say, especially Ulpian and others ; " Soroiem
" etiam dictam putat quasi seorsum nascatur ab eaque domo separetur, qua nata
" est." But by the custom of nations, daughters are allowed to use the arms of
their lathers: Hoppingius de Jure Insignium, proposes a difference between daughters
married and unmarried : the first, being incorporate in another family, do not carry
their father's arms, as these .unmarried, who may carry them to the effect to show
their name and agnition in their father's family ; whereas those married do not
carry their paternal arms to that effect, but only for ostentation of their descent,
as our author, " Ad originis claritatem, antiquitatem generis, memoriamque inde
" arguendam 8^ conservandam, introductum est." Neither can their children
properly carry their arms : " Matris insignia Hberi regulariter deferri nequeunt."
For, being in their father's fainily, they have their rise and surname from it, and
not from their mother. " Et ha;c sunt praecipuum agnitionis &- familiae indicium :"
The descendants of a daughter cannot regularly carry the paternal arms of their
mother, except they be heiresses, or be allowed by those of their mother's side, who

OF MARSHALLING ARMS, isic.

33

have right to dispose of the arms by way of testament or disposition, or else they
be allowed by the laws and customs of the country.

Our author citeth another lawyer, Andreas Aliciatus, who says, that a son cannot
carry the arms of his mother ; yet when the nobility of his mother is more eminent
than his father's, and illustrate by it, he may carry the arms of his mother with
those of his father's, according to the custom of many countries and kingdoms ; as
in Italy and Spain, and I may say the same is practised in Britain. His words I
shall here add, cap. ii. " Q\iam vis Andreas Aliciatus dicat lilio matris insignia
" gerere concessum non esse ; attamen cum nobilitas paterna ex nobilitate materna
" splendidior illustriorque efficiatur, consuetudme nonnullarum provinciarum i^.
" regnorum, turn Hispania; tum Italian, arma gentilitia, paterna ac materna, simu!
" colligari observatur."

By the custom of nations, wives may use the arms of their husbands ; for being
in their families they have a right to the honour and privileges of the same : as
Hoppingius^f Jure Insignium, par. 8. " Ratio, qui transit m alterius tamiliam, is ejus
" origine, nomme &- privilegiis, gaudet, nobilitatisque & dignitatis fit particeps,
" adeo ut insignia deferendi jus transeunti denegari non posse, atqui omnis uxoi:
" transit in familiam mariti ; ergo uxori jus deferendi insignia mariti recte dene-
" gari non poterit."

Though the wife be ignoble and a bastard, she has right to make use of the arms
of her husband ; as our author, " Non impedit, quod uxor ignobilis &• plebeia,
" maritus vero nobilis extat ; similiter non refert, quod mulier spuria ; nam nulla
" major unio quam conjugalis, nee negamus, quin oleum non consecratum, conse-
" crato possit oleo commisceri." But it is not so with the ignoble husband who
has a noble wife ; by her he is not nobilitate, nor can properly carry her arms,
because wives receive honour from their husbands, but do not give it ; as our
author, " Vir ignobilis, ducendo uxorem nobilem, non nobilitetur per earn, cum
" accipiant, non adferant nubentes mulieres dignitatem."

After the husband's decease the widow may continue to have the arms of her
husband upon all her utensils ; but if she proves vicious or unchaste, she loses the
honours of her husband, says our author ; and if she marry again, she must follow
the condition of her second husband, and cannot use the arms of her first husband,
especially when she marries again one of an inferior quality to her first husband,
whose honour she loses ; which holds with us, and in England ; as Sir George
Mackenzie in his Precedency, " Yet sometimes the king allows her the same pre-
" cedency and honours of her first husband, or these of her father, by a letter ; as
" he does also to the daughters of dukes and others, who have lost their honour bj
" marriage : which letters or warrants are directed to the Herald Office, and regis-
" trate there."

Having shown the right women have to carry arms, I shall now proceed to show
in what form and manner they have been in use to carry them.

When arms came to be hereditary to all the issue of great men, as tesseras, and
marks of a noble descent, women then began to make use of those of their fathers,
on their habits, and to have them in square figures, called lozenges, qx fusile shields,
to show their descent, and at length to join tliem with those of their husbands.

The practice seems to be ancient, by women placing their paternal arms upon
their habits, such as mantles and kirtles, as may be seen in old illuminate books of
heraldry, and other paintings. Eminent ladies are there represented with arms on
their mantles and kirtles : and heralds tell us, when the same arms are both on
mantle and kiitle, they are then the arms of their fathers ; but when there are arms
on the mantle different from these on the under habit, the kirtle, she is then mar-
ried. These on the mantle belong to her husband, who is as a cloak or mantle to
shroud the wife from all violence ; and the other arms on the kirtle belong to her
father ; for women have no proper arms of their own, but these of their fathers :
yet, in later times, we meet with some concessions of arms granted by sovereigns
to virtuous ladies : of which afterwards.

By the universal practice of Europe, unmarried women must place their pater-
nal arms in lozenges or fusile shields, and cannot place them in formal triangular
shields as men do, except they be sovereign queens or princesses, ^lia nat^tram
nobilioris sexus participant, says Sir Tohn Feme in his Glorv of Generosity; and that

VoL.U. ^ ^ • ^ J I

34 OF MARSHALLING ARMS, ^c.

sovereign princesses may trim their shield of arms with all the exterior ornaments
belonging to a king or sovereign prince : as Mary, Queen of Scotland, carried the
royal achievement of that kingdom entire ; and the same did Queen Elizabeth
that of England. Qiieen dowagers, it seems, are not allowed to carry the sovereign
arms, though impaled with their own, but in a lozenge : for an instance I shall
mention the seal of arms of Jean, Queen Dowager of King James L mother of King
James IE a daughter of John Earl of Somerset, appended to an indenture betwixt
her and Sir Alexander Livingston of Callendar, anent the delivery of her son, the
young king, to be kept by tlie said Sir Alexander in the castle of Stirling, of date
the 4th September 1439. On her seal was a lozenge shield, with the arms of
Scotland on the right, impaled with her own on the left side, having France and
England quarterly within a border gobonated.

Custom, in some countries, has allowed wives to place their arms within a formal
shield, provided it be close joined on the left of their husband's ; which way is
called accolle, or impaled with the arms of their husband in one formal shield, either
by dimidiation or impalement, or by way of escutcheon over the husband's arms,
while the husband is in life.

The way of carrying husband and wife's arms accolle has been practised in
France, though not frequently, as fvlenestner observes, and very seldom to be met
with among us.

The impaling of husband and wife's arms in one shield is more frequent; which
is done two ways, the first by dimidiation, the second by an entire impalement.
Dimidiation is when the wife's entU'C arms are placed irpon the left half of the
husband's arms ; as by the seal of arms of Philip the Bold, Duke of Burgundy, in
the year 1381, who carried quarterly. Burgundy, modern and ancient. Upon his
marriage with the daughter and heiress of Lodovick Earl of Flanders, his arms
were dimidiate with his wife's, being argent, a lion rampant sable ; which were
placed upon the left half of her husband's quartered arms, so that the second and
fourth quarters were absconded, and the first and third quarters of the husband's
only seen ; which I have caused engrave in an essay of armories, Plate U. fig. 2.
Mary, Qiieen of Scotland, when married to Francis IL of France, on her great
seal had the arms of Scotland and France dimidiate ; the arms of Scotland lying
on the left half of the French arms, being azure, three fiower-de-luces or, two in
chief, and one in base ; so that the flower-de-luce in the sinister chief point, ancJ
half of the flower-de-luce in base, are absconded by the arms of Scotland. Many
other instances of this practice I have given in a former essay.

Entire impalement is by dividing the field of arms into two equal parts by a
paler line or purfle of a pencil. The husband's arms are entire on the right, and
the wife's so on the left, which make an entire whole ; and these are called by the
English baron iindfem?ne. By this way of impaling, which is now frequently used,
no figure is absconded or cut off, except sometimes that side of the border of the
husband's or wife's arms that is next to the paler or dividing line.

The English, as Guillim, make a distinction of marriage, single and hereditary;
the one bring off no hereditary possessions, the other do, being married with
heiresses : the first has these forms above mentioned of marshalling ; but their
children shall have no further to do with the mother's coat (says our author) than
to set up the same in their house pale-ways, after the foresaid manner, so to conti-
nue the memorial of their father's match with such a family. But, as I have said
before, the children of the single match have right to take a part of their mother's
coat, and compose with their paternal figures, to show their descent, and difference
tliemselves from other branches of the family. The hereditary marriage (says our
author) has a prerogative which the former has not : that the baron, having re-
ceived issue from the femme, it is in his choice whether he will bear her coat by
impalement, or else in an escutcheon upon his own ; and the heir of these two in-
heritors shall bear these two hereditary coats of his father and mother to himself
and his heirs quarterly, to show that the inheritance as well of the possession, as of
the coat of arms, are invested in them and their posterity.

There are three rules observed in impaling the arms of husband and wife : First,
that the husband's arms are always placed on the right, as baron, and these of the
^emme on the left side. Secondly, Herald.s tell us that no husband can impale his

or MARSHALLING ARMS, "isc. ;5-

wife's anr.s with his own on the surcoat of his arms, ensignb and banners, upon the
account of baran and femme only ; but when they are the arms of dignified feus,
to which he has right by his wife, he may then use them on such utensils as arms
of pretension, and of feudal ones. Thirdly, when the husband impales the wife's
arms with his own, he cannot surround the shield with his royal order of knight-
hood, as that of the thistle and garter, &.c. as Sandford observes : for this reason,
though a husband may give the equal half of his escutcheon and hereditary honour,
yet he cannot share his temporary order of knighthood with her; so that the
knights-companions of any sovereign order cannot, by the practice of heraldry,
surround their shield of arms with collars of sovereign orders, when their wives'
arms are impaled with them, merely upon account of baron and femme. Yet, in
my opinion, the collar may be placed at the side of the husband's part of the
shield, for his honour, except they be sovereigns of these orders, who have an here-
ditary right, whether mala or female. The kings of England and Scotland have
been in use to surround their arms impaled with their queens, with their respective
orders of knighthood, of which they were sovereigns. 1 have seen the arms of
Francis King of France, impaled with those of his Queen, Mary of Scotland,
surrounded with the collar of the Order of St Michael, and also her arms alone,
surrounded with the Order of the Thistle, of which she was sovereign ; and are so
engraven on the boxing of the chimney in the great hall of the palace of Seaton,
(called palace in our kings' charters to the Earls of Winton), and on the other side
■AXi the arms of George Lord Seaton, surrounded with the collar of the Order of St
Andrew or Thistle. 1304323

Mary Queen of England had her arms impaled witli those of her husband,
Philip of Spain, surrounded with the Order of the Garter. Those instances cannot
be a precedent for any less concerned ; for Francis and Mary were sovereigns of
orders, and Philip only a knight of the last. It seems by this practice that the
widows of sovereigns, though their arms continue impaled with their deceased prin-
ces's, are not surrounded with the collars of their orders : for, as I observed, albeit
the Archduke of Austria, and Duke of Burgundy, sovereign of the Order of the
Golden Fleece, having married Isabel Infanta, daughter and heir of Philip II. of
Spain, marshalled her arms with his own, and surrounded them with the collar of
the Golden Fleece, when alive, being sovereign of that order ; but after his death,
his princess carried the arms of her deceased husband impaled with her own, and,
instead of being surrounded with the foresaid collar, it was only with a cordelier,
as on her seal, in OHvarius Uredus's Collections. Since I am speaking of Isabel
Infanta of Spain, and the fashion of her armorial bearing when a wife, and a widow,
I think it not improper here to show her shield of arms when a maid, being some-
thing singular to us, though ordinary in her own country. She had on her seal of
arms, while unmarried, a lozenge shield, parted per pale ; on the left half the arms
of her father, for her own ; and the right side was blank, (without arms for a hus-
band) called arms of expectation ; which, it seems, was then a custom in Spain for
young ladies that were resolved to marry : which shield of Isabel, Olivarins Ure-
dus gives in his Collections, with these words : " In Isabella; insignibus dextrum
" scuti latus vacuum, quod expectativum vocant, indicat Isabellam adhuc innuptam,
" &- in illo insignia mariti expectantem, sinistrum autem aucupant insignia patris
" ejus Philippi secundi." Here it is to be observed that the wife gives always the
right hand in the shield to the husband, though she does not know what quality he
may be of.

When one marries an heiress, he may either impale or quarter her paternal coat
with his own, or place her arms, by way of an escutcheon, over his own arms; as
Sir Thomas Brand, Gentleman Usher of the Green Rod of the most ancient Order
of the Thistle, places in the centre of his quartered coat an escutcheon of his v^jife's
arms, gironni of eight, ermine and gules, within a bordure ingrailed of the last, for
Campbell of Lundie, whose daughter, (it seems an heiress) he married. For which
see Plate XXII. in the First Part of this System.

It is a frequent custom with the English of late to place the arms of the wife,
heiress or not heiress, in an inescutcheon, in the centre of the husband's arms
which they call an escutcheon of pretence, because he pretendeth right to that coat
upon marrying an heiress: As Guillim says, in his Display of Heraldry, where he

36 OF MARSHALLING ARMS, ^c.

gives several examples, to which I refer the reader: But how to call that on the
husband's coat, who has not married an heiress, I know not.

When a husband has had two wives, heiresses or not heiresses, and would have
their arms marshalled with his own, the husband's shield may be then tierced in
pale, i, e. divided into three equal parts perpendicularly; the husband's arms placed
in the middle area, and the wives' two coats on the right and left areas : Or they
may be otherwise disposed thus, parti mi-covpe to the sinister, i. e. the shield being
divided in two equal halfs by a paler line, the husband's arms on the right side,
and the left side divided by a horizontal line ; above and below are placed the
arms of the two wives, as frequently practised v/ith us upon funeral escutcheons;
of which partitions I have treated in the 7th chapter of the First Part of this Sys-
tem, and illustrated by examples in my Essay on the Ancient and Modern Use of
Armories.

When a wife would have the arms of her two husbands represented in one shield
with her own, then it is divided thus, parti ini-coupe to the dexter; of which I
have given examples in my last mentioned book.

Mr Kent, in his Grammar of Heraldry, says, if a man do marry three wives, the
first two shall have the chief part, and the third all the base: So the husband's
arms is in the middle, or fesse part; and if he have a fourth wife, she must, says
he, participate of the base with the third wife : And Guillim, in his Display of
Heraldry, gives us an example of the arms of a gentleman of the nameof CLiFroN,
impaled in the middle with the arms of his seven wives; four on the dexter side,
and three on the sinister, all bar-ways, that is to say, the shield is tierced, i. e.
divided into three equal parts perpendicular, the first part on the right is coupi
three, which make four areas, where the first four wives' arms are placed one above
another ; in the second part, which is the middle, are only the arms of Chfton
the husband ; the third part, on the left hand, is coupe two, which makes three
areas, in which are his other three wives' arms, one above another ; for which see
our author. And these are the ways of marshaUing many wives and husband to-
gether.

Besides impaling by way of haron and femme, the husband, by a frequent cus-
tom with us, quarters the wife's coat with his own, upon the account that she is
an heiress; i. e. by dividing of the shield into four equal parts, which makes four
areas : In the first and fourth are the husband's arms, in the second and third are
the wife's. But this custom is not so frequent in other countries as with us of late:
For the husband, in that condition, properly placed his wife's arms by way of sur-
tout over his own, that is, an inescutcheon in the centre of his own, which I have
said above, to be an escutcheon of pretence ; because he pretendeth to bear the
arms of his wife, and his right to her inheritance, which his issue should enjoy,
and that their successors may freely quarter their paternal and maternal coats to-
gether. As for the custom of the husband quartering his wife's arms with his
owm, I shall add the instance of the Right Honourable William Johnston Marquis
of Annandale, Earl of Hartfield, and Lord Johnston, chief pf his name, who car-
ried argent, a saltier sable, on a chief gules, three cushions ur: But upon his mar-
riage with the heiress of Craigiehall of the name of Fairholme, he quartered her
arms with his own, being or, an anchor in pale gules: And the same is still carried
by their son and heir, the present Marquis of Annandale.

Sir James Dalrymple, President of the Session, and afterwards advanced to the
dignity of Viscount of Stair, quartered the coat of his lady with his own, who was
Margaret, eldest daughter and co-heir of James Ross of Balnall and Carsecreuch,
near Glenluce in Galloway, (as in our New Register of Arms) carried, quarterly,
first or, on a saltier azure, nine lozenges of the first; second or, a cheveron cheque,
sable and argent, between three water-budgets of the second, for Ross; third as the
second, and fourth as the first.

Their eldest son, Sir John Dalrymple Earl of Stair, married Elizabeth Dun-
das, heiress of Newliston, and placed her arms, argent, a lion rampant gules, on
an inescutcheon over his .^atiiei's quartered arms, as above. He was created Earl
of Stair, Viscount of Dalrymple, and Lord Newliston, omio 1703. His son again,
the present Earl, marshalls his mother's coat with these of his grandfather and
grandmother.

OF MARSHALLING ARMS, iJc.

h is to be observed, that when a gentleman marries a gentlewoman, whose fa-
ther did bear any marks of cadency in his coat, the same ought to be continued in
the impalement and quartering of the daughter's arms with her husband's, w hich
is just and reasonable: For, by the mark of cadency of her father, she will be
known from what branch of the stem of the principal house she is come of. I
have shown before, when a coat of arms, surrounded with a bordure, is marshalled
pale-ways with another, then that part of the bordure which is next to the other
coat impaled with it, must be exempted, and not seen. Again, it is to be ob-
served, if a bordured coat be marshalled with other coats quarterly, then shall no
part of the bordure be omitted, but the bordure shall environ the same round.
Having treated, I think, sufficiently of the several ways of marshalling husband's
and wife's arms, I shall now proceed to treat of the method of marshalling arms of
offices.

MARSHALLING ARMS UPON THE ACCOUNT OF OFFICES AND EMPLOYMENTS'.

Amongst the several causes and occasions of assuming arms, lawyers, and writers
on the science of armories, give offices for one, as well used by ecclesiastics as

laics.

I gave out before, page 20. that the Romish churchmen are not obliged to
bruise their paternal arms with marks of cadency, although younger sons, or de-
scendants of such, because they are not allowed to marry, and so have no lawful
succession: And some lawyers of this opinion tell us, that the end and design of
marks of cadency, to bruise the principal bearing; was to difference the descendants
of younger sons; so that there is no need of brisures in the arms of ecclesiastics,
since they can have no issue. Secondly, They say, that churchmen have no need
of additional figures to bruise their paternal bearings; for their arms are suffi-
ciently distinguished from the laics, being only adorned with cherubims, or angels,
and not timbred with a military dress, which are marks of greatness and pride,
such as the helmet, mantlings, wreaths, and crests.

But more rightly others reason with Scohier, in his Compartment of Arms, cap.
17. "'That differences or brisures were not invented by law and custom to dis-
" tinguish the descendants of younger brothers, but to difference brothers them-
" selves." The words of our author, with these of yurispriidentia Heroica, in an-
swer to the former two reasons, are, " Nee obstat prima, nee secunda ratio, quan-
" doquidem discerni colorum usus non solum sit inventus, ad ipsos descendentes
" ex diversis fratribus dignoscendos, verum etiam ad ipsos inter se discernendos."
Neither can churchmen be said to be the end of the family; because, by the
Pope's dispensation, they may marry, whose issue may begin and continue their
family; so that they must have differencing figures added to the principal or
plain arms of the principal family, which only belong to the primogeniture. And
as for the other reason, that ecclesiastics are sufficiently distinguished from the
laics, in not having their arms timbred with helmet, volets, and crests; yet when
they fall into noble feus and jurisdictions they then timbre their shields, as was
found in the Council of Brabant; as our author, " Nee obstet alia ratio, quia illud
" discerniculum, non ipsa arma aut insignia, sed exteriora ornamenta afficit, quan-
" qu^ni etiam ab ecclesiasticis, prsesertim nobilibus, &• jurisdictione aliqua imbutis,
" thymbrum militarem fastum aJhiberi vidimus. Et banc opinionein nuper sum-
" mum Brabantias concilium amplexum est." When a churchman marshals the
arms of a dignified feu, or these of his office, I mean those of the church, with his
paternal arms, he needs no other brisure: And this is the general practice in Eu-
rope, of which I proceed to give some examples.

Cardinals, bishops, abbots, priors, and other church officers, in imitation of the
laics, when marshaUing was in use, began to take some remarkable figures of
their offices, and to compose or marshal them with their paternal arms, after
the order or method now in use, parti, coupe, and quarterly: Of which I shall add
a few instances of the practice of prelates abroad, and then return to those in
Britain.

Vol. IL K

33 OF MARSHALLING ARMS, We.

The Jirst way mentioned, parti, which the English call parted per pale, is by
impalement, as before, of husband and wife's arms ; but with this difference, tlie
arms of office are placed on the right side of the shield partly with the paternal
arms of those in office. And though a bishop, or any other prelate, be called
maritus ecclesiie, the husband of the church, by the canon law, yet he is but one,
in a figurative speech; and the church's arms take place as the more noble, as also
do those of secular offices.

The second method of prelates marshalling their ^rms by way of eoupe, that is,
/)rtrterf ^fr y^w^", by dividing the shield into two equal parts horizontally, is by
placing the coat of the office above, and that of the incumbent below; a frequent
practice in Italy.

The third method by quartering, is done by a palar, and horizontal line divid-
ing the shield into four quarters; which way is frequently used by the French
and Germans; especially when those high churchmen are temporal princes, as
the ecclesiastic peers of France. The Archbishop and Duke of Rheims, for his.
office, carries azure, seme flower-de-luces or, a cross gules. The Bishop and Duke
of Langres, axure, seme flower-de-luces or, a saltier gules. The Bishop of Laon,
seme oi France, a crosier in pale gules. The Bishop Count of Bbauvais, or, a
cross gules, cantoned with four keys of the last. Which arms of offices are placed
in the first and fourth quarters, with the paternal ones of those in office.

The three Archbishops, Electors of the Empire, do also marshal their arms of
offices with their paternal ones, which are sometimes placed by way of surtout,
apon the account of many coats of offices, which they marshal together.

The Archbishop and Elector of Mayence, or Mentz, Great Chancellor of the
Empire in Germany, carries, quarterly, first and fourth gules, a wheel with white
spokes or, for his Episcopal See ; second and third, the paternal arms of the bishop
in possession. The wheel is storied to have been at first assumed by one Willigis,
who was chosen archbishop for his eminent piety; and he, out of humility, be-
ing the son of a wheelwright, took the wheel, which his successors have con-
tinued for the arms of that See. This Willigis (says Hoppingius de Jure Insignium)
to shov/ his humility, caused paint on all the rooms of his house the wheel of a
waggon, with this pentameter, " WiUigis recolas, quis es, S^ unde venis," i. e.
Willigis, consider what you are, and whence you came. " Hsc rota postea,
" insigne successorum in hoc archiepiscopatu permansit, confirmante illud Henrico
" imperatore."

The Archbishops of Treves, Great Chancellors of the Empire in France, and
Electors, have been in use to carry four coats of offices, thus, (as by Jacob Imhoff)
quarterly, first argent, a cross gules, for the Arch-See of Treves; second gules, a
paschal lamb, proper, standing upon a mount in base vert, carrying a flag over its
shoulder, as abbot of Pruym; third gules, a castle argent, masoned sable, sur-
mounted of a crosier in pale, and below, a crown or, as prepositor and overseer of
Weissenburg; i'ourth azure, a cross argent, as Bishop of Spires; and over ail, by
way of surtout, an escutcheon of the paternal arms of the archbishop for the
time

But to come home to Britain with some observes of the ancient and modern
practice of our prelates in Scotland, in carrying of their arms on their seals of
office, and on other places, I observe, of old, they neither did compose, impale,
nor quarter their ensigns of office with their paternal ones till after the Reforma-
tion from the church of Rome; for before, their seals of arms were formed after
the fashion of oblong ovals, upon which are only to be seen the frontispieces of
churches, with the image of their patron-saints standing in the porches, or in fine
carved niches; and below them small triangular shields, with the incumbent pre-
late's arms, sometimes adorned with mitre, crosier, or cross-staff: Of which I shall
here add some instances.

I have seen several seals of the archbishops of St Andrews, which have the
image of St Andrew with his cross, standing in the porch of a church, and below
his feet a little shield, with the paternal arms of the archbishop thereon ; as
especially that of William, Archbishop of that See, in the reign of Robert tlie
Bruce, who has on his shield three cinquefoils, or frasiers, being of the name of
Fraser, and the shield timbred with a mitre below the feet of St Andrew.

OF MARSHALLING ARMS. isc.

39

I have seen the seal of John Bishop of Glasgow, which had upon it the image of
St Mungo standing in the portico of the church, and below liis feet the shield of
arms of that prelate, charged with, three bars, to show he was of tlic name of Ca-
meron, timbred with a mitre; and at the sides of the shield were two salmons
with rings in their mouths, and on the legend round the seal, Sigilhwi Joannis
Episcopi Glasgiien. Which seal is appended to an indenture or agreement betwixt
Jean Dowager Queen of Scotland, inother of King James II. and Sir Alexander
Livingston of Calder, a'nent the delivery of the young king's person: which in-
denture 1 have mentioned before with the queen's seal.

The seal of John Bishop of Ross had on it the figure of a. bishop, with a mitre
on his head, standing in a portico of a church; and, at his feet, a shiekl ciiarged
with a bull's head cabossed, being the paternal figure of the name of Turnbull.
Besides these, I have seen several other bishops' seals after the same form, witii
their shields of arms below images of saints, or mitred bishops, supported by angels,
and adorned with mitres and crosiers.

Andrf.w, Commendator of Jedburgh, upon his seal appended to several evident?,
which I have seen, had the image of a saint standing in a fine carved nich ; at
the foot of which is his shield of arms, quarterly, first and fourth a lion rampant,
second and third three papingoes, he being of the name of Home; and behind the
shield, a crosier turned to the right.

Upon the buildings of several churches, we find the paternal arms of bishops
and abbots only adorned with mitres and crosiers; as these of Gavin Dunbar
Archbishop of Glasgow, having only three cushions within a double tressure
countev-iiowered, adorned with a mitre,, for the name of Dunbar, descended of
Dunbar of Westfield.

On the wall that surrounds the castle of Glasgow, on several places there, as I
am informed, are the arms of James Beaton, the last Romish Bishop of that Sec,
being these of Beaton quartered with Balfour, as a nephew of Beaton of Balfour;
and below these arras is a salmon, with a ring in his mouth, which some of his
predecessors carried also, to perpetuate a miracle said to be performed by St
Mungo, patron saint of the church of Glasgow.

Upon the beautiful abbey of Paisley, as I am informed, are the arms of the
Abbot George Shaw, a brother of Shaw of Sauchie, carrying his arms, three
covered cups; and, to show his ecclesiastical dignity, a crosier behind the shields.

On the abbacy of Holyroodhouse are to be seen the arms of Archibald Craw-
FURD, treasurer to King James III. He was a brother of Crawfurd of Henning,
where are only his paternal bearing, viz. a fesse ermine, with a star in chief, and
the shield adorned on the top with a mitre.

I find none of our Romish prelates ever marshalled the figures of their respective
sees (I mean the images of their patron saints, their crosses, crosiers, mitres, or such
remarkable things belonging to them) with their paternal bearings, by impaling or
quartering of them in one shield, though they have adorned the outer sides of their
shields with such figures. And I am of opinion that the custom with us of mar-
shalling arms of episcopal sees, and other ecclesiastical offices, with the paternal
arms of the incumbents, is not much older than the Reformation from the Romish
Ghcrch ; and the figures of which they are now formed and made up of are taken
from the old seals ;- such as the images of saints and bishops, their crosses, mitres,
crosiers, pastoral staffs, and other such things, which will appear to the curious by
their blazons : a few of which I shall here give.

The arms now used for the Archiepiscopal See of St Andrews, azure, a St
Andrew's Cross (/. e. a saltier) wgent, taken from the old seal of that See, before
described, which have been impaled with the arms of those that have been in
office.

The Archiepiscopal See of the Church of Glasgow has for arms, argent, a tree
growing out of a mount vert, with a bell hanging on a branch, and a salmon lying ,
fesse-ways thwart the trunk of the tree, with a ring in its mouth, proper. The
salmon, as I observed before, was carried by the Romish prelates, at the sides, and
below their shield of arms. Alexander Cairncross, by divine providence. Arch-
bishop of Glasgow, had on his seal of office the above blazon, impaled on the right.

40 OF MARSHALLING ARMS, ^c.

with his paternal coat on the left, viz. argent, a stag's head erased with a cross
patee fitehe, between his attire, gules.

The BisHOPRicK of Galloway has for arms, the image of St Ninian, holding in
his right hand a cross.

The BisHOPRicK of Dumblane, a saltier ingrailed.

The BisHopRiCK. of Argyle, azure, two crosiers in saltier adosse, and in chief a
mitre or.

The arms of the Bishoprick of Ross are two men, the one on the right hand,
representing St Boniface in a white habit, his hands lying cross on his breast ; the
other a bishop, pointing to St Boniface with his right hand, and by his left holding
a crosier or, with a mitre on his head.

The arms of these bishopricks are impaled with the arms of those who have pos-
sessed these offices.

The Bishoprick of Edinburgh was erected out of the Bishoprick of St Andrews
by King Charles L anno 1633; so that that See has almost the same arms with
St Andrews, and in chief a mitre or ; which were impaled with the arms of the
incumbents.

I shall add no more of them here to incumber my reader, but proceed to a few
such bearings of those in England.

The Archiepiscopal See of Canterbury has, azure, a pastoral staff in pale
argent, topped with a cross patee or, and surmounted of an episcopal pall, (/. e. an-
episcopal ornament, and not an armorial pale), of the second, edged and fringed of
the third, charged with four crosses fitched sable.

The Archiepiscopal See of York, gules, two keys adosse argent ; and in chief
an imperial crown or.

The Bishoprick of London, gules, two swords in saltier, points upward, proper,
iked and pommelled or.

The Episcopal See of Worcester, ten torteauxes sable, 4, 3, 2, and i.

Carlisle, argent on a cross sable, a mitre with labels or.

The Episcopal See of St Asaph, sable, a key in bend sinister, and a crosier in
bend dexter argent.

The See of Salisbury, azure, the Virgin Mary (being dedicate to her) crowned,
holding the holy babe in her right arm, and a sceptre with her left hand, all
gold.

All which ensigns are impaled on the right side of the shields, with the paternal
arms of those in office on the left side. For more ecclesiastical arms the reader
may see the British Compendium of Arms lately published in taille douce.

As for these orders of knighthood, which are both spiritual and temporal, such
as the Knights Templars and Hospitallers, and others of such institution, they com-
pose, impale, or quarter the arms of their respective orders with their paternal ones ;
as do at present the Grand Masters of the Knights of Malta ; who quarter, in the
first place, the arms of that order, being gules, a cross argent, with their proper
arms : but the rest of the knights of that order, in distinction from the Grand
Master, do not quarter but compose them with their own, by placing them in
chief, or on a chief, which has occasioned one coat of arms to have two chiefs, the
one above the other. So much then for ecclesiastical arms. I shall now proceed
to the arms of secular offices ; some of which I shall here mention.

Seculars, who enjoy high offices, military or civil, sometimes impale or quarter
the arms of their offices with their own. The electoral princes of the empire
quarter in their shields of arms, the arms or badges of their offices, being the
figures of the regalia they carry before the emperor, by virtue of their high posts,
as Beckmannus says, dissert, cap. 5. " In insignibus suis seculares clinodium istud
" inserunt, cui ratione officii portando destinati sunt."

The King of Bohemia, as principal cup-bearer to the Emperor, charged the
breast of his lion with a cup.

The Duke of Saxony, as one of the electors of the empire, carried over his a-
chievement of many quarters, by way of surtout, an escutcheon parted per fesse,
argent and sable, two swords in saltier gides, hiked and pommelled or, as Elector
Marischal of the empire.

OF MARSHALLING ARMS, l^c. - 41

The Duke of Bavaria and Palatine carries three shields tied together, the first
on the right side, sable, a hon rampant or, armed and kmgued ^ules contourne,
(/. e. looking to the other's shield on the left)tbr the Palatinate ; the second shield,
fusile in bend, urgent and azure, of twenty-one pieces, for Bavaria; the third shield,
below the above two, gules, charged with the imperial mend or, which he carries
in solemnity before the emperor.

The Eleccor Paxatine of the Rhine carries parted per pale, first the Palatinate,
second Bavaria, and in base a point gules, as third Elector. See book Jcu D' Ar-
mories des Sovereigns.

The Duke and Marquis of Brandenburg, (now King of Prussia) as Elector, car-
ries over his achievement of many quarters, by way of surtout, azure, a sceptre
pale-ways or.

The Duke of Brunswick., (now King of Great Britain) as Elector of the Empire,
carries over tlie fourth quarter of his majesty's arms, an inescutcheon, Charlemagne's
crown ; of whose imperial achievement afterwards.

Other nobles in the empire, upon account of their employments or offices,
carried figures to represent them; as the Earls of Oldenburg, principal architects
in the empire, carried in one of the quarters of their arms two beams of wood,
blazoned bars. The Eails of Spigelberg, as master-hunters, carry a hart, proper.
And the Earls of Wernegeroda, as master-fishers, carry in their achievement a
fish; as 'Ko'^^mgwxs ile Jure Insignium: so that offices and employments are not
only the causes of obtauiing arms at first, but also of multiplying several arms in
one shield ; which was a practice with the Romans, Germans, French, English, &-C.
In France those who had offices of the crown, of old, under the first, second, and
third races of the Kings of France, not only took their names from their offices,
but their arms, as Hoppingius cie jure Insignuan, cap. 4. " In Gallia, omnes offi-
" ciales corona; Francis sub regibus, imse, zdx &- jtice generationis, non assume-
" bant aliunde cognomina & insignia, quam ab offigio quod gerebant ; cujus me-
" moriaii suis liberis &- de'.cendentibus reliquerunt, qui eadem insignia &- cogno-
" mina retinebant." And, for example, he gives the family of Mussini, who, of
old, were Earls of Senlis, and chief butlers of France, for which they carried, to
perpetuate their office, a shield quarterly, or and gules; the first to represent the
king's gold cup, and the second the wine; so that the family had the name of
Butlers of Senlis. To please some curious, I shall add our author's words, " In
" cujus rei memoriam (Pincernas) portaverunt pro insignibus clypeum divisum in
" quadras, ex auro &• colore rubro, quod representabat poculum St cantherium
" regis, & colore rubro, vinum hacque de causa appeUati sunt Pincerns Silvanec-
" tini, i. e. Baateliers de Senlis."

In England, another ancient family descended of Argentius, and Brionini a
Norman, became chief butlers in the reign of William II. of England, and took for
arms, gules, three cups or, to show their office, and introduced it as a surname to
their posterity. The words of our author are, " Hi, a Davido Argentinio Nor-
" mano viro militari, qui sub Gulielmo Secundo meruit, &- nomen & stemma duxe-
" runt; &-' in huj us rei testimonium tribus scyphis argenteis in rubro clypeo usi
" sunt:" A\'hich coat of office is quartered with their paternal coat, viz. or, a chief
indented azure. From this noble stock of worthies, in a direct line, was descend-
ed J.\]MES Butler Marquis of Ormond, and Earl of Ossory in Ireland, of which he
was Lord Lieutenant, and by King Charles II. created a peer of England, by the
titls of Lord Butler of Lanthony, and Earl of Brecknock, and the 13th year of
that king's reign, Duke of Ormond in Ireland, and also a Knight of the Garter:
He married the Lady Elizabetli Preston, daughter to Richard Lord Dingwall in
Scotland, and Earl of Desmond in Ireland, by whom he had three sons, Thomas
Earl of Ossory, Richard Earl of Arran, and John. Richard died without issue,
Thomas was summoned to the English Parliament by the title of Lord Butler of
Moorpark, and was also a Knight of the Garter, and Rear- Admiral of his Majesty's
Fleet : He married Lady Amelia Nassau, daughter to Lewis de Nassau, son to
Maurice Prince of Orange, and Count of Nassau; by whom he had issue three sons,
James Duke of Ormond in England, Charles Earl of Arran, created Lord Butler of
Weston in England, who carries the above quartered arms, with a crescent for dif-
ference ; and another, James, who died young.

Vol. U. L

42

OF MARSHALLING ARMS, ^c.

Carnegie Earl of Southesk, whose arms are or, an eagle displayed azure, beak-
ed, raembred, and armed y///w; his predecessors, Carnegie of K.innaird, were cup-
bearers to our kings, for v/hich, of old, they carried a gold cup on the breast of
their eagle, to show their office.

Many civil and politic offices, which have symbols and badges, are not placed
within the shield of arms of those in office, as those above mentioned, but at the
back, sides, or foot of the shield ; such as the marischal's battons, the constable's
swords, the admiral's anchors, the master-household's battons, the chamberlain's
keys, &c. Of which more fully in the Treatise of Exterior Ornaments.

To put an end to this section, I shall mention here the arms of the Herald
Offices 111 Scotland and England. Those of Scotland are now argent, a lion seiant,
full-faced gules, (being the crest of the royal achievement of Scotland) holding in
his dexter paw a thistle slipped vert; in the sinister, an escutcheon of the second,
and on a chief azure a St Andrew's cross of the first. Which arms are impaled on
the right side with the paternal bearing of Sir Alexander Erskine of Cambo, the
present Lyon King at Arms, being these of the Earl of Marr, with a crescent for
difference, as a cadet of the family. This seal of office is no older than himself;
for his father, Sir Charles, also Lyon King at Arms, had on his seal appended to
patents of arms given out by him, only his paternal arms; and any particular seal or
badge our principal heralds had before, was the sovereign achievement of the
kingdom, (called by other nations I'esmail) which was hung by a chain of gold
about the neck of the principal herald, and on the breast of his brethren heralds
and pursuivants, by a ribbon, as their cognizance and badge : And the same, as I
read, was practised by the heralds in England.

The principal heralds in England, in the reign of Qiieen Elizabeth, and especially
the Garter King at Arms, wore a badge of gold daily, whereon were enamelled
only the sovereign's arms ; as Ashmole, in his Institution of the Garter, page 2g8,
and 253, and had no proper seal for the office, till Sir Edward Walker, then Gar-
ter King at Arms, obtained a licence from the Queen to distinguish himself from
the other Kings at Arms, to impale St George's arms, viz. argent, a cross gides on
the right side, with those of the sovereign's on the left: And about that time the
■^eal of the office was formed thus, argent, a cross guJes, and, on a chief azure, a
crown imperial, environed with a garter, buckled and nuved, betwixt a lion passant
gardant, and a flower-de-luce or, which were impaled with the arms of Sir Edward
Walker, as they were afterwards with those of his successors in that office.

The heralds in Germany, Flanders, and elsewhere, have the arms of their so-
vereigns, enamelled or depicted on gold, affixed to their breasts: But I take them
to be principal and learned heralds, by royal authority, and not such, as with
us, who know nothing of the matter. As Sir John Baptista Chrystin, Chan-
cellor of Brabant, in his curious book entitled Jurisprudentla Heroica, sive de
jure Be!garum, circa nobUiiatem et indgnia, whose words are those, in the
Spanish Flanders, from paragraph 8. after he had given an account of those of
Germany and France, viz. " Qua;libet deinde provincia apud Belgas suum habet
" fecialem, ejus titulo celebrem, qui tesseram sive laminam insignibus ejusdem
" decoratam (vulgo I'esmail d'office) pectori assutam gerit, & in festive quovis
" apparatu ejusdem provincial rege armorum tunica indutus (vulgo la cottee
" d'arms du roy) dextra caduceum gestans assistit." But more of this afterwards,
when I come to speak of the Rise, Nature, and Office of Heralds.

ARMS OF ALLI.VNCES.

Besides the arms of offices, as I said before, there are other causes of marshalling
many coats of arms in one shield, given us by eminent lawyers and heralds, which
they call cumuhitio, or multipHcatio insigniu?n. As Hoppingius de Jure Insignium,
page 782, " De quarteriis sive sectionibus, campis sive areis," called with us mar-
shalled or quartered arms; and are marks of honour and greatness, esteemed by all
nations upon many accounts, especially upon honourable alliances, and succession
to noble feus: A practice frequent with the French; as Hoppingius, " Eifectus
" vero hujus accumulationis, sive conjunctionis insignium est augere dignitatem ;

OF MARSHALLING ARMS, Uc. 43

" etenim hie mos &■ usus, maxime receptus est Gallis, quo sciaiit S<- iiitelligant his
" niutation;bus jure natura;, regnique legibus non derogari, seJ augmentum esse
" nobilitatis."

^ quartered coat of arms is when the shield is divided into four quarters, or
areas, by a perpendicular and horizontal line cutting the centre; and sometimes
again ttiese quarters or areas are alto divided into as many quadras by the same
hues, aai are tilled up with the arms of dilTerent families upon several occasions :
by heralds and lawyers called cumulatio armorum, of old latined scutum quarteria-
tiim, and of late, scutum quadripartitum: But Mr Gibbon, an English herald, for
quartered arms, says, scutum in quatuor partes, lineis ad cruris 7nodum ductis, scctuin ;
after some old heralds, who blaioned a quartered s\\\e\A, parted per cross.

Heralds who write m Latin, call one of these quarters quarteria; Chiflletius and
Uredus make use of the word quadraiis; Jacob Imhoff the German, tiic word
quadra; and others say area, for a quarter.

Sir John Feme, in his Glory of Generosity, gives us three sorts of quartered
coats of arms; the first he calls a plain quartered coat, the second a quartered coat,
and the third a quarterly quartered coat: 'Which 1 shall explain, and give examples
by whom carried with us, and other nations.

As to the first, a plain quartered coat is when the superficies or field is divided
into four quarters or areas; and when the first and fourth quarters contain one
coat of arms, the second and third another: so that there are but two different
coats of arms twice repeated in a quartered shield ; which, says our author, is a
suitable disposition of the arms of the son and heir of a gentleman who had to
wife an heiress: the father's arms are placed in the first and fourth quarters, and
the mother's in the second and third.

It is to be observed, that in marshalHng arms with others, upon the account of
alliance, and if both houses be cadets, their marks of cadencies must be continued
upon both their coats.

Alliances then by marriages has occasioned the multiplication of many arms in
one shield, not only al.noit by all the princes in Europe, but even by nobles high
and low, to show their noble descent; and especially by the issue of those who
have married heiresses, to show the right they have to territories and lands.

I shall begin with one of the ancientest examples of this kind 1 have met with
in my reading. Abaut the year 1117, Ferdinandus, eldest son of Sanctius, to-
named the Great King of Navarre, and Elivira, daughter of Ferdinand the VI.
and last Earl of Castile, being the first that was honoured with the title of King of
Castile, married Sanctia, daughter of Alphonsus King of Leon, sister and heir of
Beremond who died without issue.

This Ferdinand, upon account of his wife Sanctia, got the kingdom of Leon;
so that he became both Kurg of Castile and Leon about the year ii6o, and quar-
tered the arms of those kingdoms thus; first and fourth ^ules, a castle triple,
towered and embattled or, masoned sable, for the kingdom of Castile; second and
th\\-d. argsnt, a lion ra upant ^.v/w, armed or, for the kingdom of Leon. Tlius
blazoned by Hoppingius, " Reges CasteUi:^ &- Legionis, in insignibus, ferunt scutum
" in parte superiori dextra, & in inferiori sinistra Castellum aureum in campo
" rubeo ; in parte superiori sinistra &- inferiori dextra, leonem fulvum in campo
" albo exhibens."

The kingdom of Leon was a more ancient kingdom than Castile for many ages ;
for when Pelagius took that country and town from the Moors, about the year
722, it was always called a kingdom; and he took for his arms a Hon, because it is
said to be the King of Beasts: As our author, " Pelagius Legionis rex primus, circa
" annum 722, eripiens Legionem civitatem a Mauris, leonem pro insigniis assumpsit,
" quia leo est, & interpretatur, rex omnium bestiarum."

Many are of opinion, that the arms of Leon, being those of the ancientest king-
dom, should be placed in the first and fourth quarters ; and so to have the pre-
cedency of the arms of Castile. Ludovicus Molina, a famous lawyer, defends the
method of marshalling, as above blazoned, imo. That the greatest kingdom
should be preferred to the ancientest. ido, Ferdinand was King of Castile by
right of his father, and got Leon by right of his wife, nomine dotis ; and that in his
titles he was named first King of Castile and Leon, preferring the title of the man

44 OF MARSHALLING ARMS, ^c.

to the woman, and the mother's titles ought to follow the father's : His words are,
" Turn quod virilis stirpis imperium prajterri debuit foemineo, maternaque insig-
" nia paternis insignibus cedere debuerunt."

The like practice v\as used in England by Edward III. the first of that kingdom,
who quartered his arms with those of France. He placed France in the second
and third quarters, as arms of alliance, upon the account of his mother Isabel,
daughter and heir of Philip IV. of France, and of her brothers, Charles IV. Philip
V. and Lewis XI. successive kings of France, who died without any issue. Theu'
cousin-german Philip de Valois, as heir-male, ascended the throne : and, as Ed-
ward Howes tell us, in his History of England, King Edward's ambassadors, who
came to congratulate his accession to the crown, were questioned, Why the King of
England placed the leopards of that kingdom in the first quarter before the lilies
of France in the second ? To which Sir John Shorditch, the ambassador, made
answer, That it was the custom of the times to set the title and arms of the fathers
before those of the mothers ; which their king had, in reason and duty, dune.
From which it is to be observed, that arms of alHance, upon the account of ma-
ternal descent, were then quartered with the paternal, which had the precedency
of the maternal; and which is yet the ordinary custom in Europe, excepting for
some special reasons, as that of the same King Edward III. who, upon no other
account, at first, quartered the arms of France, but upon the reason of his alliance :
yet afterwards, in the i4th year of his reign, when he was encouraged by his
aUies, to claim the kingdom of France in right of his mother, he placed those of
France, as arms of dominion and pretension, in the first quarter, before the arms
of England ; which his predecessors have continued.

About the latter end of this king's reign, the English nobility began, in imita-
tion of him, to quarter with their own arms coats of alliances. John Hastings,
Earl of Pembroke, who married Margaret, youngest daughter of Edward III. was
the first subject in England, (says Sandford, in his genealogical History of that
kingdom) who, in imitation of liis king, had quartered arms, viz. first and fourth
or, a manche ^u!es ; second and third harry of t\\ elve pieces, argent and azure,
with eight martlets orle-ways gules, as arms of alliance with the family of Val-
lance : which quartered coat he impaled with the arms of his countess, being then
the same with her father's, France and England quarterly.

With us our great families did not all begin at one time to quarter their arms
with other coats, upon account of alliance, and other considerations. The first
practice of quartering I have met with upon seals, was in the reign of King Ro-
bert II. who was crowned in Scoon the 27th of March 1371, as I have observed
before. His sons, then, and Leslie, who married the heiress of Ross, withothers,
began to marshal their arms with those of other families ; of which, m the first
part of this system. As also did David Lindsay, first Earl of Crawford, assume
the coat of Abernethy, and quartered it with his own, upon the account he was
descended of that family by the mother's side : for his grandfather. Sir David
Lindsay, in the reign of King Robert I. married one of the three co-heiresses of
Alexander Lord Abernethy ; whose arms were or, a lion rampant gules, bruised
with a ribbon snble, quartered with his paternal, gules, a fesse cbecjue, argent and
azure. Which figures were upon David first Earl of Crawford his seal ; and ever
since have been continued by the family.

A long time after, the Earls of Douglas and Rothes being descended of the
other two co-heiresses of the above Alexander Lord Abernethy, marshalled the
arms of Abernethy with their own.

The great and illustrious house of Douglas, for what I have seen, had no quar-
tered coats before William, the first Earl of Douglas, married Margaret, daughter
of Donald, sister and sole heir, at last, to her brother Thomas, Earl of Marr : for,
before this match, he had only his single paternal coat on his seal of arms, which
I have seen appended to a charter of his, of the church of Meikle Cavers, to the
abbacy of Melrose ; but after the marriage with Margaret Marr, countess and
heiress of Marr, he quartered his paternal coat with that of Marr, viz. first and
fourth argent, a man's heart gules, (not ensigned with a crown as now) and, on a
chief azure, three stars of the first ; second and third azure, a bend betwixt six
cross croslets fitched or, for Marr : which arms I have seen, on his seal, appended

OF M/VRSHALLING ARMS, i^a. 45

to his charter, dated at the Castle of Kildrunimy, the 22d of July 1377, wherein
he is designed Earl of Douglas and Marr, of the lands of Easter-Foulis, lying in
the Earldom of Marr, and shire of Aberdeen, granted to James Mowat. Theii
shield of arms on the seal was couche, and quartered, as I have said, with Dougla^-
aiid Marr, supported by one lion sciant, holding up the shield, his head in a helmet,
created with a plume of feathers ; and, at each side of the shield, is a tree growing
out of a mount, as a compartment, seme of cross croslets, and upon the compart-
ment the right side of the shield rests. His son James, Earl of Djuglas and
Marr, carried the same arms as his father, as is evident by his seals. He could not
have carried Marr if he had not been the son of Margaret, Countess of Marr.
It was this valiant Earl that overthrew Henry Percy, surnamed Hotspur, in a
combat at Newcastle ; and again defeat him in the battle of Otteiburn, which was
fought the 31st of July 1308. After the battle, this noble Earl James died in his
tent. He had no issue but two natural sons ; and was succeeded by his half-
brother Archibald, Lord of Galloway, in the earldom of Douglas ; and by his full
sister Isabel Douglas, in the Earldom of Marr.

Archibald Earl of Douglas and Galloway carried three coats quarterly, first
azure, a lion rampant argent, being the feudal arms of Galloway ; second, the
arms of Douglas as above for his paternal coat; third azure, three mullets argent,
the arms of Elizabeth his wife, daughter and heir of Sir Thomas Murray, Lord of
i>ot\wit\\, panitariiis Scotia, with whom he got the lordship of Bothwell ; and the
fourth quarter as the first. It is to be observed, that this Earl and his father Earl
William, quartered their wives' arms, being heiresses, with their own ; which it
seems was our ancient practice, as well as to marshal them, as by impalement, or
by way of inescutcheon. This Earl had nothing of the arms of Marr, so that they
entirely belonged to Isabel Countess of Marr.

Lady Isabel Douglas Countess of Marr, married Alexander Stewart, natural son
of Alexander Stewart of Badenoch, Earl of Buchan, fourth son of King Robert II.
He is nevertheless called the eldest son of the Earl of Buchan, in a charter granted to
him anno 1404, by his lady Isabel Douglas Countess of Marr : by which charter
she gives him the Earldom of Marr and Lordship of Garioch, in consideration of
the marriage : and no doubt it was also in consideration of that marriage that
he is said to be the eldest son of his father ; which does not follow that he was
not a bastard : For if he had been £ lawful son, he had certainly succeeded
his father in the earldom of Buchan, which earldom went to John Earl of
Buchan, a younger son of Robert Duke of Albany. Alex.\.nder Stewart Earl
of Marr, by right of his wife, as said is, carried for arms on his seal, which I have
seen, quarterly, first and fourth or, a fcbse cheque (for Stewart), between three
open crowns gules, which were the figures of the lordship of Garioch, and in these
quarters he had no mark of illegitimation ; second and third, the arms of Marr
as before, azure, a bend betwixt six cross croslets fitched or : He was commander
in chief at the battle of Harlaw anno 141 1, a man of great honour, an ornament
to his country, and died without issue aiaw 1426. The earldom afterwards fell
into the king's hands, and the sons of the royal family were afterwards designed
Earls of Marr.

Many of our ancient families, since the reign of King Robert II. have been in
use to quarter the arms of other families with their own, upon account of alliances
and other considerations. Many of our ancient and principal families, as tveith
Earl Marischal, Hay Earl of Errol, Ogilvie Earl of Au-he, Carnegie Earl of Sduth-
esk, Forbes Lord Forbes, and many great barons too numerous here to mention,
have only been in use, and to this day, to carry their single paternal coats. Perhaps
many of them have had no occasion to marshal their arms with others, and some
of them have had good right to quaiter the arms of other families, upon the ac-
count of alliances and other considerations ; but upon what reason they have
forborne them I cannot pretend to know. Perhaps, upon the mibtaken notion,
that the more single and plain the coat of arms be, it is the more honourable, and
shows a principal family. But what does it lose of that appearance of honour,
when marshalled plain and simple with other arms, upon the account of an ho-
nourable alHance, noble feus, and other additaments of honour .' Since it has been,
for many ages, the general practice of kings, princes, and nobles, to marshal other

Vol. II. M

46 OF MARSHALLING ARMS, ^c .

arms with their own, as rather an additament of honour than a diminution of it,
and which does not in the least alter the quality of the bearer, according to the
opinion of lawyers ; as Hoppingius de Jure Insigiiium, cap n. " Cumulatio insig-
" nium est argumentum aucti honoris; insignium siquidem auctione, honor et
" dignitas personae superveniens, ejus qualitatem nunquam mutat aut extin-
" guit."

That some of our ancient families, as I just now said, have had right to quarter
the arms of other families with their own, upon the account of marriage, and have
not done it till of late, appears from what follows.

The ancient and noble family of Maule, who carry, for their paternal arms,
parti, argent and gules, a bordure charged with eight escalops, all counter-changed
of the same, is originally French ; and have their name from the Lordship of
Maule, near Paris, their first and original lands, in latter times erected into a mar-
quisate. [Description of the Generality of Paris.]

Ansold Lord of Maule, and Rectrude his wife, made a donation to the priory
of St Martine des Camps, at Paris, in the year 1015, mentioned by Laboureur in
his History of Chamont ; and his son Guarin Lord of Maule, with Hersende his
wife, is named in a charter of Robert King of France, to William abbot of St
Germains, before the year 103 1. (History of Montmorency by Du Chesne.) He
was succeeded by his son Ansold, called by Ordericus Vitalis, for his great riches,
Dives Parisietuis ; who left Peter, his heir, and Stephen, grandfather to Grimald
de Maule, who, says Ordericus, was at the taking of Jerusalem in 1098, with
Godfrey of Boulogne. Peter, next Lord of Maule, made a very great figure, with
consent of his proceres et 7iiilites, says the above author, who lived near that time.
He founded a priory at his town of Maule, for Benedictine monks of St Euvroul,
to whom he gave his churches of St Mary, St Germain, and St Vincent, with
many lands ; by his charter dated in the 1077, printed at length in the Histories
Normanwjrum Scriptures, p. 587 ; and in the year 1098 he was general of the
French army against King William IL of England, who had invaded France, and
obliged that Prince to raise the siege of Mountfort, and conclude a truce and re-
turn to England. (Du Moulin's History of Normandy, page 267.) By Guindes-
moth his w'ife, of a noble family in Champagne, he had four sons and as many
daughters. Of the last, one was married to Baudry Count of Dreux, son to
Baudry Constable of France ; another to Gaucher Lord of Poissy, whose descen-
dants were heritable Pantriers of Normandy ; and a third to Hugh Lord Voisins, pre-
decessor to the Seneschals of Toulouse. Ansold Lord of Maule, his eldest son,
was a great captain, and famous in the wars of Italy and Greece : he was with
Robert Duke of Apuha at the siege of Durrazzo, and distinguished himself at that
great battle where Alexis Emperor of Constantinople was overthrown, anno 1106.
He confirmed his father's donations to the priory of Maule, in presence of his
barons and knights,' whom he caused do homage to his eldest son Peter. (Orderi-
cus Vitalis, page 589, 590.) He married Odeiine Mauvoisine, daughter to Ra-
dulph Lord of Rony, Governor of Mante, and died anno 11 18. His son Peter de
Maule, was one of the powerfullest lords of that time ; he was one of the P'rench
generals at the battle of Brenville, fought in 11 19 against King Henry I. of Eng-
land, and, in the year 1138, he went to the siege of Breteuil, accompanied with
forty knights ; but, his power rendering him suspected. King Lewis le Gros
came and demolished his strong castle of Maule. (Ordericus and Du Moulin.) He
married Ade daughter to the Earl of Guines, and niece to the Lord of Montmo-
rency, and was succeeded by his son Roger, who married Idone daughter to Wa-
lon Viscount of Chaumont, and Matilde de Montmorency his wife. She is men-
tioned with him in an agreement he made with the Chapter of Paris in the 1195.
(Grand Pastoral of Paris.) He had Peter, Robert, and Simon de Maule, abbot of
loinville. (Gallia Christiana). Peter III. of that name gave certain vineyards
lying in his Lordship of Maule to the abbacy of Joinville, by his charter in the
year 1224. Of which I have seen an attested copy from the writs of that abbacy,
having his seal appended to it, which is very large ; and thereon a shield of his
arms, being a parti, with a bordure of nine escalops, and the legend SigiUwn Petri
de Maulia.\ He is also mentioned by De la Rocque in his treatise Bu Ban et
Arriereban, among the Seigneurs of France summoned to attend the King in his

OF MARSHALLING ARMS, ef. .

47

wars anno 1236, and again in 1242. He was succeeded by his brother Robert,
who was in thj expedition to the holy land with the Duke of Brittany and many
French lords anno 1237, where he was taken prisoner by tiie Turks ; and, at his
return, founded the priory of St Leonard, in his barony of Panmure, which hes
contiguous to Maule. His arms are done in ancient painting in the church of
Maule ; the shield coiiche, parti, ardent ^nd gules, within a bordure j.7/;/r, of twelve
escalops of the first, with helmet, mantling, and wreath ; upon which are three
ostrich feathers or, for crest, and supported by two savages, proper, wreathed about
the middle ; which ancient arms are cut in the Plate of Achievements. Below the
arms is this inscription in old French : " Messire Robert de Maule, lequel fut
" prisonnier en Turquie, &■ a son retour fonda le perieure de St Leonard, assis dans
" la Baronnie de Panmor, comme ill se veoit par les lettres de !a fondation dudit
" prieure datte de Fan mil. "

The arms of his son Bartholomew Lord of Maule, are also painted in the church,
differing nothing from his father's, save that the supporters are two lions, proper ;
and below are the following words :

" Messieur Bartholemy de Maule, filz de Robert, lequel dona aux religieux de
" Joyenval le fief de Andeleu, assis en cette Baronnie, comme il se veoit par la
" Chartre de don en L'Abbaye dudit Joyenval, datte de 1' an mil deux cent."

He died in anno 124B, according to the obituary of the abbey of Joinville, and
was succeeded by his son WiUiam, who to a deed in favours of that abbey, dated
1263, appends his seal, of which 1 have seen a copy, being a shield a. parti, as be-
fore, and a bordure of eight escalops ; the fixed number now born by the family
of Panmure, and the legend, S. Giiill. de Maule ^rmigeri ;+ He married Sidelene,
daughter to John Lord of Torotte, Governor and hereditary Butler of Champagne,
by whom he had Hugh, father to Peter Lord of Maule, who gives a charter to
the priory of Maule, dated anno 1306 ; and has his arms also painted in the church,
wiih lions for supporters, attended with an ancient inscription, such as those al-
ready given. Another Peter, his grandson, married Julietta des Essars, daughter to
the Lord of Ambleville, and had Bertauld his heir, and Robert de Maule, Master of
Requests, and Counsellor to Charles VI. King of France, in his Parliament of.
Pans. (Extract out of the Register of the Parliament of Paris ad annum 1388.)
Bertauld, in the inscription on his tomb, stiled Seigneur de Maule et Mon-
tainville, is frequently mentioned in the wars during the reign of King Charles
V. who beat tlie English out of France ; he married Jacqueline, daughter to
the Seigneur de Blainville, Marischal of France, by whom he had Robert last Lord
of Maule in France, whose arms are yet to be seen in the Notre Dame Church
of Maule, with two eagles, proper, for supporters, accompanied with the following
inscription:

" Messire Robert de Maule, fik de Berthault, lequel fut marie a Dame Anne,
'• d'Anguilliers, ainsi qui'l se veoit parle traite' de leur mariage datte de V an mil
'• III"- IIIF'^- VII. &- mourut au voyage d' Hongrie."

He died at the battle of NicopoUs in Hungary, fought against the Turk in
the year 1398, being then possessed of the Lordships of Maule, Panmure, Mon^
tainville, and HerbviUe : all which great estate went to his daughter and heir
Reginolde de Maule, married to Simon de Morainvilliers, Lord of Flacourt, Pan-
trier to the Dauphin, and Governor of Chartres and Mante. Her arms, in lozenge,
are also painted in the church with those of her husband, which are argent, nine
martlets sable, accompanied with an inscription ; part of which I have given
in the first volume of this work, page 359. Her descendants the Morainvilliers
Lords of Maule, carried the coat of Maule quartered with their own, from whom
it went, by marriage, to the Harlays of Sancy, stiled in their titles Barons of
Maule : and their heiress again was married to the Marquis of Villeroy, grand-
father to the present Marischal and Duke of Villeroy. This account of the Lords
of Maule in France, beside the printed authors above cited, is taken from their
charters, donations to abbeys, and other authentic deeds, to many of which their
seals are appended ; whereof I have seen copies attested by the Sieur Clarembalt,
Genealogist to the King of France : I have also seen draughts of their arms that
are in the church, and the inscriptions given above, with a great many more on
the glass-windows and tombs in the church, and others on the old castle of Maule,.

48 OF MARSHALLING ARMS, iJc.

too long to nienlioii liere, all taken and panited upon the place, with an instru-
ment thereupon by Mr Chevillard, Genealogist of Faris.

A son of the Lord of Maule came over to England with William the Conqueror;
as appears by the list of that Prince's followers hi Hollin^lied, Vol. IL page 296 ;
and was rewarded by the Conqueror with the Lordsliip of Hattoun de Cleveland
in Yorkshire, out of which Robert and Stephen del Maule make donations to
the abbey of Whitby, in the reign of King Henry 1. about the year 1130. (Mo-
nasticon Anghcaii-.mi, Vol. U. page 75. _) They were great barons of England, and
flourished several generations ia that kingdom : The last of them I find there is
Serlo de Maule, one of the peers at the coronation of King Henry HI. anno 1216,
mentioned by John Fox.

This name having come out of England soon after the conquest, with several
other Normans and French, is found among the earliest with us in Scotland. Wil-
liam de Maule is witness to several charters in the chartulary of St Andrews, in
the reign of King David L before the year 1152. He got fro'm King David the
lordship of Fouhs in Perthshire, out of which he made several donations to the
priory ot St Andrews. (Chartulary of St Andrews.) Sir Richard de Maule is wit-
ness to William Lord of Foulis's donations, who designs him Nepote meo ; and also
to other charters in King William and King Alexander's reigns ; He seems to be
father to Sir Peter and William de Maule, Archdeacon of Lothian, witness to some
of King Alexander's charters in the chartulary of Newbottle. Sir Peter de
Maule married Christian de Valoins, daughter and heir of William de Valoins,
Lord Panmure, and great Chamberlain of Scotland; and got with her the baronies
of Panmure and Benvie; for which the family of Panmure carry, with their pa-
ternal arms, those of Valoins, blazoned in the First Part of this Work. There is
in the chartulary of Arbroath a solemn agreement of this Sir Peter de Maulia,
Dominu% de Fanmure, and Christian his wife, with the Abbot of Arbroath, in pre-
sence of Alexander Earl of Buclian, Justiciar of Scotland, dated 1254. And that
same year, after his death. Christian de Valoins granted a charter for homage and
service, to John de Liddel of her lands of Balbenny and Panlathy, which Bomtnus
Petnis de iMauita, her husband, had formerly granted to Thomas de Liddel his
father : to which charter her seal was appended, having thereon a lady in a long
vesture, with a ialcoii on her hand, without any armorial ligure, and the legend
S. Christine de I'aloirs, D — e de Panmore. They left two sons. Sir William and
Sir Thomas de Maule, Governor of the Castle of Brechin, which Matthew V\^est-
mmster says, '■ He long and gallantly defended against King Edward L of Eng-
land, till be was slain in anno 1303." Sir IVitiiam de Maule, Bomimis de Panmore,
is one of the barons of Scotland who swore fealty to King Edward I. in the year
1 291. (Rymer's Foedera, Tom. H. page 57c.) In anno 1293 he grants a charter
of his lands of Benvie and Ballrutherie to Rodolph de Dundee ; which the Scrim-
geuurs. Constables of Dundee, held long of the family of Panmure. He married
Etham, daughter to John de Vaus Lord Dirleton, and Sherit^" of Edinburgh, by
whom he had Sir Henry de Maule, who sided with King Robert Bruce, by whom
he was knighted, and is designed Henriciis de Muide, miles, Jiliiis IVillielmi de
Maule, mitttis, Domini de Panmore, in a charter of that King's, dated at Dundee
the 24th year of King Robert 1. his reign. He gives his lands of Carmylie, lying-
in the barony of Panmure, to Alexander de Strachan, by a charter sine data, testi-
hus Joanne Episcopo Brechin, IViliielmo de Montealto, &-c. ; to which his seal of
arms is appended, being of the same size with those of the barons, affixed to the
letter to tiic Pope, anno 1320 ; and thereupon a shield couche, the field parti, and
a bordure of eight escalops, without any exterior ornament or legend. His son
Walter de Maule, next Baron of\Panmure, gave a charter of his lands of Carnegie,
lying in the barony of Panmure, to John de Banhaird, to be held of him and his
heirs, confirmed by King David U. (Haddington's Coll. p. 574.) He grants also
his lands of Moncur to Henry Strachan de Carmylie, by a charter, anno 1346,
to which his seal is appended, being much larger than his father's, and thereon a
shield couche charged with the same bearing, viz. a parti, and a border of eight
escalops, and honourably trimmed with helmet, mantle, and wreath; upon which
is a dragon's head spouting out fire, and the wings erected, and the legend round the
seal, S. Gault. de MaulL The seal with which this was impressed, though much

OF MARSHALLING ARMS, ^c. 49.

worn, is yet extant, being of silver, and cut in the Plate of Achievements, and
is the most ancient seal that 1 have seen. He died in the year 1348. (Chartulary
of Brechin.) William, Baron of Paumure, his son, married Marion Fleming,
daughter to Sir David Fleming, predecessor to the Earl of Wigton, by his first
wife Jean, daughter to the Lord Brechin, and was father to Su Thomas Maule,
who was killed, with all his name, at the bloody battle of Harlaw anno 1411;
by which this family would have been extinguished, if his lady, a daughter of the
Lord Gray's, had not been with child, who, after her husband's death, bore a son.
Sir Thomas Maule, designed Lord of Panmm'e in a deed betwixt him and John
Lyon Lord of Glammis. It was this Sir Thomas, as heir to his grandmother, who
laid claim, at the Earl of Atlijol's death, to the Lordship of Brechin ; which being
included in Athol's forfeiture. Sir Thomas recovered only the lands of Hcdder-
wick, Jackstoun, and Staddockmoor, with Leuchland's part of the lordship of
Brechin ; but afterwards the timiily of Panmure came to enjoy tlie whole lord-
ship, with the title of Lord Brechin, and carried the Lord Brechin's arms with
those of Maule and Valoins ; as marshalled in the First Part of this Work. His
son Sir Thomas, third of that name, was very eminent in the reign of King James
III. being stiled in many writs, Nobilis et potens Domiruis Thomas Mxiuh,. Dominus
de Panmure, and married Elizabeth Lindsaj', daughter to Alexander Earl of Craw-
ford ; whose mother was the Lady Margaret, lawful daughter to King Robert II.
His eldest son, Alexander, married Elizabeth, daughter to Sir David Guthrie of that
Ilk, Lord High-Treasurer of Scotland, and was designed of Camcstoun and Hed-
derwick, in several charters, (which I have seen) before the year 1491, to which
his seal is appended, and on the shield a parti, with a bordure of eight escalops, and
a label of three points in chief, as a difference; for he died before his father, who
was succeeded by his grandson Sir Thomas Maule, fourth of the name, killed
With King James IV. at the fatal battle of Flodden, a?ina 1513, whose son was Robert
next Baron of Panmure, active in the wars during the minority of Queen Mary,
being of the French faction, and against the union with England.

His great-grandson was Patrick Maule Earl of Panmure, Gentleman of the Bed-
chamber to King James VI. and King Charles I. Keeper of his Majesty's House and
Park of Eltham in England, and Sheriil-Principal of Angus. He married three
wives, first Frances Stanhope, daughter to Sir Edwai'd Stanhope, Lord President of
the North. Secondly, Mary Waldrum, Maid of Honour to King Charles I. his
queen, and a near cousin of the great Duke of Buckingham: And, lastly, Ladv
Mary Erskine, daughter to John Earl of Marr, Lord High Treasurer of Scotland.
His daughters were married to the Earls of Kinghorn, Linlithgow, and Northesk.
His eldest son, George, second Earl of Panmure, served the king in the civil war
as colonel of a regiment of horse, and married Lady Jean Campbell, eldest daugh-
ter to John Earl of Loudon, Chancellor of Scotland, by whom he had George Lord
Maule, James Maule of Balumbie, afterwards Earl of Panmure, Mr Hary Maule of
Kelly, and Lady Mary, married to Charles Earl of Marr. George, tliird Earl of
Panmure, was one of the Lords of the Privy-Council to King Charles H. and King
James VII. and married Lady Jean Fleming, only daughter to John Earl of Wig-
ton; but, dying without surviving issue, was succeeded by his brother James, fourth
Earl of Panmure, who was of the Privy-Council of King James VII. and married
Lady Margaret Hamilton, daughter to William Duke of Hamilton. I have al-
ready given the full achievement of the Earls of Panmure in the First Volume of
this Work, page 360, which I here repeat again, viz. quarterly, first parted per
pale, argent and gules, a bordure charged with eight escalops, all counter-changed
of the same, for Maule; second argent, three pallets waved gules, for the Valoins;
third quarter, quarterly, first and fourth azure, a cheveron betwixt three crosses
patee, argent; second and third or, three piles issuing from the chief, conjoined by
the points in base gules, for Barclay Lord Brechin; and the fourth grand quarter
as the first: Which arms are adorned with crown, helmet, and volets, befitting
their quality; and, on a wreath of their tinctures, a dragon vert, spouting out fire
before and behind, proper, for crest; with the motto, on an mcrol, dementia el
animis; and supported by two greyhounds, proper, collared gules, charged with,
escalops argent.

Vol, IL N

50 OF MARSHALLING ARMS, ISc

The branches of this noble family that I have found are these following, accord-
ing to the time of their descent from the principal stem, though many of them have
neglected to register their arms with proper differences.

The fast is Maule of Boath, descended of William Maule, second son to Sir
Thomas Maule of Panmure, killed at Flodden: This William married Janet Car-
negie, daughter to John Carnegie of Kinnaird, predecessor to the Earls of Southesk,
by whom he had Thomas, killed at the battle of Pinky, and David Maule of Boath,
who, by Katharine his wife, daughter to David Balfour of Tarry, had David Maule,
also of Boath, whose wife was daughter of Lindsay of Kinnettles : His son, Hary
Maule of Boath, married Grissel Seaton, daughter of Seaton of Touch. The lineal
succession continued till the reign of King Charles L There are severals descend-
ed of this firaily, as the Maules in Sweden, of whom James Maule was President
of the Police, and Intendant-General of the Mines of that kingdom ; and another,
a Major-General in the King of Denmark's service. Captain John Maule, whose
father was a younger son of Boath, carried parted per pale, nehuU, argent and
gules, a bordure of eight escalops, all counter-changed ; crest, a sheaf of corn, pro-
per: motto, Iiidustria ditat. N. R.

Maule of Melgum, parted per pale, argent and gules, on a bordure wavy eight
escalops, all counter-changed. The first of this family was Hary Maule of Inner-
peffer, eldest son of Robert, Baron of Panmure, by his second wife Isabel Arbuth-
not, daughter of Sir Robert Arbuthnot of that Ilk. He had Henry Maule of Mel-
gum : His son, James Maule of Melgum, married Marion Ogilvie, daughter to
Ogilvie of Innerquharity.

Thomas Maule, who was a second son of Melgum, gave the partition line waved;
thus, parted per pale wavy, argent and gules, on a bordure eight escalops, all coun-
ter-changed.

NL^ULE of Guildie. The first of this family was Andrew Maule, one of the Gen-
tlemen Pensioners to King James VL and second son of the second marriage to
Robert Maule Baron of Panmure.

Maule of Pitlivie and Ardouny, descended of Thomas Maule, fifth son to
Thomas, fifth of that name, Baron of Panmure. Of this branch there ha^e been
several honourable persons, as Robert Maule, Esq. Page of Honour to King
James VI. and Gentleman of the Privy-Chamber to King Charles I.; and Thomas
iVIaule, Esq. Gentleman of the Bed-Chamber to Prince George of Denmark ; and
a flourishing family of the Maules in Ireland, whose arms are not registrate in our
hooks.

Maule of Balmakelly, second son to Patrick Earl of Panmure, and Frances
Stanhope his wife, was colonel of a regiment of foot in the service of King Charles U.
He married a daughter of the Earl of Wemyss.

James Maule of Balumbie, second son to George Earl of Panmure, before he was
Earl, carried the simple arms of Maule, with a crescent for difference.

And Mr Hary Maule of Kelly, the third son, carried first the paternal arms of
Maule, with a mullet, and afterwards the quartered coat of Panmure, with a cres-
cent for difference, with crest and supporters; the same with his brother the Earl
of Panmure, being now the only representative of this noble family : motto, de-
mentia et animis.

The second way of marshalling arms in one shield, called by Sir John Feme
a quartered coat, is when there are more than two coats quartered together ; then
the fourth quarter is not always the same with the first, nor the third quarter the
same with the second, but different arms; which shows the bearer's alliance to
several families.

The Stewarts Earls of Traquair carry four coats, quarterly, first Stewart,
second Buchan, as descended of a younger son of Stewart of Buchan, a branch of
the Stewarts Earls of Athol ; third sable, a mullet argent; and fourth argent, an
orle gules, and in chief three martlets sable, for marrying one of the heiresses of
Rutherford of that Ilk, in the reign of King James IV.

Campbell Earl of Breadalbane carries three coats quarterly; first gironne oi
eight pieces, or and sable, his paternal coat ; second argent, a galley sable, her sails
trussed up, and oars in action, for Lorn; third or, a fesse cheque, azure and argent,

OF MARSHALLING ARMS, i^c- 51

as descended of one of the heiresses of Stewart of Lorn; the fourth quarter as the
first.

^lartered Arms have sometimes an inescutcheon surmounting them in the
centre, which contain arms of alliance, paternal or feudal ones. Which httle
shield or inescutcheon was called, of old, by our heralds, a moyen in fesse; by the
English, an escutcheon of pretence; and by the French, a surtout; because it covers
some part of all the four quarters ; and the Latins say, media re^'ioni incumhit
parmula.

As for the antiquity of bearing an inescutcheon over arms, we find it anciently
used by the Emperors of Germany; for they always placed an inescutcheon of their
paternal coat on the breast of the imperial eagle, to show that they were elective,
and out of what family.

Guillim observes, that in the reign of Richard IL of England, Simon Burly bare
over his own arms an inescutcheon of the arms of Hussay. The first bearing of an
inescutcheon over arras that Sandford gives us, is that of Richard Duke of Y(jrk,
who, in the year 1442, carried, quarterly, quartered, first France and England
quarterly, with a label of three points argent, charged with nine torteauxes;
second Castile and Leon quarterly; third Mortimer and Burgh, quarterly; and
fourth as the first. Which first quarter were his paternal arms, as descended of
King Edward III. and the third quarter was his maternal : And over all an in-
escutcheon gules, charged with three lions passant gardant or, within a bordure
argent, for Holland, being these of his grandmother Eleanor Countess of March.

The ancientest bearing of an inescutcheon or surtout that I have met with, was
on the seal of arms of John Earl of FLANr^ns, son and heir of Philip the Bold
Dulce of Burgundy, and his wife Margaret, Countess and heiress of Flanders. This
Earl John carried the arms of his father, Burgundy modern and ancient, quarterly;
and the arms of his mother, being those of Flanders, on an inescutcheon over all,
anno 1404, which were continued so marshalled by his son and successor till the
good Duke of Burgundy added more qu::rters.

The ancient and honourable family of the Hays of Yester, now Marquis of
TwEEDDALE, have carried anciently quartered arms; for, in the year 1420,' Sir
William Hay, Knight, Sherift' of Peebles and Lord Yester, carried then quarterly
the coats of Eraser of Olivercastle, and GiFFORD of Yester, upon the account of
marriages with the heiresses of these lamilies, and placed his own paternal arms in
an inescutcheon over all ; as appears by his seal of arms appended to the charter
of foundation of the Collegiate Church of St Bathans, anno 1421.

Livingston Earl of Linlithgow has his paternal arms quartered with those of
Callender of that Ilk, as a coat of alliance; and that anciently, upon the account
of marrying the heiress of Callender of Callender, viz. quarterly, first and fourth
argent, three cinquefoils gules, within a double tressure counter-flowered vert, for
Livingston ; second and third sable, a bend betwixt six billets or, for Callendar ;
over all, on an inescutcheon azure, an oak tree or, within a bordure argent,
charged with eight cinquefoils gules, as a coat of augmentation for the title of
Linhthgow. This noble family had for some time of late gilliflowers, in place of
cinquefoils; as in Sir George Mackenzie's Science of Heraldry.

Sir Thomas Home of that Ilk, in the reign of King Robert III. married Nicola,
Pepdie, heiress of Dunglass, with whom he got that barony, and impaled her arms
with his own, which I have seen cut upon stone in the chapel of Dunglass. Their
son and heir Sir Alexander Home quartered Home and Pepdie ; as appears by his
seal appended to writs, anno 1445, which I have seen. • His son and heir again
maiTied Margaret Landels, heir of the Lord Landels ; and his son Alex.ander first
Lord Home, placed by way of surtout over his quartered arms, an inescutcheon of
the arms of Landel, being or, an oiie azure.

As for the marshalled arms of the families of the Earl of Marchmont, Home of
Wedderburn, and others of the name, I have given an accoimt of them in the First
Part of this System.

It is to be observed, that in all arms quartered with coats of alliance, the paternal
coat is either placed in the first quarter, or in surtout, as in the above examples of
Hay of Tweeddale, Home, &.c.

52 OF MARSHALLING ARMS, "iSe.

The third way of marshalling many coats of arms in one shield, by the above-
named author, is called arms quarterly quartered; that is, when some or all the
four areas of the shield, commonly called the grand quarters, are agaui quartered :
an instance of such counter-quartered arms I have given a little before, being
those of Richard Duke of York ; and I shall add, for another, the arms of VV illiam
Earl of Selkirk, eldest son of William Marquis of Douglas, by his second lady,
Mary Gordon, daughter to the Marquis of Huntly, who married Anne, eldest
daughter and heiress of James Duke of Hamilton; upon which he was created
Duke of Hamilton for life in the year 1661, and carried, quarterly, first grand
quarter quartered, first and fourth gules, three cinquefoils ermine, for Hamilton;
second and third argent, a ship with her sails trussed up sable, for the title of
Arran, as carried by the family of Hamilton. Second grand quarter, the arms of
Douglas, argent, a man's heart gules, ensigned with an imperial crown or, and, on a
chief azure, three stars of the first. Third grand quarter as the second, and the
fourth as the first. Here the arms of Hamilton are preferred to those of his own,
being marshalled in the first quarter, upon the account, as I think, of the feudal
dignity being invested in that dukedom only for life, and obliged to take upon
him the name of the family; upon which account the wife's or mother's coat is
sometimes placed in the first and fourth quarters, when the huiband or heir derive
not only their heritage, but their title and dignity from the wife or mother ; as Sir
George Mackenzie observes, who gives for instance the bearing of Ekskine Earl of
Marr, as descended from the old Earls of Marr, who place the arms of Marr be-
fore those of Erskine; as did also Lyle Lord Lyle, upon pretension to the Earldom
of Marr, quarter the arms of Marr in the first place before his own : And Mr James
Montgomery of Lainshaw, as representative of the family of Lainshaw, and Lord
Lyle, takes upon him the title of Lord Lyle, whose descent see in the First Part
of this System, page 216, and page 377, where he carries, quarterly, first grand
quarter quartered ; first and fourth azure, a bend betwixt six cross croslets fitche
or, for Marr Earl of Marr; second and third gules, a fret or, for Lyle Lord Lyle :
second grand quarter, argent, on a fesse azure three stars of the first, for Muir of
Skeldon: third grand quarter as the second, and fourth as the first; and over all,
by way of surtout, the quartered coat of Montgomery Earl of Eglinton; crest, a
cock rising; supporters, two leopards, proper: motto, An I may.

This practice of placing the wife's or mother's arms before paternal ones, is upon
account the wife or mother are of more eminent nobility than the husband or
father. I shall add some instances here of this practice in England, in marshalling
the arms of their wives and mothers as heiresses, on account of their eminency and
dignity, before those of the father or son, which has been done by Knights Com-
panions of the Most Noble Order of the Garter, as appears by their plates of arms
on their stall in Windsor-Hall, so marshalled by the care of the Garter, principal
King of Arms in England ; as Ashmole gives them in his Institution of that Order,
chap. 26. sect. 4. p. 718.

Richard Nevil, who married Eleanor-, daughter and heir of Thomas Montacute
Earl of Salisbury, being created Earl of Salisbury, after his father-in-law's decease,
bore for arms, as on the back of his stall in Windsor, as a Knight of the Garter,
first and fourth quarter counter-quartered, viz. first urgent, three fusils in fesse
gules, for Montacute; second or, an eagle displayed sable, for Monthermer; third as
second, the fourth as first, being the quartered arms of his father-in-law, with his
paternal ones in the second and third quarters, viz. gules, a saltier argent, and in
chief a lambel of three points compone of the last, and azure. This Earl's eldest
son, with his wife Eleanor, having married Anne, sister and sole heir of Henry
Duke of Warwick, marshalled her arms first, and next his mother's; and both be-
fore his own. After the same manner, William Nevil, who married Jean, daughter
and heiress of Thomas Lord Falconbridge, placed her arms in the first quarter, or,
a lion rampant azure; and his own in the second quarter, gules, a saltier argent,
charged in the centre with a mullet sable, for his difference. He was idso a Knight
of the Garter.

The first quartered arms that I meet with, as I observed before, were no sooner
than in the reign of King Robert II. ; for, before that time, there were only single
coats to be seen; but after the custom of marshaUing once began, those who mar-

OF NL\RSHALUNG ARMS, Wc. 53

ried' heiresses, and got honourable possessions by them, were fond tnough to show
their aUiances, titles and dignities, and pretensions to the same.

The ancient family of Ogilvie of that Ilk carried only, of old, oi\ a lion />«j-j-a«^
Sardant gules, collared and crowned with an open crown, and not with an arched
one, as now represented ; for there were none of that form either in Scotland or
England^when this family matched with the daughter and heiress of Ramsay of
Auchterhouse, about the reign of King Robert II. and with her got the lands and
designation of Lord Ogilvis; of Auchterhouse soon atter, as appears by their seaK
appended to evidents, on which they quartered the arms of Ramsay, viz. argent,
an eagle displayed sable, beaked and membred^/z/t-j, in the second and third quar-
ters, with those of Ogilvie in the fust and fourth; And many of the brandies of
this family carried the same, as Ogilvie of Innerquharity ; of whom before. Ogil-
VIC of Inchmartin, by marrying Christian Glen, one of the daugiiters and co-
heiresses of Sir John Glen of Inchmartin, in the reign of King Robert III. quarter-
ed the arms of Glen, viz. argent, a lion rampant sable, armed and langued gules,
in the second and third quarters with those of Ogilvie. Ogilvie of Findlater,
married the heiress of Sinclair of Deskford, in the reign of King James II. carries
now (luai'terly, first and fourth Ogilvie; second and third argent, a cross ingrailed
sable, for Sinclair. These arms are illimiinated, with many other barons' arms in
the House of Falahall, 1604, with this variation, that tlie lion in the first aiv.1
fourth quarters is not crowned, and below the Hon, in these tv/o quarters, is
placed a crescent gules. The first of this family is said to be a third son of Sir
Walter Ogilvie of Lintrathan, predecessor to the Earl of Airly, now chief of that
name, who cai-ries only the plain coat of Ogilvie.

Walter. Ogilvie of Banff gets a charter from George Earl of Huntly, (and is
thirein designed Armiger noster) of the lands of Auchannachy, in the forestry of
Boyne, anno 1491, and confirmed by King James IV., having married one of the
co-heiresses of Home of Ayton, carries, quarterly, first and fourth Ogilvie; second
and third argent, three papingoes vert.

Sir William Forbes of Pitsligo, son to Sir John Forbes Lord Forbes, in the reign
of King Robert III. married Margaret Fraser, only daughter of Sir William Eraser
of Philorth, and his. wife Agnes Douglas, a lady of the family of the Douglasses ;.
by her he got the barony of Pitsligo, whereupon that tamily have been in use to
quarter the coat of Fraser with their owm. This family was dignified with the
title of Lord by King Charles I. anno 1633.

Forbes of Tolquhon, in Buchan, a younger son of Forbes Lord Forbes, for mar-
rying the daughter and heir of Sir Henry Preston of Formartin, quarters the arms
of Preston, argent, three unicorns' heads erased sable, with their own : And, upon
the same account, Forbes of Riras, for marrying one of the daughters and co-
heiresses of Wemyss of Rires, quartered the arms of Rires with the arms of
Forbes.

I think I have given a sufTicient number of examples of arms of alliances. All
the quartered arms that I have met with belonging to Scots families, do not exceed
six difterent coats of arms, which are marshalled after these three ways, plain quar-
tering, quartering, counter-quartering, of which I have given examples with their
surtouts, or inescutcheons. With other nations, especially the Germans, we will
find thirty or forty diiferent coats of arms marshalled altogether in one shield ; of
whose various dispositions and methods of marshalling I have treated elsewhere,
and shall speak of them afterwards: But, first, I go on with the other causes of
marshalling many coats of arms in. one shield..

OF ADOPTION AND SUBSTITUTION

As THERE are many causes and occasions of obtaining at first a coat of
arms, so are there several causes and ways of augmenting them, by marshalling
others with them in one shield, as o^ces and alliances, of which before; and I pro-
ceed to others ; and, first, of adoption.

Anciently with many nations there was a custom, when the last person of a
noble house died withoat issue or successors, and the family came to be extinct.

Vol. II. O

54 OF MARSHALLING ARMS, ^r.

the arms thereof were buried with him in the grave, as John Baptista Christyn, in
his Juris prudentia Heroica, Art. 2. " Hinc recte institutum est, ut ultimo ejusdem
" famiUae extinctae, ipsa insignia cum ipso cadavere inhumarentur;" of the prac-
tices of which formality he gives several instances of old, and of late in Swedland ;
and the reason he gives, " Ne ignobiles nobilium deferant arma, familiasque con-
" turbent," i. e. that the ignoble should not assume the arms of an extinct fa-
mily, lest they disturb and confuse others with a pretended nobility.

A stranger, or ignoble person, according to our author, cannot assume the arms
of an extinct family without the consent of the sovereign, or of being permitted to
carry them by adoption, contract of marriage, testament, or other valid disposition
from those of the said extinct families, having had power to make such concessions.
I shall here add the second article about the same, from the edict of Albert, and
Isabel Infanta of Spain, Archdukes of Austria, and Dukes of Burgundy, published
the 14th December 1616, from the French copy. " We discharge all our subjects,
" and the inhabitants of the countries under our obedience, of what quality or
" condition soever they be, to carry or engrave the name or arms of other noble
" houses or families, albeit the line masculine of the same be extinct, saving and
" excepting the gentlemen to whom the same have been permitted by adoption,
" contract of marriage, testament, or other valid disposition from those of the said
" family, having power to make such concessions : Or those who carry the name
" and arms of such extinct families, have from us obtained express consent, and
" letters patent in due form, and caused registrate the same in tlie registers of our
" officers of arms, as shall be after declared, under the pain, that who shall do
" otherwise shall pay the fine of a 100 florins, over and above the reparation of
" what shall be done in the contrary."

Amongst the many ways of obtaining arms, of augmenting, multiplying and
changing them, is adoption.

Adoption, then, is a legal act, whereby one or many are brought into a family,
as lawyers say, " Actus legitimus per quern quis in alienam recipitur familiam,"
invented for the comfort of those who have no isue; and in case of failing of one,
others are substitute to succeed, according to the destination of the adopter.
Adoption is commonly called by the French, adfiliation, sic adoptivi vocantur ad-
filiati.

It is a great comfort and solace for one dying without issue, to have the beneiit
of a law or custom, to adopt other of his own kindred, or out of it, to perpetuate
the grandeur of his family in his name and arms, lest they go to oblivion in the
grave v/ith himself. And, as the custom is agreeable to nature, so is it of a very
long standing : For Josephus, in his History of the Jews, tells, that Abraham
adopted the son of Aram, his wife's full brother, before she had a son : And the
Scripture tells us, that the daughter of Pharaoh adopted Moses, and Mordecai
adopted Esther, the daughter of his uncle, Esth. chap. ii. ver. 7. It was the cus-
tom alio of other nations, especially with the Romans, to sdopt, and that those
whom they adopted went often under the name of the adopter. Octavius was
called Caesar, from Julius Cssar who adopted him. Pomponius Atticus was sur-
named Cecilius, from Q^ Cecilius his adoptive father, and the two sons of Paulus
^Smilius adopted by Fabius Maximus and Scipio Africanus, the one was named
Fabius and the other Scipio; and the ensigns of the adopters, as v^•ell as names,
passed from the adopters to those they adopted, by the custom of the Romans, as
that golden chain or collar used by the family of Torquati, from w liich they had
the name : which name and ensign descended to their posterity, as is to be seen
on the Roman coins ; and that when one of another tribe was adopted into this
family, he also did assume that badge or ensign of honour, as may be seen in
another medal relating to D. Junius Silanus, sometime Pr^tor of Macedonia, who
was adopted into the Manlian family of the Torquati ; as in Ashmole's Institu-
tion, chap. 7. sect. 6. page 219. And these adoptions were made by public
authority, and many ceremonies, which were used in several countries according to
their different customs, where many illustrious persons used this way of instituting
and naming their heirs to their estates, upon condition they take upon them the
name and arms of their families, and to use them on all occasions as they had
been their lawful begotten children, by a fiction of law. As Hoppingius de Jure

OF MARSHALUNG ARMS, iSc: 55

Insignium, par. 5. speaking of adoption, " Quamvis fictionein inducat, tameu
" quia fictio hasc legis est, St quidem accommodata ad, actum favorabilein, de quo
■' ipsa lex disponere posset, dicenduni vidctur, hoc perinde habeii, ac si vere &-
" per naturam, nomen et insignia ista adoptatus ferret." So the adopted may
carry the name and arms, as if they were their own, and as sons by nature. Cas-
san. Cut. G/or. Aluud. part 1st. says, " Such assumption of name and arms may
" be regularly made to the adopted, when there is no heir in the family, nor any
" other that can pretend right to the name and arms ; but if otherwise, the
" adopted cannot use them without the consent of all those in the family who have
" right to them." Other lawyers are of the first opinion; and some say, that
name and arms alone cannot be alienated, except the adopter and disponer give
with them his estate : And they say, " Quod multa cum universitate transeunt,
" qua: singulariter per se prohibentur."

By the general custom of Europe, he who has no children may give away hi.s
estate to a stranger, upon condition that he carry the name and arms of the
granter ; as Jurisprudential Heroica, " Usu tamen obtinuit, ut qui liberos non ha-
" bet, possit in alium transferre feuda sua & hereditatem, ea conditione, ut haeres
" ille, sea totaliter adoptatus, nomen & arma ferat adoptantis : " For which he
gives us two eminent instances ; one of them I shall here add, that is of the Prin-
cipality of Orange, in so far, that he that is prince is obliged to carry the arms of
-Chalon, or lose the pruicipality ; as appears by the testament of John deChalon,
first Prince of 0ii.vn"ge of that family, of the date the 21st of October 1417 ; as
also by testament of William Prince of Orange, the son of Lewis, the son of the
foresaid John, 1459 ; also by the testament of Johji the son of William, dated the
6th of April 1 5^2 ; also by a testament of Philibert, the son of John, in the year
1520. Which ordinance was put in execution by Rene, the son of Henry Count
de Nassau, and of Dame Clauda de Chalon, who leaving the name and arms of
Nassau, retained the name and arms of Chalon; and, dying without issue 1544,
with permission of the Emparor Charles V. instituted William Count of Nassau,
his cousin-german. Prince of Orange, who carried his arms as his successors have
done, quarterly, fiist azure, seme of billets, a lion rampant or, armed and langued
gules, for Nassau ; second or, a lion rampant gardant gules, (the French say for a
lion in this posture, leopard lioniie) crowned, armed, and langued azure, lor Cat-
zellenbogen ; third gules, a fesse argent, for Vianden ; fourth gules, two huns
passant gardar.t, or, (the French call them leopards) langued and armed azure,
for Brunswick, some say for Dietz, ; over all, by way of an escutcheon, gules, a
bend or, for Chalon, quartered with or, a hunting-horn azure, mouthed, ringed
and stringed ^a/^-j, for Orange: which arms are surcharged with cheque of nine
points, or and azure ; the French say Stir le tout du tout, cinque points cC or, equi-
poles, a quct.re cl' azure, for Geneva.

The other instance our author gives is from England, of the family of the name
of Percy, whose arms were sable, a chief indented or : William Lord Percy having
only a daugiiter, Agnes, who was married to Joceline de Lovaine, a younger son of
Godfred Duke of Brabant, who carried sable, a lion rampant or : Lord William
Percy adopted his son-in-law, who was obliged to disuse his own name and arms,
and carry only the name and arms of Percy,, which he and his issue performed,
tijl the practice of marshalling many arms in one shield ; Then the family quar-
tered the arms of Joceline de Lovaine with those of the name of Percy : And
again, Henry Percy Earl of Northumberland married the sister and heires of An-
thony Lord Lucy, for his second wife, and got with her a great estate, but she had
no issue to him ; he, with his lady's consent, gave that fortune to Henry Percy
surnamed Hotspur, a son of a former marriage, upon condition that he marshalled
the arms of Lucy, being gules, three lucy fishes, (/. e. pikes) haurient argent, with
his own ; so that the Earls of Northumberland of the name of Percy carried after
that, quarterly, first and fourth Joceline de Lovaine ; second and third Lucy ; and
in an inescutcheon, by way of surtout, the arms of Percy.

Lawyers tell us likewise. That when the adopter and the person adopted are
both noble, the last loses nothing of his native nobility, Dignitas per adoptionetn ac-^
quiritur vel augetur, non minuitur.

56 OF MARSHALLING ARMS, ^c.

If the adopter be ignoble and tlie person adopted noble, there is no detriment to.
the last, who still keeps the nobility of his blood, Aioptio mutat gentem, non genus :
and here there is no question about arms. But,

When a noble person adopts an ignoble one, the question is. Whether the ignoble
becomes noble by adoption ? Hoppingius de Jure Insignium, cap. 7. is for the affir-
mative ; but generally all lawyers are for the negative, and tell us, Nobilem ex ig-
nobili adoptio non facit ; and that the ignoble adopted has no right to use the armo-
rial ensigns of the noble adopter. Sir John Feme, in his Glory of Generosity,
page 67. says, " That the ignoble cannot succeed more to the honours of their
" adoptive fathers, than bastards to their fathers ; " and regrets such a succession
in England, where many of a base and ungentle state, as adopted sons, do inherit
the names, possessions, and arms of their adoptive fathers, whereof some are in the
counties of Hampton, Huntingdon, and Worcester.

Adoption, says our last named author, is an alienation, and any man may give
away his estate to a stranger ; but his arms, the ensigns of his nobility, he can-
not, so long as any of his kindred are ahve, yea, if there be but a ba.stard
remaining capable of the King's legitimation ; as in his forenamed book, page
299.

This author adds three observatiojis, when a person leaves his estate to another,
upon condition to use his name and arms. " First, That he who is so benefited
" and enjoined must carry both name and arms, and so fulfil the testament.
" Secondly, If the heir, a stranger, be of more noble blood and family than the
" adopter, he is then not obliged by the testament to disuse his own name and
" arms, but may quarter the arms of the disponer, if he pleases, after his own.
" And thirdly. If the heir be of inferior blood and dignity, he is obliged to leave
" his own name altogether, as also his proper arms, except he marshal them after
" the adopter or disponer's arms."

By our law we have no formal adoption, to speak properly, but materially, the
same way of conveying of estates and possessions to strangers and others, who
could not have otherwise succeeded but by alienation and disposition, with consent
of authority, especially as to conveying of honours : which way I take for a kind'
of adoption, and call the arnrs of such persons who enjoy the estate, name, and,
arms of others so disponed to them, Anns of Adoption, to distinguish them immAiins
of Alliances, treated of in the former title, which the bearers, as general heirs
to them, may carry or not carry as they please : but here those who obtain estates
by this way of adoption, are obliged, by the destination of the disponer, to carry
his name and arms, or to marshal them with his own. What the learned Sir
George Mackenzie says, as to this point, in his Science of Heraldry, page 80, I
shall here add : " That the learnedest antiquaries and lawyers conclude, that when a
" person leaves his estate to another, upon condition that he shall bear the disponer's
" name and arms, he who is to succeed is not by condition obliged to lay aside his
" own name and arms, but may quarter his own arms with those of the disponer,
" except the disponer do, in the institution, prohibit the bearing of any arms be-.
" sides his own, and the heir, in marshalling his own and the disponer's arms, may
" use what order he pleases, by giving the first quarter either to his own or to the
" disponer's, except the contrary be expressed in the institution."

It is evident then, that adoption, and such way of leaving estates behind them,
may be said to have been the cause not only of disusing arms, by carrying those
only of the adopter or disponer, but also of marshalling or quartering the heirs' arms-
with those of the adopter's or disponer's, whether of kindied or strangers.

Some have relinquished both their name and arms, and only used those of the
adopter's or disponer's, altogether strangers to one another; as of late with us
John Biggar of Woolmet, nominate as his heir, Wallace, a nephew of Sir Thomas
Wallace of Craigie, sometime one of the Senators of the College of Justice, to
succeed him in his estate of Wolmet, upon condition that he use only the name
and arms of Biggar of Woolmet, which he and his successors continue to do ; the
arms being argent, a bend azure, betwixt two mullets gu/es.

The same way Ranken of Orchard-head, who carried gules, three boars' heads
erased argent, betwixt a lance issuing out of the dexter base, and a lochaber-axe
issuing out of the sinister, both erected in pale of the last, was obliged to leave his

OF MARSHALLING ARMS, bV. 57

name and arms, and use only, as heir adaptive of Little of Over-Libberton, Lis
name and arms, being sable, a saltier ingrailed argent, though he was near of kin to
Little of Libberton.

Sir William Ballenden of Broughton, Treasurer-depute in the reign of King
Charles IL and thereafter Lord Ballexden, having been unmanied, parsed by his
sister's son David Lord Cardross, and adopted John Ker., younger son of WilUain
Earl of Roxburgh, and settled his estate upon him, and got tiie title of honour
conveyed to him ; and accordingly, upon the Lord Ballenden's death anno 1670,
Mr Ker, as his adopted heir, did succeed him, and wore his coat of arm>, without
any mixture or addition of his own paternal bearing, according to the destination,
being guhs, a hart's head couped, between three cross croslets, all w ithin a double
tressure, couater-flowered with flower-de-luces or ; and got likewise his heritable
office of U^her to the Exchequer, which he officiate by a depute.

Sir John Maxwell of Pollock, having no issue of his body, passed by his sister
the Lady Kelburn, in the succession of his estate, and adopted Mr Geokge A'L^x-
v.'ell, younger of Auldhouse, and accordingly put him in the fee of his estate in
his own lifetime, whose son is the present Sir John Maxwell of Pollock, one of the
Senators of the College of Justice, (and sometime Lord Justice-Clerk), carries
argent, on a saltier sable, an annulet or, stoned azure ; of whom before in the
First Part of this System.

William Cochran of that Ilk, having but one daughter, he married her to
Alexander Blair, son of John Blair of that Ilk, and in so much adopted him,
that he was de-igned Cochran in the lifetime of his father-in-law, and carried the
arms of Cochran, and not those of Blair ; as did his issue the Earls of Dundonald ;
of which in the First Part of this System.

Hugh Montgomery Earl of Eglinton, who died without any issue anno 161 2,
had passed by his own nearest heir-male of the House of Montgomery, and settled
his estate upon his cousin-german, Alexander Seaton, son of Robert first Earl of
Winton, and his Lady Margaret Montgomery, daughter of Hugh Earl of Eglin-
ton, aunt of the last Earl, who accordingly succeeded ; and, as he was obhged by
the Earl of Eglinton's destination, assumed the name and arms of Montgomery,
which were then, quarterly, first and fourth azure, three flower-de-luces or, for
Montgomery; second and third j^wVj-, three annulets sr, stoned azure, for Eglin-
ton. IMr Alexander Seaton, who was adopted into the family, left his own name
for that of Montgomery, and carried the above arms, and placed over them an in-
escutcheon of the arms of his father, viz. cr, three crescents within a double trcs-
sure, counter-flowered ^a/c-j-, which are painted in a room in the house of Seaton:
But though Montgomery Earl of Eglinton could dispose of his estate as he had a
mind, yet he could not make over his honours to Mr Alexander Seaton ; and
therefore it was sometime before King James VI. was prevailed on to confirm to
him the titles of Earl of Eglinton and Lord. Montgomery, which was at last done
by the intercession of the Queen, upon Mr Alexander Seaton's marrying Lady Anne
Livingston, daughter to Alexander Earl of Linlithgow, who was one of the Queen's
Maids of Honour, and the titles of honour and precedency of the Earls of Eglinton
were confirmed to him, of whom is lineally descended the present Earl of Eg-
linton : The inescutcheon with the arms of Seaton above mentioned, was dis-
used, and the arms of the family were then marshalled as now, carried thus ;
quarterly, first and fourth Montgomery ; second and third Eglinton ; all within
a bordure or, charged with a double tressure counter-flowered ^//A'j-. See more of
this in the first volume of this Treatise of Heraldry, page 375.

Since 1 am speaking here of several ways and means of acquiring arms, and
augmenting them, and since they are acquired by privileges, contracts, and dispo-
sitions, I shall not altogether omit, but briefly speak of, these two ways following,
yiz. Prescription, &c.

prescription, custo.m, .and statute, of certain pl.aces.

These have not only given new arms at first, but have been means of augment-
ing and marshalling them with others ; for these things which are acquired by
Vol. IL P

58 OF MARSHALLING ARMS, i^c.

concessions, privileges, and contracts, can be Required hy Ptrscnptiou; as Hop-
pingius, paragraph 2. " Quse enim privilegio sive pacto acquiri possunt, ea etiam
" pr^scriptione acquiruntur ;" and again, N. 223. " Concessibile quod est per
" principem, etiam prsescriptibile est."

The time allowed by our author to complete Prescription of arms, is to be dis-
t^^gui^bed; if the arms be used without the knowledge of authority, then time
immemorial is required ; but if exposed to public view, and known to authority,
not interrupting them, then forty years time gives a right to them.

Nobility itself is acquired by immemorable prescription, much more the right of
using arms in such a long time, " Cujus confrarii non extat memoria, acquiri et
" prsEscribi posse sine titulo;" as also the regalia, parts of the sovereign authori-
ty, in such a time are prescribable, as our author, " Regalia majora, aeque ac
" minora, indistincte immemorabili praescriptione acquiruntur," Ibid. N 222.
where he tells. That a bastard has no right to disuse his mark of illegitimation
under the prescription of forty years.

Sir George Mackenzie, in his Science of Heraldry, page 12. says, " By our law,
" where prescription is not allowed, except in the cases wherein it is introduced
" by a special and express statute, it is probable that prescription might well have
" defended the using of arms before the 125th act. Pari. 12. James VL But since
" that time it should not, seeing the act ordains all arms to be matriculate in the
" Lyon's books and registers."

I think it very hard that a person cannot by right, /«r^ antecessorio, carry the
arms which his progenitors used, legally perhaps, the authority and warrant
being lost through time ; more especially when accounts of them were so indif-
ferently taken and kept by our provincial heralds, and in latter times as indifferently
preserved.

By the customs and statutes of certain countries or cities, arms are acquired ;
because a certain nobility is acquired by the same there, and arms necessarily fol-
low : as our author, " Consuetudines &- statuta insignia tribuere ; ratio, nobilitas
" enim, pro cujusque loci consuetudine, et statuta inducitur et asstimatur :" But
this is only a nobihty at home, according to the customs and statutes of the place,
c&WtA Nobilitas secundum quid, and not a general and true nobility' in all places;
because it is not according to the laws and customs of nations, and their arms can-
not be received without the consent and approbation of the sovereign, whose sub-
jects they are : But more of this in another place.

OF PATRONAGE.

Arms of patronage are these of patrons and superiors, carried in part or in
whole by their clients and vassals, to show their dependence.

They'formed of old their arms after those of their patrons and over-lords, or took
a part of them to compose or quarter with their own, as soon as these ways became
fashionable.

In many shires of our kingdom where our ancient earls, lords, and great men, had
been patrons and superiors, there we find their armorial figures more frequent than
others in the bearings of many of the present nobility and gentry, which show
their progenitors to have been clients and vassals to them, though now living in
other shires, to have been originally from such shires, where such figures do pre-
dominate, as in Annandale, where the ancient Lords of Annan dwelt, carried a
saltier and chief: There the Bruces, Murrays, Johnstons, Jardines, Kilpatricks, and
several others, carry such figures of different tinctures accompanied with other
figures, to distinguish themselves from one another. In Douglasdale and other
countries which the Douglasses possessed in property or superiority, there many
old families have stars. And in Fifeshire hons are carried upon account the lion
was the armorial figure of the M'DufFs Earls and over-lords of Fife; and in Angus,
lions, upon the account of their old earls. And in those shires where the Stewarts
of old had interest, many families have their figures chequered, from the Stewarts'
fesse cheque, which they have been in use to carry upon the account of patronage,
as Ross Lord Ross, Semple Lord Semple, Houston of that Ilk, Brisbane of Bishop-

OF MARSHALLING ARMS, 'iJc.

59

ton, Hall of Fulbar, Fleming of Barrochin, Shaw of Bargarran, and those of the
name of Spmel, with several others, whose possessions were in the shire of Renfiew,
and other countries belonging to t!ie Stewarts, where figures chequered are pre-
sumed to be or.gmaliy so earned, upon the account of patronage; and tiie same I
observe in many oiher shires with us; and the same practice was anciently used in
England.

Camden, in his Remains of Biitain, page iiS. says, " Gentlemen began to bear
" arms, of whom they held in lee, or to whom they were most devoted; so, wheie-
" as the Earl of Chester bare garbs, (wheat sheaves) many gentlemen of that
" country took wheat sheaves. Whereas the old Earl of \Varwick. bare cbcqiic, or and
" azure, a cheveron ermine, many thereabout took crintne and cheque. In Leices-
" ter and the country confining, divers bare cinquefoils; for that the ancient Earls
" Leicester bore gules, a cinque foil ermine; from which the family of Hamilton
" with us, who carry the same. In Cumberland and thereabout, where the old
" Barons of Jvendal bare argent, two bars gules, a lion passant or, in a canton of
" the second ; many gentlemen thereabout took the same, in diiferent colours and
" charges in the canton."

The gentleman wlw wrote the introduction to the sixth edition of Guillim's
Display of Heraldry, gives a handsome account of the Rise, Nature, and Progress
of Arms, where, page 7. he citeth Camden, as I have done; and tells us, " That
" there is no one acquainted in the History of England but knows, that, of old,
" most of the great estates and commands of that kingdom were in the hands of
" such families of the conqueror and his issue as they granted them to, who, by
" tenure, in their persons, and with their tenants, servants and dependants, were to
" attend their sovereigns in their wars. These great men granted parts of their
" tenures to persons either related to them by match, service, or affection, upon
" such terms as they themselves either were obliged to the first granter of them,
" or else on other conditions of advantage to them; giving them also coat-ar-
" mour, which were usually parts of their own, with the differences as best pleased
" them: Thus, among others that bore arms by this bounty of lords, &c. or ac-
" cording to Mr Camden's expression, by borrowing from their lords' arms, were
" many of the principal gentry of England." And so our author goes on with
several instances more than I have given above; and then tells us, " That now
" touching the granting of arms from some great earls, and passing of coats from
" one private person to another, which also was matter sometimes acted before the
" reductions of the heralds under one regulation, the following precedents which I
" take, says he, from the learned Mr Camden, may not be impertinent:" And so
this gentleman gives us seven proper instances; the last of which I shall here
add in his own words.

" Another example of the like nature with the former is, from a grant of arras
" from Barton to Booth, which you now have in the family of Booth, from
" whence ttie Right Honourable the present Earl of Warrington is descended.
'• Their arms were, anciently, a cheveron ingrailed, and a canton charged with a
" mullet ; as appears by a charter of Thomas del Booth, bearing date 4 5d Edward III.
" but at presen:, argent, three boars' heads erased and erected sable; which coat
" was the ancient arms of the Bartons of Barton in Com. Lan. And granted to
" John, the son of Thomas Booth of Barton^ per chartnm Thomce Barton de Barton
" Prxdict. anno 5. Hen. IV. 1404."

Our author here does not tell upon what account arms were thus transmit-
ted from one to another, whether upon account of alliance, adoption, or feudal
right, 8tc. but merely, as I take it, that as great men could give their arms to
whom they pleased without consent of the sovereign or his heralds; so that there
could be no regulation about that time of marks of nobility in England. But our
author proceds: " Though it was usual for great men, both of the clergy and
" laity, to give arms and titles, with places of dignity, to inferior gentry, or lesser
" nobility, who did acquire arms at that time, and did gain them by that means:
" yet Mr Camden informs us, that in this and succeeding ages, at every expedi-
" tion, such as were gentlemen of blood would repair to the Earl Marischal, and
" by his authority take coats of arms, which were registered always by officers of
" arras in the rolls of arms made at every service, whereof many yet remain.

6o OF MARSHALLING ARMS, Wr.

" (sayelli Camden) us that of the siege of Carlaverock, the battle of Stirling, the
" siege of Calais, and divers tournaments."

In Italy and Spain the practice of marshalling the arms of patrons or over-lords
with those of their clients and vassals, has been anciently very much in use; as
Menestrier tells us, " That in Piacenza, the four principal families there, viz.
" Anguini, Fontani, Landi, and Scoti, had their arms impaled on the right side, as
" coats of patronage, with those of other families in that country and city, who
" associated and subjected themselves as vassals and clients to one or other of those
" above-named four principal families."

The book entitled Jeu des Armories des Soveraigns et Estats d'Europe gives us
the blazon, and the reason of the armorial bearing of the Duke of Modena and
Ferrara, thus blazoned by the French, tierce in pale, first or, a double eagle
displayed suble, beaked, membred, and crowned gules, (the armorial figure of the
empire, because that prince is under its protection) oiipe with azure, three flower-
de-luces or, for France, within a bordure double indented, or and gules, for Fer-
rara, (Nicolas Lord of Ferrara came under the protection of Charles Vll. of
France) ; second gules, two keys placed in saltier, adosse, or and argent, lie azure,,
and in chief the papal tiara, (upon the account that Ferrara is a vicarage of tlie
See of Rome) and over the keys an escutcheon azure, charged with an eagle dis-
played argent, crowned, beaked, and membred or, for the Marquisate of Este;
third France, within the boidure of Ferrara, coupe with the empire, as before.
These arms would, with us, be blazoned thus, quarterly, first and fourth tlie em-
pire; second and third France, within a bordure double indented, or and gules\
and over all, a pale, charged with the papal ensigns, and surmounted with an
escutcheon of Este.

Cardinals have been in use to add to their paternal bearings, the paternal arms of
the popes or other princes, by whose means they have attained to that dignity, and
were called arms of patronage.

The Kings of Sicily and Arragon quartered with their own the arms of the fa-
mily of Suabia, as arms of patronage; as did also the Dukes of Parma, and the
Princes of Mirandula, the arms of other potentates ; of which in another place.

GRATITUDE AND AFFECTION

Are observed by some heralds to be the cause of marshalling several coats of
amis in one shield : of which there are but few instances to be found with us.

The arms of the benefactor are sometimes found quartered with those of the
beneficiary, upon the account of gratitude.

The double tressure flowered within and without with flower-de-luces, the ar-
morial figures of France, granted by Charlemagne to Achaius King of Scotland,
and after confirmed by many Kings of France to those of ScotLmd, and car-
ried by them as a figure of gratitude and aflection, to perpetuate the ancient
and memorable league, the mutual friendship and assistance betwixt those kings
and their subjects; which figure is still continued by their successors Kings of
Great Britain, as one of the fixed and proper figures of the imperial ensign of Scot-
land.

Such other figures of gratitude and affection have been near these 6oo years
carried in the armorial ensigns of the Dukes of Brunswick ; as Hoppingius tells us
in his Treatise de Jure Insigninm, cap. 87. page 308. " De vaiiis acquirendi in-
•■ signia modis," viz. That when Henry Duke of Brunswick, came to England to
visit his ally Henry II. of that kingdom, who then carried for arms, gules, five
leopards or. King Henry gave two of them to be carried by his friend the Duke ;
which figures have been constantly carried by his successors : For which our
author cites an ancient author, John Bangen Thuringisch, in anno Christi 11^^,
page 58. " Refert, Ricardum Anglix regem quinque aureos leopardos insignium
*' loco detuhsse, ac veniente ad eum affine suo Henrico Brunsuicensium duce,
" duos clypeo leopardos detraxisse, illique donasse ;" which are now marshalled
with other figures in the fourth quarter of the royal achievement of George, no\v
King of Great Britain; of whose arms I shall be more particular afterwards.

OF MARSHALLING ARMS, ef^. 6i

Anciently it was a great sign of affection and kindness, for princes to grant to
other princes parts of their imperial ensigns, which was not allowed even to their
lawful issue, as I observed before in the chapter of Marks of Cadency.

Menestrier tells us, that the Prince of Antioch addressing himself to Lewis XL
of France, for supply to recover his dominions out of the hands of the infidels,
was courteously received by that king, who supplied him with all thmgs necessary
for the recovering of his principality, for which he quartered the arms of France,
(which could not be without consent of the king) as a sign, of grateful acknow-
ledgment, with his own.

The arms of the Boyles of England, I may call them arms of affection; because
David Earl of Glasgow quarters the;n with his own, upon the account of affection
to Royle Earl of Burlington, and other branches of that name in England, who
acknowledge their descent from his family in Scotland, which is of an old standing
in the sheriffdom of Ayr: In the reign of Alexander 111. they possessed the lands
of Kelburn ; for, in charters about that time, mention is made of Ricnrdus Boyl
Domimis ck Kaulbunu i- e. Kelburn, and WaUerus Cummin Domiiuis de Rougallen, i. c.
Rowallen ; as in the evidences of the charter-chest of Rowallen.

Hugo Boyle, in 1399, makes a mortification to the monks of Paisley for the
welfare of his soul. This family continued down in a direct male line till the
reign of King Charles I. that John Boyle of Kelburn, having no male issue, mar-
ried his only daughter and heir, Grissel Boyle, to David Boyle of Halkshill, a
cadet of his own family, his great-grandfather being a brother of it, whose grand-
child David Boyle of Kelburn was created Earl of Glasgow, Viscount of Kel-
burn, Lord Boyle of Stewarton, and carries, quarterly, first and fourth or, an
eagle displayed gules, as a coat of augmentation, upon his creation as Earl, being
formerly the crest of his family; second and third parted per bend crenelle, argent
and gules, for the surname of Boyle in England, as a coat of affection; and over all
an inescutcheon or, three harts' horns gules, the paternal coat of Boyle of Kelburn,
as is to be seen in the plates- of the First Volume of this Treatise.

As I observed before, has given rise to many armorial figures, in the several'
crusades, holy expeditions for the recovery of Jerusalem, and the Holy Land, from
the Saracens, as c^w/w of divers forms, allerions, martlets, palms, escalops, piles, &c.
which are frequently borrie in arms. But as for entire coats quartered with others,
merely upon account of rehgion, I find but few instances, the custom of quarter-
ing many coats of arms in one shield not being generally so old as the crusades.
However, I have mentioned religion as one of the causes of mai'shalling, because
churchmen are in use to quarter the ensigns of their high offices (as pitron saints,
and other holy relics) upon accoiuit of devotion, with their own arms ; which
knights also of rehgious orders also were in use to do.

Besides, I observe kings have been in use to marshal arms, upon account of re-
ligion, with their own, as the Kings of Hungary, harry of six pieces, argent and
gules, with those of religion, viz. argent, a cross patriarchal gules, standing on a
mount of three degrees sinople; which cross Stephen King of Hungary received
from Pope Sylvester II. *^or bringing his subjects into the Christian faith.

Sandford, in his History of England, tells us, that King Richard II. having
chosen King Edward the Confessor for his patron saint, impaled that holy king's
arms, being azure, a cross fleury betvveen five martlets or, in the first place, with
those of his own in the second, being France and England, quarterly.

His grandfather King Edward HI. made choice of several patrons, as Ashmole
tells us, the Holy Trinity, the Virgin Mary, whose figure he and his Knights-
Companions wore on the right shoulder on their habits for some time; Sr George
of Cappadocia, a martyr, his ensign, argent, a cross gules, and St Edward the Con-
fessor, sometime King of England, his arms as just now blazoned, under whose
protection himself and all the Knights-Companions, together with the affairs of
the Order, might be defended, conserved, and governed ; as is evident, says our
author, by the charter of foundation of Windsor College, granted by that king :

Vol. U. Q^

62 OF MARSHALLING ARMS, Sic.

and that the two last were his special patron saints whom he invoked in his cry ot
war. Thomas Walsingham, in his History of England, page 159. tells, that at a
skirmish near Calais, in 1349, King Edward seeing his soldiers put to a stand, and
like to be worsted, in great heat of anger, drew his sword, and cried out. Ha Si
Edward.' Ha St George.' which the soldiers hearing, ran presently to him and
gained the victory. St George became the sole patron of the Order of the Garter,
and from him it was called Ordo Divi Sancti Georgii, and the Companions, Eqidtes
Georgiani; and that saint's picture on horseback, with a shield of silver, charged
with a cross gules, became the badge of that Order, and these arms were advanced,
both by land and sea, on the English standards.

King. Henry VIIL ordained the Great Seal of that Order to have an escutcheon
with the arms of St George impaled on the right side, with the quartered arm's of
France and England, ensigned with an imperial crown, and encircled with the
garter; which seal of the Order so formed continued till the reign of King James I.
of Great Britain, who added to the arms of France and England those of Scotland
and Ireland.

It is to be observed, that in marshalling of arms, those of religion, and of patron
faints, take place before other arms, and even those of dominion.

Since I am here speaking of arms upon account of religion, and before of arms
of churchmen, I thought it not far out of my road to add a paragraph (showing
that in England arms granted to the clergy ought not to descend to their children)
from a discourse of the duty and office of a herald of arms, written by Francis
Thynne, Lancaster Herald, 3d day of March 1605, in a letter to a peer, taken
from the Ashmolean Library, No. S35, and printed in the Supplement to Guil-
lim's Display, the sixth edition.

" Arms appointed for bishops ought not to descend to their children, for they are
" not within the compass of the law of arms, which only takes notice of bishops
" as officers of the church, and not as military men, or persons to be employed m
" offices or affairs of laymen, though some of them have been very great soldiers;
" for both canons and examples do forbid the same, since in temporal actions in
" time past it was alleged against them. For it was objected to Hubert Walter,
" Archbishop of Canterbury, being Chief-Justice and Chancellor in the time of
" King John, that he intermeddled in lay-causes, and dealt in blood. As also
" the same was laid against other clergymen for having of offices in the exchequer,
" and the king's house, when some of them were clerks of the kitchen, some
" treasurers of the household, &-c.: yea, so much did our ancestors derogate from
" the arms of the bishops, as that the bishops which were interested in the arms
" of their ancestors, might not bear the arms of their house, without some no-
" torious difference, not answerable to the differences of ot'ner younger brethren;
" as did the Bishop of Lincoln, Henry Burgensche, the Archbishop of Canterbury,
•' Thomas Arundel, the Archbishop of York, Richard Scroop, the Bishop of Nor-
" wich, Henry Spencer, and many others, who did not bear the common differ-
" ences of arms of younger sons, but great and notorious differences, as bordures,
" some ingrailed, some with mitres, or such like, whereof I can show your Lord-
" ship many forms. And that it was not, before the time of Bartolus, the lawyer,
" in the government of Charles the IV. Emperor, permitted to gown-men (or as
" the French termeth them, of the long robe, for under that name learned men,
" clergymen, and others, are comprehended) to bear armories. Or else why should
" that great lawyer Bartolus argue the matter, Whether it were convenient that
" he should take arms, (the peculiar reward and honour of military service in an-
" cient time) or whether lie should refuse them at the emperor's hands? For, if it
" had been then used that the long robe should have enjoyed the honour of arms,
" Bartolus would never have doubted thereof. But since it was not then accus-
" tomed, he made question whether he should take tho§e arms or not ; but in the
" end concluded, tliat the fact of the prince was neither to be disputed nor re-
" jected, and therefore was willing to assume the arms the emperor had given
" hiin." I shall proceed to arms gnmted by sovereigns themselves, or their heralds
empowered to grant them.

OF MARSHALUNG ARMS, LV. 63

GENERAL AND SPECIAL CONCESSIONS OF ARMS.

Arms are the proper ensigns of nobility, when they proceed from the concessions:
of sovereigns, or their principal heralds empowered to that effect.

Sovereign princes, who acknowledge no superior, without doubt, have the only
right, not only to nobilitate their well-deserving subjects within their respective
dominions, but to give them arms suitable to their merit, which will pass for en-
signs of nobility in all kingdoms, which they may expose to show their honour ;
as Hoppingius, " Is qui insignia a suo rege vel principe meruit, in alterius regis
" principisve regno deferre possit."

The emperor, kings, the pope, and even independent commonwealths, are in use
not only to grant arms at first to their well-deserving subjects, but after, upon
some emergent merit, and advancement to nobility, to augment them, to confirm,
to change and adorn them in the shield ; as also the timbre of tlie shield with
noble helmets, mantlings, crowns, crests, and other exterior ornaments, and even to
adorn and augment both shield and timbre with honourable figures at one time ;
of which afterwards. /

The above mentioned author Hoppingius, cap. 87. memb. 5. in his Treatise de
Jure Insignium : " Non solum conferendi nova insignia imperator, papa, regcs su-
" periorem non recognoscentes, potestate uti possunt ; verum etiam certa de
" causa augendi, mutandi, diminuendi, &- confirmandi, vetera facultate excellunt,
" non quoad clypeum solum, sive scutum solum, sed quoad galeam, sive timbrum
" tantuai, vel denique quoad utrumque, nunc propter bellicne virtutis gloriam,
" nunc proper dignitatem &- officium, nunc propter successionem, aliasve infinitas
" causas, fieri solet." Of which practice our author gives several instances, where-
of I shall add a few.

The Eaiperor Charles V. added to the arms of the Mennensi, {^^ue sunt decent
cuhi sett scaci, which I take to be cheque of ten pieces, argent and sable) who had
fought valiantly for the House of Burgundy, the cross of Burgundy, being that of
St Andrew, trunked vert, to be placed in the base of the shield ; as the words
of the diploma, " Crucem Burgundicam, sive S. Andrea, viridis colorls, trun-
" catis seu mutatis utrinque ramis, deferendam, & posteris transmittendam, dedit;"
as also the shield of arms was to be adorned with a helmet, and, for crest, a dog's
head.

Alphonsus King of Arragon, in the year 151 1, dignified Wistan Brown, an
Englishman, with the Order of Knighthood, and added to his shield of arms a
black eagle.

As the shield of arms used to be augmented by sovereigns for special services,
so they have been in use to adorn the timbre, helmet, and crest, with additaments
of honour, of which I shall give one instance from our author. The Emperor
Maxi;nilian I. honoured the crest of Eric Duke of Brunswick (being the train of
a peacock) with a star, for his eminent valour in a battle against the Duke of Ba-
varia: And the same practice is with us, as the crest of the Earl of Winton, be-
ing a dragon vert , charged with a blazing star on its shoulder, for the eminent
valour of the family; and the Duke of Lauderdale got from King Charles II. for
crest, a lion sdnnt; of which more fully in the Chapter of Crests.

Since I am here speaking of Arms of Concessit, I must distinguish betwixt ge-
neral and special concessions. By the first, I understand those which the principal
herr.ld is empowered to grant, by virtue of a general clause for that end, in
many of the patents of our nobility: which ordinarily runs thus, or in such like
words, " Mandamus Leoni nostro armorum, ut tale additamentum armorium prae-
" sentibus insigniis prasfati Domini, &c. ut in talibus casibus usitatis det & prae-
" scribat."

Arms, again, of special concession, are particularly mentioned and blazoned in
the diplomas, letters patent, or grants of the sovereign, and are ordinarily of some
part of the sovereign's ensigns or regalia, which cannot be allowed or given by the
principal herald without a special warrant from the sovereign.

Both these arms of general and special concessions are commonly called coats of
augmentation, because they augment the bearing.

64 OF MARSHALLING ARMS, i^c.

The practice of giving coats of augmentation, by the general clause in the patents
of nobility above mentioned, is no older than the reign of King James VI. given
to those who were advanced to degrees of dignity; and the lands from which they
had their title of lord, viscount, earl, &-c. not being noble feus with arms annexed
to them, desired coats of augmentation as best pleased them, to supply the want of
feudal ones ; of which afterwards.

The first that I have met with is that used by the Earls of Winton, when,
Robert Lord Seaton was created Earl of Winton with all solemnity at Holy-
roodhouse, the loth of November 1601, he got a coat of augmentation from the
herald suitable to the merit of the family, viz. for the title of Winton, azure, a
blazing star of ten points, withm a doable tressure, flowered and counter-llowered
or, (having right before to the tressure by special concession); with the motto.
Lit amhiatis fidget bonoribiis; to show the constant loyalty and heroic virtue of the
family.

The next coat of this kind I meet with, is that of the Lord Livingston, who,
when he was advanced to the dignity of Earl of Linlithgow, augmented h^s arms
with an inescutcheon, azure, an oak tree within a bordure argtnt, charged with
eight cinquefoils j^w/f J-, which he placed over his quartered arms of Livingston and
Callender, by way of surtout, for the title of Linlithgow ; of which families in the
First Part of this System, and elsewhere, in an Essay of the Ancient and Modern
Use of Armories, I have given the several arms engraven on copperplate, with these
following, viz. Seaton Earl of Dunfermline, Ker Marquis of Lothian, who,
when he was created Earl of Lothian in the year 1606, took for a coat of augmen-
tation, azure, the sun in its splendour, proper, which is quartered with the paternal
coat of the family.

As also Hamilton Lord Binning, when he was created Earl of Melrose, 13th
March 1619, took for that title a coat of augmentation, viz. argent, a fesse waved
between three roses gules, relative to his title of Melrose, which he quartered in
the second and third quarters, with his paternal in the first and fourth quarters,
and which are so earned by his successors, though he got his title altered to that
of Earl of Haddington.

Viscounts and lords of Parliament have also been in use, with us, to add coats of
augmentation to their paternal ones. Sir Alexander Seaton, second son of George
Lord Seaton Earl of Winton, and his countess. Lady Anne Hay, daughter to Fran-
cis Earl of Errol, being created Viscount of Kingston, he quartered in the second
and third places, with the paternal arms of Seaton, as a coat of augmentation,
argent, a dragon vert, spouting out fire, being the crest of the family of Winton,
which with others may be seen in my foresaid Essay.

I have observed, that all coats of augmentation of this kind, through Europe,
give place to the paternal arms; which order has been observed with us, except
in the achievements of the Earl of Lothian, and the Lord Cardross : But the lieir
of the last, David Erskine Earl of Buchan, has placed the coat of augmentation
since more rightly in surtout ; which may be seen in taille douce in the First Part
of this System. I can find no reason for such coats of general concession by the
herald, to precede the paternal or other dignified feudal arms in one shield.

Many of our nobility, who have the same right to assume coats of augmentation,
liave never made use of them.

But arms of special concession, being composed of the figures of the royal arms
or regalia, have precedency in composing or marshalling to all other sorts of arms.
Of which,

Anns of special concession are those granted by princes and free states, not only
to their subjects, but also to strangers, by a particular grant or patent, containing
the blazon of such a coat, made up of some part of the figures of the sovereign's
ensign, or regalia, to be added to the receiver's own proper arms.

1 am not here treating of the first grants of arms, as marks of honour, which I
have said before, in the definition of arms, to have been granted by sovereigns, for
distinguishing person and families, as their proper ones : But here I understand
them new coats or additaments of honour, by special concessions of sovereigns to
be joined with their proper ones.

OF MARSHALLING ARMS, ^c-. 65

Such have been very frequently granted by our sovereigns, and those of other
nations, to well-deserving persons, both of the high and low nobility; as also upon
communities ecclesiastical and secular.

Sir Joim Ferae tells us, in his fore-cited book, that when Charlemagne erected
the six ecclesiastical peers of France, he granted to them arms of the same tinc-
tures and figures with the royal ensign of France ; which, though they have been
so carried, as I have shown before, yet I doubt very much of the antiquity of them.
As for secular communities, there are several instances which may be given of such
grants of other nations, and with us at home, which have been honoured with the
favour of such royal badges; and I shall here but give one instance: The Town of
Aberdeen got- the double tressure, a part of the royal bearing, added to their arms,
by the order of King Robert the Bruce, for their fidelity and loyalty to him, being
^ules, three towers embattled argent, and masoned sable, within a double tressure,
flowered and counter-floweied of the second.

In this manner, sovereigns and free states have honoured and rewarded their fa-
vourites and well-deserving subjects with a part of their ai-ms, as additaments of
honour; of which I shall give some instances.

Charles IV. Emperor of Germany and King of Bohemia, honoured his Chan-
cellor Bartolus, the great lawyer, with a concession to him and his issue, for to
carry the royal arms of Bohemia, or, a lion with two tails gules, as Bartolus tells
himself^ in his Treatise de Insigniis, thus, " A Carolo Quarto, clarissimo principe,
" Romanorum imperatore, nee non rege Bohemia:, mihi, tunc Cancellario ejus,
" concessum est, inter cstera, ut ego & omnes de agnatione mea, leonem rubeum
" cum caudis duabus in campo aureo portare."

There are many ancient families in Germany who marshal with their own bear-
ings the imperial eagle, by special concession from the emperor : But it is to be
observed, that these eagles granted by the emperor have but one head ; and lawyers
tell us, that the emperor, and other sovereign princes, cannot grant their entire
imperial ensigns to any person; as John Limneus, " Licet ab imperatore sit insig-
" nia concedendi potestas, ilia tamen limitata, ne alicui integram aquilam, maxime
" vero imperialem, concedant."

The Emperor Charles V. King of Spain, not only augmented the arms of Ro-
bert DE Clusis within the shield, but also adorned the shield with exterior orna-
ments, marks of a true nobility, as by letters patent icth of October 1543, with
the complete achievement illuminate in the middle of the patent, which I thought
fit here to blazon in English, and after give it in Latin, for its singularity, as in the
diploma.

Quarterly, first and fourth sable, three oak branches leaved and acorned or;
1 and I, his paternal arms; second and third azure, three stars of six points or:
1 and I, his maternal ones; and, on a chief or, an eagle displayed with one head
sable: the shield is timbred with an open helmet, manihng of the tinctures of the
arms, and the wreath of the same colours; upon which, for crest, are two wings
expanded xflZ'/c', and betwixt them proceeds the Burgundian cross of St Andrew
trunked or. Amongst several diplomas of nobility and arms which John Baptista
Christyn, Chancellor of Brabant, gives in his excellent book, Jurisprudentia Hc-
rolca, I shall add a part of the above-mentioned Robert's, that the curious may
know somewhat of the form of blazon by concessions. After the titles of the
emperor, and introduction, the diploma goes on thus, " Tibi prasfato Roberto de
" Clusis gentilitia arma &- insignia tua, tarn paterna quam materna, non modo con-
" firmanda 8^ approbanda, verum etiam augenda &- ornanda, duximus, ac tenore
" prfesentium, confirmamus, approbamus, &- augemus, &- ornamus, atque ad hunc
" modum deferenda & gestenda concedimus.

■ " Videlicet, scutum quadripartitum, cujus superior dextra, & inferior sinistra, in
" campo nigro, tres ramusculos quemqs transversos, cum binis fohis, &- glande in
" medio florum aurei sivecrocei coloris, sursum conversis, triangulari forma positos,
" quae arma tua posita sunt; inferior vero dextra, & superior sinistra partes, in
" area azurei sen coelesti coloris, materna tua armorum insignia, nimirum tres
" Stellas sex radiis, singulas aurei sive crocei coloris, triangulari simihter forma
" collocatas (/. e. 1 and i) nempe unam in basi, reliquas duas in superioribus an-
" gulis, singulse complectuntur. Et in vertice scuti aurei seu crocei coloris, aqui-

VoL. II. R

66 OF MARSHALLING ARMS, Uc.

" lam nigram, unius capitis dextrorsum flexi a pectore supra, rostro aperto, lingua
" vibrantc, &. alis extcnsis: Porro scuto incumbit galea aperta, nign &. aurei seu
" crocci colorum, lacmiis redimita, in cujus cuno, super fascia tortili, eorundein
" colorum, inter gemiiias alas nigras extensas, crux divi Andrea, sive Burgundicac,
" truucata, aurei colons, eminet. Qiiemadmodum, ha;c omnia in medio prtesen-
" tium accuratius depicta sunt, volentes &- hoc nostro CiEsario statuentes edicto,
" quod posthac tu pra:tate Roberte, ac liberi & hceredes &- descendentes tui ante-
" dicti, hujusmodi arma & insignia, insignium vera: nobilitatis, habeatis &- defera-
" tis ubique locorum ac terrarum, in omnibus &• singulis honestis decentibusque
" actibus &- expeditionibus, nobilium armigerorum more, tarn joco & serio, torna-
" mentis, hastiludiis, bellis, duellis," &-c. By such royal concessions the receivers
are not only nobilitate, but qualified to be admitted into military exercises, serious
or in disport; such as combats, joustings and tournaments, where none are allowed
but those that are truly noble.

In France there are a considerable number of old families which enjoy the like
favour, in carrying flower-de-luces, the imperial figures of France, by letters patent;
for which see Menestrier and other French heralds.

The Dukes of Savoy have made concessions of several quarters of their armorial
ensigns to several families; as to the House of Viles of Ferrara, who carry, quar-
terly, first and fourth the wild horse of Saxe, which belongs to Savoy, as his original
arms; second and third the proper arms of the House of Viles, and over all, by
way of surtout, the cross of Savoy.

The Republic of Venice has made several concessions to their own subjects of
their symbolical figure, the winged lion of St Mark, the armorial figure of that re-
public; as also to strangers, as by that one granted by the senate to Rene de
VoYFR. de Pauliny, Count de Argenson, the French king's ambassador to that re-
public, which are to be seen on the monument erected for him there at St Job's
church; as Menestrier gives us; quarterly, first and hunh (iziire, two leopards or,
for Voyer de Pauliny; second and third ardent, a fesse sable, for the House de Ar-
genson, and, by way of surtout, the arms of the republic, viz. azure, a lion seiant
winged, and diademated or, holding a book open, with these words upon it. Pax
tibi. Marce, tu evangelista mens.

Other potentates have been in use to do the same honour, not only to their
subjects, but to strangers. The Kings of France have honoured several Scots fa-
milies for their valour, with their arms, as the Stewarts of Lennox, the Douglasses,
and the Kennedys.

Sir Hugh Kennedy of Ardistanshire, who, for h.is valour in the wars of France
against England, being under the command of John Stewart Eaii of Buchan, was
honoured by the King of France with his arms, viz. azure, three flower-de-luces
or; which he and his successors marshalled in the first and fourth quarters with
those of Kennedy in the second and third quarters, as those descended of him, viz.
the Kennedys of Bargeny, the Kennedys of Kirkhill and Binning in the shire of
Ayr ; of which more particularly in the First Vohime.

Selden tells us, in his Titles of Honour, " That when Gustavus Adolphus King
" of Sweden received the investiture of the Garter from Henry St George, Rich-
" mond-Herald, and Peter Young, Gentleman Usher, at Darsavv in Prussia, the 27th
" of September 1627, he conferred the honour of knighthood upon them; and,
" by a particular grant in their patents of honour, allowed them to quarter the
" arms of Sweden with their proper arms."

King James I. of England, and VI. of Scotland, was graciously pleased to confer
solemnly the dignity of knighthood upon Nicolas de Moline, a noble senator of
Venice, sent by that state to his majesty ; as also, for a further honour, to ennoblish
the coat-armour of the said Nicolas de Moline, being azure, the wheel of a water-
mill or, (by way of augmentation) with a canton argent, charged with thebadges
of the two kingdoms, viz. of the red rose of England, and thistle of Scotland, con-
joined pale-ways; as by letters patent under his Majesty's Great Seal of England,
appeareth in these words, " Eundem dominum Nicoluum de Moline, in frequenti
" procerum noitrornm pra;sentia, equitem auratum merito creavimus, &- insuper
" equestri huic dignirati in honoris accessionevn aiijecinius, ut in avito clypeo gen-
" tilitio cantonem gestet argenteum, cum Anglue rosa rubente partita, &• Scotiie

OF MARSHALLING ARMS, oV. 67

" carduo virente conjunctum : Qiur, ex insignibus iiostris regiis special! nostra
" gratia, discerpsimus, ut viituti bene nierenti suus constaret honor; & nostra in
" tHutuin benevolentia; testimonium in perpetuum extaret."

As 1 hinted before, though sovereigns cannot grant their entire armorial ensigns
(bein,^- marks of their authority) to subjects or strangers, which cannot but be in
prc;i,idice or dishonour of their throne and kingdom, as lawyers tell us; yet we See
th.y have granted their shields of arms to be quartered with the paternal coats of
those they favoured : So that, in that case, they were not imperial arms, but signs
of lionour and gratitude to the receivers. It is true the emperor seldom or never
granted the eagle with two heads to any prince, but with one head only ; neither
properly could he with two, because they are the proper and fLxed figures of the
empire, and not these of his paternal family out of which he is elected: But other
hereditary prmces seem to be at more freedom to give their own paternal bearings,
though ensigns of their sovereignty, to be marshalled with others; but neither the
emperor nor other princes ever did adorn the shields of their^ favourites with. their
royal timbre, /. e. helmet, crown, crest, &c. Of late we find that the Emperor
Leopold n. when he made; John Churchill Duke of Maklborough and Marquis
of Blandford, one of the Princes of the Empire, by the title of Prince of Mix-
DELHEiM in Swabia, anno 1705, he allowed to him and his heirs-male to carry
the emperor's crest, viz. the imperial eagle diplayed with two head's diaddmate or,
i. e. the heads encircled with rounds, or orbits of gold, as that of the emperor's ;
but he placed his arms on the breast of the eagle as a supporter, being, as said is,
a prince of the empire: But in Britain, as a peer thereof, he had his achievement
otherwise ; as in the sixth edition of Guillim's Display, at the title of Dukes, page
99. thus given us, sahle, a lion rampant argent, a canton of St George, viz. argent,
a cross gules, surrounded with the Order of the Garter; crest, on a wreath, a lion
gardant couchant gules, sustaining a banner argent, charged with a hand of Ulster,
viz. an hand sinister erect, and conped at the \^n%X. gules; supporters, two wiverns
gules, that on the right having St George, or the English ensign, viz. argent, a cross
gules, that on the left, St Andrew, or thj Scot's ensign, viz. azure, a saltier argent
depicted on targets, or oval shields, upon each of their respective breasts, and sus-
pended on their necks by collars of gold. He was first dignified with the title of
Baron of Churchill of Eyemouth in Scotland, 16S2, and after. Baron Churchill of
Sandridge in England, 1685, ^'^"^^ of Marlborough 1689, and Marquis and Duke
1702.

Menestrier, in his Treatise of Arms, in the chapter of Grants and Concessions,
gives an instance of a woman receiving a coat of augmentation, which was when
the Emperor Charles IV. passing from Padua to get himself crowned at Rome,
with his empress, who took in her train Jean Beanchittie, the widow of a famous
lawyer: Amongst other favours, the empress gave her a grant to carry in the
middle of her arms, in a lozenge shield, those of Lithuania, viz. gules, a chevalier
armed in all points, on horseback argent, brandishing a sword ; and on his left arm
a shield /2z«/r, charged with a cross, with double travesses of the second, being a
part of the empress's bearing, a daughter of the King of Poland, and Duke of Li-
thuania: which grant was confirmed by the emperor.

Henry VIII. of England honoured his wives with additional arms; of which
afterwards: and of late Charles II. of Great Britain gianted a coat of augmenta-
tion to Anne Clarges, wife to George Monk Duke of Albemarle, viz. azure, a
flower-de-luce or, within a bordure of the last, charged with eight roses gules,
quartered in the first place, with her paternal coat in tire second, being barry of
twelve pieces, argent and azure; and, on a canton sahle, a ram's head couped ar-
gent, v.ith four horns or, as being descended of the family of Clarges in Hainault in
Flanders.

It is only sovereign princes and republics that can make such concessions of
their pubhc ensigns, being more sacred than tliose of subjects, which may be more
freely assumed, with less authority, upon the accounts before mentioned, by mar-
riage, alliance, adoption, &.c.

Which additaments of honour are either placed in one quarter, with the proper
arms of families, or marshalled with them in distinct quarters : Which last way is
the proper subject now in hand.

68 OF MARSHALLING ARMS, b'r.

But since anciently there has been, and still continues a frequent practice of
composing some one part or other of the royal ensigns or regalia with paternal
arms, I shall here insist a little on them with their proper situation, with paternal
figures in one shield or quarter, before I proceed to give further instances of mar-
shalling arms of special concession with paternal ones in distinct quarters.

The pieces or figures of sovereign ensigns or regalia claim a precedency in the
most honourable place of the shield or quarter before the paternal figures, and are
to be placed in chief in a dexter canton; and sometimes sovereigns ordain their
achievement as a crest or supporters, if they be convenient for that end : Of which
afterwards when 1 speak to exterior ornaments.

Menestrier tells us, " That it is the general practice of Europe to give the most
" honourable place of the shield to those royal figures; and that some princes, in
" their concessions of them, expressly ordain them to be so placed; as John King
" of Arragon and Sicily, rewarding two knights for there good services, and to
" put a particular mark of respect upon them, allowed them to carry the armorial
" figures of Arragon, Navarre, and Sicily, on condition they should place them on
" a chief above the arms of their families ; and though they had a chief before,
" they behoved to add another." And this is the reason we see foreign arms oft-
times have two chiefs ; of which I have given instances in the First Volume of this
System, and shall here add another.

The Princes of Mass a in Italy, of the name of Cibo, have their paternal arms
honoured with two concessions, placed upon two chiefs, the one soutenu of the
other; that below contains the arms of Genoa, granted for the successful negotia-
tion of William Cibo for that repubhc with Pope Clement VII. 1532; and above,
another chief, with the arms of the empire, viz. the eagle with one head, granted
by Maximilian the emperor when he made Alberick Cibo a prince of the empire,
whose blazon is thus, quarterly, first and fourth or, a bend cJieque, argent and
azure, (the paternal coat of Cibo) a chief argent, charged with a plain cross gules,
(the arms of Genoa) surmounted of a chief of the empire or, a double eagle display-
ed sable, and, (for diminution, and to difference it from that of the empire) on its
breast, a scroll fesse-ways; on it the word Libert as; second quarter azure, an
eagle displayed argent, crowned or, for Este, quartered with Ferrara, azure, three
flower-de-luces or, within a bordure indented of the same, gules; third quarter,
coupe, or and gules, the branch of a thorn tree sable, flowered argent in pale, for
the family of Malespine; and over all, by way of surtout, on a lozenge escutcheon
or, five torteauxes gules in orle, surmounted of the sixth azure, charged with three
tlower-de-luces (??•, as a coat of alliance with the Medicis Dukes of Tuscany:
Which arms are to be seen engraven in yeu d' Armories, and in my Essay of the
Ancient and Modern Use of Armories, with several others, which I may have oc-
casion here to mention.

The Dukes of Tuscany and the Medici placed the arms of France upon one of
their torteauxes above the rest, as all the families and cities in France, who carry
flower-de-luces as additaments of honour, by concessions of the sovereign, place
them in chief, or on a chief; and the same practice is used in Britain, by the fol-
lowing examples.

Sandford, in his before-mentioned History, tells us, " That Henry VIII. of
" England honoured the arms of Thomas Manners, whom he created, Earl of Rut-
" LAND, upon the account he was descended from a sister of King Edward IV."
his paternal bearing being, or, two bars azure, and a c\i\ei gules; the chief was then
formed, quarterly, azure and gules, on the first two flower-de-luces or; on the se-
cond a lion passant gardant or; the third as second, and the fourth as first, which
were parts of the armorial figures of England.

Guillim says, " Sometimes these augmentations are found to be borne upon
" a chief of the escutcheon above the paternal coat;" for which he gives the
above example of the Earl of Rutland ; and then adds, " It is a form of bearing of
" a part in part; for here is, says he, abated one flower-de-luce of the arms of
'• France, and two lions of the arms of England, and both on the chief part of the
" escutcheon:" Yet v^^e meet with sometimes the augmentation in the centre of
the shield, as in the arms of Compton Earl of Northampton, viz. sable, a lion passant
gardant or, between three helmets argent, garnished gold : which lion, being one

OF MARSHALLING ARMS, Isc. 63

ijf those of England, is an augmentation. And he who adds the Blazons of the
Nobility to Guillr.n's Display, gives us, page 314. an example of a coat of arms
worthy to be mentioned, whoae words 1 shall here add, " viz. azure, a naval
" croivn, within an orle of twelve anchors or, borne by the name of Lendon, and was
" granted by Sir Edward Walker, Garter K.ing at Arms, by patent, dated at
" Brussels the loth of May 1658, in the loth year of the reign of King Charles H.
" to Captain Robert Lendon, born of honest parents at Allington, in the county of
" Devon, who, m his youth, actively appUed himself to navigation; and being an
" oilicer in the royal navy, anno 1648, (which, for some years before, had been,
" and then was, possessed and employed by the usurped power of a rebellious par-
" liament) had thereby the happy opportunity, out of a due and loyal sense of his
" duty to his lawful sovereign Iving Charles II. to be tlie prime and active instru-
" ment to induce twelve ships (which his anchors resemble) of the said navy, to
" their duty and obedience, and to embrace his majesty's service against his re-
" bellious subjects."

There is no part of the imperial ensigns of sovereign princes, and even their re-
galia, but have been granted by special concessions, as by our kings, to honour the
arms of some of the best families of the kingdom, which have also been granted to
strangers, as a testimony of our king's favour: Of all the pieces of honour in the
arms of Scotland, the double tressure most frequently has been allowed to be car-
ried, as a badge of a royal maternal descent, loyalty, and virtue; of which I shall
give in short a few instances.

Thomas Randolph Earl of Murray, Lord Annandale and Man, as a nephew to
King Robert Bruce by his sister, was the first of his family who was allowed to
place the double tressure round his paternal figures, the three cushions ^ti/es in a
field or; as is evident by his seals of arms appended to charters. And Sir Alex-
ander Seaton of that Ilk, being son of Sir Christopher Seaton, and Christian, sister
to K.ing Robert Bruce, was the first of the progenitors of the noble family of the
Earls of Winton and Lord Seaton, who encompassed the thj-ee crescents, the pater-
nal figures of Seaton, with the double tressure counter-flowered ^u/es, in a field or,
upon account of his royal maternal descent. There are many other noble fa-
milies, upon the same account, on whom I cannot insist here, as Lyon Earl of
Stvathmore: Nor of those who carry it upon account of merit and favour of our
kinjs, as Douglas Duke of Queensberry, Erskine Earl of Kelly, Gordon Earl of
Aberdeen, Gordon Earl of Aboyne, Scott of Thirlestane, &-c. of vs'hom before in
tht. First Part of this System.

The arms of several strangers have been honoured by our kings with the double
tressuie: King James V. knighted and honoured one Nicol Combet, a Frenchman,
with It, asd;d King James VI. Jacob Van Eiden, a Dutchman, and several others;
as then- patents bear in the Chapel Rolls in England, titled, Diversi tractutus ainici-
tianirn tempore Jacobi regis.

Sylvester Petra Sancta, an Italian, in his Treatise of Arms, speaking of the double
tres^ure, says, " Celebris est duplaris limbus, quern paralelte lines duae, ac simul
" florentes, describunt in tessera regis Scotorum;" and gives us the arms of a
Dutch and French family with the tressure.

Another piece of our sovereign arms, I mean the lion, the figure of tlie ancient
ensign of Scotland, has been allowed to be carried by several families of this king-
dom, as a sign of their royal favour, within three shields; as that granted to Sir
Alexander Carron, who carried the banner of Scotland before King Alexander I.
in his expedition against the rebels in Mearns and Murray: Where, by Sir Alex-
ander's conduct and eminent valour, the king obtained a notable victory over the
rebels; for which his name was changed from Carron to Scrymgeour, which sig-
nifies a hard fighter, (as our historians) and got a coat of arms suitable thereto,
viz. gules, a lion rampant or, armed and langued azure, holding in his dexter paw
a crooked sword, or scimitar, argent. (See Plate of Achievements, and more of
this family in the Appendix.) And, in later times, favourites have been allowed
to embellish the shield of arms with a lion, as a crest or supporter; as that allowed
to the Duke of Lauderdale. And the same may be said of the unicorn, the sup-
porter of the achievement of Scotland, the St Andrew's cross, the thistle, crown,
sword and sceptre, the ensigns and regalia of the kingdom, have been granted by

Vol. U. S

^ OF MARSHALLING ARMS, y<r.

our sovereigns to their well-deserving subjects ; of which in the First Part of this
System ; as also to strangers as additaments of honour, not only by way of com-
posing with their paternal figures in one area, but also by distinct areas or quarters
marshalled with their own; of which by and by.

As to the first way, by composing them in one quarter with the paternal arms, I
shall give for instance the arms of Murray the Earl of Annandale, bemg azure,
three stars argent, with a crescent in the centre, all within a double tressure flovver-
ed and cQunter-flowered or; and, for an additament of honour, a canton of the
second, charged with a thistle vert, ensigned with an imperial crown. And the
same thistle, with the crown, was granted by King Charles II. to Sir George Ooil-
viE of Barras, for his fidelity and real preservation of the regalia of Scotland, to the
loss of his lady, and his long imprisonment in the usurpation of Oliver Cromwell.
King Charles I. was pleased to raise and advance Dame Elizabeth Beaumont, then
the wife of Sir Thomas Richardson, Lord Chief Justice of the Common Pleas in
England, to the honour of Baroness of Cramond in Scotland, and continued the
same honours to her and Sir Thomas's heirs-male, by letters patent the 28th Fe-
bruary 1628; which was the only female creation to be met with in this realm.
He honoured the arms of Sir Thomas with the additament of a canton azure,
charged with a St Andrew's cross argent, the ensign of Scotland.

But, to leave such pieces joined in one field with the paternal ones, I shall pro-
ceed to give a few examples of those who carry some of the royal figures, which
make up entire quarters by themselves.

The ancientest coat of special concession which I meet with in books of heraldry,
is that memorable one, viz. a sword supporting an imperial crown, by King Ro-
bert I. with the barony of Barns, to his nephew Sir Alexander Seaton, for his
own singular service in Scotland and Ireland, in the service of Edward Bruce, the
king's brother, and in consideration of his father's loyalty and near alhance to the
royal family; of which before.

In latter times our kings have been in use to honour their well-deserving sub-
jects with such pieces of their imperial ensigns as King James VI. did to the
deliverers of his person from the pernicious attempts of John Ruthven Earl of
Gowrie, his brother Alexander Ruthven, and their accomphces, on the 5th of Au-
gust 1600. viz. to Sir John Ramsay, Sir Thomas Erskine, and Sir Hugh Herries,
who killed the chief assassins, and deHvered the king, who gave them special con-
cessions, as follows.

Sir John Ramsay of Wyliecleugh, a cadet of the family of Dalhousie, who car-
ried for his paternal arms argent, an eagle displayed sable, beaked and niembred
gules, and, on his breast, a crescent of the last, for his brotherly difterence, was no-
bilitate by the said king, with the title of Viscount of Haddington, and with an
additament to his arms, viz. azure, a dexter hand holding a sword in pale argent,
hiked and pommelled or, piercing a man's heart gules, the point supporting an im-
perial crown, proper ; which he impaled on the right, with his paternal on the left,
side of the shield. And when King James VI. was advanced to the crown of
England, he created him Lord Baron of Kingston upon Thames, and Earl ot Hol-
derness, with this special post of honour relative to his coat of augmentation, that
upon the 5th of August annually, (which was a day appointed to be kept holy for
that king's happy delivery from the hands of his enemies) he and his heirs-male
for ever should bear the sword of state before the king and his successors. This
Earl married Elizabeth, daughter to Robert Earl of Sussex, and with her had two
sons and a daughter.

Sir Thomas Erskine, eldest son of Sir John Erskine of Gogar, immediate
younger brother to John. Lord Erskine, first Earl of Marr, and regent of Scotland
in the minority of King James VI. being one of the dehverers of that King, was al-
so honoured with a coat of special concession, viz. gules, an imperial crown within
a double tressure, counter-flowered with flower-de-luces or, which he quartered in
the first and fourth places with the paternal coat of Erskine, and was by the King
created Lord Dirleton, and after Viscount of Fenton, the i8th March 1606, and
then Earl of Kelly 1619 : and, upon that King's accession to the crown of Eng-
land, he was made Captain of the English Guards, Groom of the Stole, and Knight
of the Garter. From him is lineajly descended the present Earl of Kelly, who

OF MARSHALLING ARMS, ^6 . ji

carries the above arms, as do the descendants of his family ; as Sir Alux.vsdhk. Ek.-
SK.1NE of Gumbo, Lyon King of arms, with a crescent for his difference, whose
father was the second son of the f;miily of Kelly.

The other deliverer, Sn- Hugh Herkies of Cowsland, a cadet of tlieLord Herries,
was also honoured with another coat of augmentation by King James VL which
he quartered in the first and fourth quarters with his paternal arms, thus, azure, a
hand in armour issuing from the right side of the shield, holding a sword support-
ing an imperial crown, proper ; second and third arjc'iit, three urcheons sable.

Sandilands Lord Torphichem carries quarterly, first and fourth parted per fesse,
azure and ur; on the first an imperial crown, proper ; and, on the second, a thistle
vert, as a coat of augmentation ; second and third. grand quarter, quarterly, first and
fourth urgent, a bend azure, the paternal bearing of die name of Sandilands ; se-
cond and third, the arms of Douglas, bemg arms of patronage as some will.

Sir James S.vndilands Baron of Sandilands and Wiston, in the upper ward of
Clydesdale, descended of Sandilands of that Ilk, in the reign of King David Bruce;
married Eleanor Bruce, uterine sister to William Earl of Douglas, v.'lio, upon the
account of the said marriage, gave to the said Sir David the barony of VVest-Calder,
called Calder-Comitis ; upon which that family ever since have quartered the arms
of Douglas with their own, as arms of patronage : Of which family was Sir James
Sandilands, Lord of Sr John, Great Prior of the Knights of Rhodes, in the king-
dom of Scotland ; and as such he carried the thistle and crown,, as the badge of
that high office. He was sent by the Parliament of Scotland ambassador to Fran-
cis and Mary, King and Qiieen of France and Scotland. This Sir James became
protestant, and was created Lord Torphichen : which honour, for want of heir-male
of his body, fell by inheritance to the Baron of Calder his cousin, whose successors
enjoy the same with the coat of augmentation.

King Charles L when he advanced Sir John Hay of Netherleif, descended of the
family of Errol, into high places and dignities, as Clerk-Register, High-Chancellor
of Scotland, Lord Hay of Kinfauns, Viscount of Duplin, and lastly Earl of Kin-
NOUL, 25th March 1(133, honoured him with a coat of auginentation, viz. azure, an-
umco'm salient argent, h.ovne.A, maned, and unguled or, (the supporter of the royal
achievement) within a bordure of the last, charged with half thistles vert, and hal£
Tosfi fules, joined together by way of parti per pak, being the badges of Scotland
and England, to represent the union of these kingdoms in the personof King James
VL; which coat of augmentation was quartered in the first and fourth quarters with
these of the paternal coat of Hay, argent, three escutcheons gules : Unto which
honour and arms. Hay Viscount of DupUn, by descent and tailzie, has of late suc-
ceeded, and carries the same arms ; of which, with others above mentioned; see in
the plates of the Essay of Ancient and Modern Use of Arms.

It is to be observed, then, that Arms of Special Concession have precedency of
Paternal Arms, when marshalled with them, as well as the pieces of the royal
ensign, when composed with others in one area, possesses the honourable and chief
places ; which is clear by the above practice, and by that of England in the fol-
lowing examples.

Richard II. of England is the first King that I have observed to have granted
such arms of augmentation to his subjects ; and, as I observed before, added to his
imperial ensign the arms of Edward the Confessor, upon the account of religion,
being azure, a cross fleury between five martlets or; which bearing also he granted,
out of his mere grace, (as Camden in his Remains tells us) to Thomas Duke ot
Surrey, with the addition of a bordure ermine, to impale with his proper arms ; and
the same again without the bordure to Thomas Mowbray Duke of Norfolk, to be
impaled on the right side, with his own on the left.

The same King, the ninth year of his reign, granted a coat of special concession
to his favourite Robert Vere, Earl of Oxford, Marquis of Dublin, and Duke of
Ireland, that he should bear with his own arms, during life, azure, three imperial
crowns or, within a bordure argent, as the words of that concession bears, given us
by Sandford in his Genealogical History ; " ReK concessit Roberto de Vere facto
" Marchione de Dublin, quod ipse, quamdiu viveret &- terram &• dominium Hiber-
" nice habuerit, gerat arma de azuro, cum tribus coronis de aureo, &• una circum-
" ferentia vel bordura de argento : " These he quartered in the first place with his

72 OF MARSHALLING ARMS, ^c.

paternal, being, quarterly, gules and or, on the first a mullet argent. He was the
first that bare the title of Marquis in England. He died without issue, and was
succeeded into the fortune and honours of the earldom of Oxford by his uncle
Aubrey de Vere, who carried the paternal arms of the family, and transmitted
them to his successors. The mullet or star on the first quarter, some English he-
ralds, such as Leigh, GuiUim, and Morgan, say, represents a fallen star, or meteor,
which fell down from heaven upon the shield of one of the progenitors of Vere
Earl of Oxford when he was at the siege of Jerusalem, and has been so carried by
the family since : Bjt that ingenious gentleman who wrote the Introduction
to the sixth edition of Guillim's Display, looks upon it as a fable about the star;
and tells us, '• That it was only a distinction in the arms of that family, from the
" arms of the Lord Say's family, (a flourishing house at that time in the same ser-
" vice) which, excepting the star, did bear quarterly gules and or, the same with
" Vere, who was obliged to difference from the Lord Say ; for two different fami-
" lies in one nation could not bear one coat without some addition.

He gives us a late concession of arms to Sir Cloudsly Shovel, one of the Admi-
rals of England, viz. a cheveron betwixt two flower-de-luces in chief nd a cres-
cent in base, indicating two victories by the flower-de luces over the French, and-
by the crescent another over the Turks.

And, in the fore-mentioned 6th edition of Guillim, at the title of Civil Honours,
page 66. there is another occasion than those mentioned of quartering other coats
of arms : " Thus, , if an Englishman in the field, when the banner royal is dis-
•' played, do put to flight any gentleman which is an enemy to his prince, from his
" banner of arms, the English soldier may honour his own coat in the sinister
" quarter with the proper coat of the gentleman he has so put to flight. An in-
" stance of this kind (says our author) is the coat of Sir John Clark, who to^k
" prisoner Lewis de Orleans, Duke of Longueville, at the Journey of Bomy by
" Cerovenes, Henry VIII."

Some carry their prisoner's coat as a part of their crest ; thus did Richard Wal-
ler of Gromebridge in Kent, who took prisoner John Duke of Orleans, at the battle
of Agincourt, and hung the entire coat of the said Duke by a string, upon a branch
of a walnut tree, his own proper crest.

In the blazon of the arms of William Ferdinand Cary, Baron of Hunsdon,
by patent first Ehz. 1558, argent on a bei^d sable, three roses of the first, the arms
of a vanquished Arragonian knight ; the proper arms of Cary being gules, a che-
veron between three swans argent.

Women are also honoured by titles of honour and concessions of arms, as addi-
taments to their paternal ones ; of which last I have spoke before, page 34. As
for their additaments of honour, I shall here add some few examples with the
English, who say, as in Guillim, " Women in England are noble according to their
" husband's quahty (as also in Scotland) and so are either honourable and noble,
" or ignoble ; their honourable dignities are princesses, duchesses, marchionesses,
" countesses, viscountesses, and baronesses."

The noblesse are all knights' ladies, who, in all writings, are stiled dames ; all es--
quires' and gentlemens' wives, on]y gentlewomen.

The third sort comprehends the plebeians, and are commonly called good-
wives.

NoblewoTnen are so by creation, descent, or marriage.

Of women honourable by creation are divers examples ; of wliich the first (as
our author remembers) was Margaret Countess of Norfolk, created by Richard II.
Duchess of Norfolk ; and many of them had their honours granted by patents to
themselves, and the heirs-male of their bodies to be begotten ; with special clauses,
" That their heirs-male shall have voices in parliament, creation-money, their mo-
•' ther's titles, as if she a dutchess, he a duke ; and if a countess, he an earl ; with
" the ceremony of mantle, surcoat, arms, and coronet, &c." The like grant had
Lady Margaret, daughter to the Duke of Clarence, created Countess of Salisbury
by Henry VIII. Thus also the Lady EUzabeth Finch, being by King James I.
created Viscountess of Maidstone ; and by King Charles I. Countess of Winchel-
sea, the dignity entailed on the heirs-male of her body begotten. Not to instance
any more, I shall only mention the wives of Henry VIU. who was very liberal in

OF MARSHALLING ARMS, ^V.

73

bestowini:; such titles and arms upon his favourites, and especially his wives. His
second wife Anne Boleyne, before he married her, to qualify her for his bed, he ad-
vanced to the dignity of Marchioness of Pembroke ; and to lionour her paternal
bearing, which was to be impaled with his royal one, he added three noble coats of
arms of the f;xrailics of the royal blood, and those of dignified feus, to wit, those of
Lancaster, Angoulesme, and the Dutchyof Guienne, which were all marshalled in the
chief places before her own in one shield : as Sandfjrd in his Genealogical History
of England.

His third wife being Jane Seymour, daughter of Sir John Seymour, he honoured
ber family with, arms composed with figures of the royal ensign, and created her
brother Edward, Lord Beauchamp; and the additament of honour to the arms
was, or, on a pile j^a/cj-, betwixt six flower-de-luces azure in pale, three Wou^ passant
gardant of the first, being those of England, which were quartered by his succes-
sors in the first and fourth quarters, before the paternal arms of Seymour, viz.
azure, two wings conjoined in lure or, as carried by the family of Seymour. Duke

of SOMERS-ET.

His sixth wife, Katharine Parr, sister of William Marquis of Northampton.
was not only honoured in her own person, but her father's family also, with such
another coat of concession, viz. argent, on a. pile gules, betwixt six roses of the
last, three roses of the first, which were marshalled in the first place before the
paternal ones of Parr, viz. argent, two. bars azure, within a bordure ingrailed
sable.

Queen Elizabeth was more sparing in granting such concessions of the royal
ensigns ; nay, on the cMitrary, resented the using of them with their own, by
those who had right to them to show their maternal descent, albeit agreeable to
the approven practice of England.

This resentment was specially remarkable on the descendants of Henry VIL as
particularly M.^y Qj.ieen of Scotl.\nd, great grand-daughter to that king, by his
eldest daughter Margaret, wife to King James IV. of Scotland, for showing the
maternal descent of King James V. her father; and to Frances Brandon, Dutchess
of Suffolk, also grand-daughter to the same King, by his younger daughter Mary,
widow of Lewis XIL of France, afterwards married to Charles Brandon Duke of
Suffolk. This Dutchess, durst not, during her hfetime, show her maternal descent :
but the Queen was pleased to honour her funerals with a coat of augmentation, as
by her order and warrant ; which I have inserted verbatim in my Essay of the
Ancient and Modern Use of Armories, page 14S.

From which may be observed, first. That Ajms of Special Concession are
the ensigns of sovereignty, or pieces of them, which cannot be granted by heralds-
without a special warrant from the sovereign. Secondly, That such arms shall
take place before all other sorts of arms. And. thirdly, Heralds are to record themi
in the registers, and to pass them in all solemnities.

I shall only add, for a conclusion of this section, some general observes- fram
Ashmole, in his Institutions of the Garter ;. " That the Kings of England, as sove-
" reigns of that order, have been of late in use to grant to the Clinodial Knights
" additional arms in distinct quarters from their paternal ones on their banners,.
" (which ought to hang over their stalls, lest otherwise they should, seem too na-
" ked), as King James L of Great Britain was pleased to give to Robert Carr
" Viscount of Rochester, afterwards Earl of Somerset, whose paternal coat being
" gules, on a chsvevon argent, three stars of the first, he first added a \\on passanc
" gardant or, in the dexter chief point, as a special gift of favour, being one of the
" lions of England. And then, says oar author, a new invented coat to be borne
" quarterly, being quarterly or and gules." He also tells, chap. 11. sect. 7.
" King James granted to Sir Thomas Erskine a coat of augmentation to be quar-
" with his paternal, when he was made a knight of that order :" But, with sub-
mission to that learned author, that coat of augmentation of Sir Thomas Erskine
Earl of Kelly was granted long before, upon another account than to fill up his
banner when made a Knight of the Garter, as I have shown before. The same
learned author tells us, chap. 7. sect. 2. " That the Garter, the principal ensign of
" that order, has been given by way of armory (but without the motto) in sun-
" dry bearinsrs; as on the seal of arms belonging to the office of Garter Principal

Vol. n. " T

74 OF MARSHALLING ARMS, ^c,

" King of Arms, where the garter surrounding a crown (of which before in the
" section of Offices) is placed in chief between one of the hons of England and
" a flower-de-luce of France. And, to instance families, says he, we find ardent,
" three demi-garters azure, buckled and garnished or, granted by King Henry
" VIL to his servant Peter Uarbon, and sable, a garter between three buckles of
" the same, to be borne by the name of Buckland or Bowland, in the county of
" Northampton."

Having, 1 suppose, already satisfied my reader with a sufEcient number of in-
stances of Arms of Special Concession, and showed their nature and right of pre-
cedency to others, as being originally parts of the ensigns of sovereignty, and only
granted by sovereigns, I shall proceed to speak of Feudal Arms.

OF FEUDAL ARMS, OR ARMS OF DIGNITIES.

Amongst the many ways of acquiring arms, that of noble feus and territories is
one; the possessors of which have right to carry those figures which seem to be
annexed to dignified feus; such as those of dukedoms, marquisates, earldoms, and
old baronies, which the possessors carry to show their dignities by possession of
them, by right of succession, or grant of the sovereign ; as Hoppingius de yure
Insigniinn, paragraph 2. " Cum feuda nobilia titulo successionis vel beneficio
" domini jus &■ voluntatem habentis, insignia conferri &. perfecte acquin palam
" est."

Feudal Anns, in my humble opinion, were originally either those that were
granted by sovereigns upon the erection of dignified feus, or the arms of the old
possessors, which, by a long continuance, seemed to be annexed to the feus : as in
France, Guienne, an appanage, the dukedoms of Burgundy Ancient and Modern,
the counties of Vermandois, Dreux, Evereux, Aubigny, &c. all appanages of old
of the sons of France, and have for arms annexed to them those of their ancient
possessors the sons of France, who failing by want of issue, or otherwise, their suc-
cessors into such noble feus, though strangers, marshalled the arms of those feus
with their own, by the favour of the sovereign.

With us I shall mention some feudal arms which seem to be annexed to eail-
doms and lordships, before I proceed to give examples of others, with their blazons,
and by whom now carried. The earldom of Arran, lordship of Lorn, Orkney and
Caithness, afterwards earldoms, the arms properly belonging to them of old, and
now still, are ships, lymphads, or boats, the emblems of their inhabitants, trade,
and the service which they were obliged to perform to their sovereigns, by the
reddendos of the charters of those noble feus; some of which I have seen, as that
of Lorn, viz. unam navim viginti remorum si petatur tempore belli: being obliged to
furnish a ship of twenty oars for service in time of war, when required.

Some lawyers are of opinion, that ignoble persons, in possession of noble feus,
are nobilitate by them, and may carry arms at their pleasure without authority,
providing they assume them not {in emulationem alterius') to the prejudice of others;
because, say they, every man may choose a name for himself, seeing this is not
forbidden in any law; as Bartolus, lib. \. Cod. de Dignitate; and Segoin in his
Treatise de Regno Italico, lib. 7. tells us, " That about the year of God 937, the
•' Emperor Otto brought in a custom to Italy, by which the ignuble became noble,
" by possessing noble feus, and had right to carry arms; but still this was thought
" to be done with the special consent of the sovereign, and is so understood by the
" law and customs of all nations." Hoppingius de Jure Insignium, in the fore-
cited paragraph 3. proposes the question, and answers negative thus : " An autem
" ignobilis, per feudi nobilis consecutionem, &. talis qui ejus feudi arma deferendi
■' potestatem habeat efficiatur.' Respondetur non." Joan. Gallus tells us the same,
and that it was so decided and determined in France in the year 1282, " That
" none could carry marks of dignity and honour without the approbation of the
" sovereign." And the anonymous author of Observritiones Genealogictr, lib. i.
cap. 39. tells us, by the custom of Flanders and other countries, though noble
feus be alienable by the ancient possessors to strangers, the dignity cannot pass to
them, but returns to the sovereign : And the same holds in Britain, that those who

OF RIARSHALLING ARMS, l^c

75

acquire noble feus, the dignity of them must be granted by the sovereign; without
which grant the purchasers cannot use the arms of those noble feus; for arms,
these many ages, being hereditary marks of honour, and in place of the Roman
statues, cannot be assumed without the consent of the supreme power.

Though arms in their first acceptation, as sym/w/a, were anciently the only way
of expressing things, and u^ed to distinguish persons, families, and communities, or
taken up at pleasure by any man ; yet hath that liberty for many ages been de-
nied, and made the rewards and ensigns of merit, or the gracious favours of princes,
regularly formed and disposed in a comely dress, first by the Germans, where arms
are said by some to have begun, as their terms, regular descriptions, and blazons
did in France, whom all Europe have imitated therein. 1 shall pass by then- an-
cient practices, having spoken before of them, and where I have omitted in Bri-
tain, 1 shall insist a little on those in England and more fully of their practice in
Scotland. As to the present subject, in England, none were allowed arms by the
laws of gentility, but those that have either right to them by descent or grant, or
purchased them from the badge or body of any prisoner they, in open and lawful
war, had taken ; of which 1 have given some instances before.

Therefore Henry V. of England did publish by proclamation, " That no man
" of what estate, degree or condition soever, shall assume such arms, or coats of
" arms, except he hold, or ought to hold them by right of inheritance, or by the
" donation of some person who hath sufficient power to give them; and that he
" shall make it appear to officers appointed by us for that purpose, by whose right
" or gift he enjoys them, except those that bare arms with us at the battle of
" Agincourt." From that ingenious gentleman that wrote the Introduction to
Guillim's Display, of the sixth edition, 1 shall here add the words of the law, which
the author gives us from the archives in the Tower of London. " Qiiod nullus
" cujuscunque status, gradus, sen conditionis fuerit, hujusmodi arma, sive tunicas
" armorum in se sumat, nisi ipse jure antecessorio vel ex donatione alicujus ad hoc
" sufficientera potestatem habentis, ea possideat aut possideie debeat, &. quod ipsa
" arma, sive tunicas illas ex cujus dono obtinet, demonstrationis suk personis ad
" hoc per nos assignatis seu assignandis manifeste demonstrat, exseptis illis qui no-
" biscum apud bellum de Agincourt arma portabant," &c..

By which it is plain the voluntary assumption of arms is denied by the Kings of
England; and which is also done by the Kings of Scotland, by the 125th act,
12. Pari. Jacob. VI.; of which more particularly in another place. But to return
to feudal arms, and their particular practice.

Arms, as I have said before, were anciently taken, not only as marks of noble
descent, alliances, offices of merit, and royal favour, but also of right to feus, terri-
tories, jurisdiction, and other valuable things in possession, or of pretension to
them..

Those who had or pretended to such arms, did not of old place them in one
shield, but carrying sometimes one, and sometimes another, (which I have de-
monstrated in the E^say of the Ancient and Modern Use of Arms, chap. 3. and
elsewhere:) They came in use to carry these arms in diiferent and distinct shields,
and other military furniture ; which gave occasion for seals to be made with two
sides, a face, and a reverse: the face where a man is represented in a tiirone,
or on horseback, with a shield of arms, called the royal or equestrian side of
the seal, and the other side, called the reverse, another shield of different arms.

Ordinarily, before the use of marshalling many arms in oni shield, there were
distinct arms on tire equestrian side, where a man is represented on horseback in
his surcoat, upon which were arms different from those on the caparisons of his
horse; and they again from those on the shield or buckler winch he carried upon
his left arm: And, upon the other side of the seal, called the ;fi'c'/j-(f, ordinarily
the paternal or principal coat of arms, accompanied with other shields of arms,
commonly called collateral shields, because placed at the sides, or below the prin-
cipal or paternal ensign, Vi-hich they did accompany upon the account of al-
liance, office, or territories; as may be, seen on foreign seals and coins^ especially
dollars.

To illustrate this practice I shall bring a few examples from Olivarius Uredus's
Collections of the Seals of the Earls of Flanders ; and I shall mention the like in

76 OF MARSHALLING ARMS, tic.

England and Scotland. Baldwin Count of Hainault and Marquis of Namur, his:
seal had two sides, face and reverse; on the first was a man on horseback brandish
ing a sword, and about his neck hung a shield of arms, bendy sinister of six pieces,
for the earldom of Hainault ; and, on the reverse, a shield of arms charged with
two cheverons, as Marquis of Namur, in anno 1178. He married Margaret, sister
and heir of Philip Earl of Flanders ; she bore to him Baldwin Earl of Flanders,
who left two heiresses, Jean and Margaret; the first married to Ferdinand son of
Sanctius King of Lusitania, anno i2n: He had on his seal of arms, upon the ons
side, a man on horseback in his coat-armour, or surtout, barruly of ten pieces
the arms of Lusitania, and on his left arm a shield charged with the Lion of Flan
ders ; and, on the reverse, or other side of the seal, the ancient arms of Hannonia,
three cheverons; so that there were three coats of arms upon one seal; which I
have mentioned before, with others, page 30.

Other great men in that country, and in the countries near thereto, continued
all the arms they had right to, but placed them at the sides, or round their proper
arms in the middk ; and in later time they have heaped them up in one shield
by way of marshalling. I shall here add what the German Hoppingius de Jure
Insignium, paragraph 3. says, " Vix enim ullus in &- extra imperium invenitur
" princeps, comes, baro, qui non suum, ex diversis feudis regahbus, in quibus
*' ipse vel majores ejus successerunt, auctum habeat clypeum."

Sandford, in his Genealogical History, gives us several instances of this practice
of old in England; some of which I have given in this Treatise, chap. 2. and of
the same in Scotland, and shall here add one from Sir George Mackenzie's
Science of Heraldry, chap. 27. page 88. viz. the achievement of the Lord Bre-
chin, of old, being three shields, one upright, the other two collateral ones lying
horizontally, all conjoined at three points; the uppermost argent, an eagle dis-
played, with an arrow through its breast, gules; the second shield, on the right
side, argent, three piles (or rather the passion-nails of our saviour) conjoined in
point gules ; the third shield, azure, three garbs or, the feudal arms of the earldom
of Buchan.

I shall add here a deduction of the ancient and great family of Brechin Lord
Brechin, and how it came to terminate into the family of Maule EarLof Pan--
mure.

David Earl of Huntingdon in England, and Earl of Garioch and Lord Brechih
in Scotland, brother to King William the Lion, both grandsons to King David L.
carried, according to Sir John Feme, argent, an escutcheon within a double tres,
sure flowered and counter-flowered ^a/^j-. What authority Sir John Feme had for
assigning these arms to Earl David I know not, but to several of his charters
(Collect, of Charters in the Cotton Library) his seal is appended, having the pic-
ture of a man on horseback, and on his arm a shield, charged with three piles
issuing from the chief, and conjoined by the points in base. He died in England,
anno 111% (Dugdale's Baronage) and left his lordship of Brechin to Henry his
natural son, from which he took his surname.

This Henry Lord Brechin, and his descendants,, used Ear their armorial bearing,
or, three piles j'«/f.r, as still carried by the Earls of Panmure; as appears by an an-
cient collection of ordinaries in the Cotton Library. He is witness to a charter of
King William to Malcolm Earl of Fife, where he is called Henrico Jilio comitis
David fratris mei ; and John Earl of Chester, his brother, in a donation to the
canons of St Andrew's, designs him Henricus de Brechin, filius comitis DaVid; and the
same Earl John, in a mortification to the monks of Aberbrothock, calls hiro
Henrico de Brechin fratre meo. (Register of St Andrew's Priory, and Chartulary of
Aberbroth.) By Julian his wife he had,

William Lord Brechin, who founded the Maison Dieu, or St Mary's Hospital of
Brechin, for the salvation of the souls of WilHam and Alexander Kings of Scotland,
John Earl of Chester and Huntingdon his uncle, Henry his father, and Julian his
mother: And in the foundation-charter designs \nmse.\i IVillehmis de Brechin, filius
Henrici de Brechin, filii comitis David. (Confirm, by King James HI. in 1477,
wherein the original is transumed.) He is a witness with Alexander Stewart of
Scotland, and David de Graham, to a charter of David Bishop of St Andrews to
ihe monks of Paisley, in 1247, and stiled Willelmo de Brechin, barone et militej

OF MARSHALLING ARMS, ^c. 77

(Chartul. of Paisley.) ^mio 1254, he was an arbitrator betwixt the Abbot (.^f
Aberbrothock and Peter de Maule Lord ot" Panmure, concerning the marches of
the baronies of Aberbrothock and Panmure, which the Earl of iiuchan, Justiciar
of Scotland, by the king's special command, had perambulated. (Chart, of Aber-
broth.) Further, in 1255, he was one of the iVIagnates, with whose counsel, «
aliorum pluriuin baronmn, the king gave commission to the Earls of Monteith,
Buchan, and Marr, to treat with the English. (Rymer's Fosdera.) He was also
one of K.ing Alexander IlL his Privy Counsellors, and one of the regents of the
kingdom in his minority, deputed ad gubernationem rcgui, ct custodiam corporis re-
pis et regime. (^Ibid.) And, in the year 1283, one of the froceres Hcoticc, who
obliged themselves to receive Margaret of Norway as heir of the crown, failing
issue-male of the king's body. {Ibid.') This great lord married a daughter of
William Cumin Earl of Buchan, Justiciar of Scotland. (Andrew Winton's MS.
Hist.) And most probably those are his arms given by Sir George Mackenzie in
his Science of Heraldry, page 88. which he calls Lord Brechin, of old, with an an-
tique mantling, where there are three shields of arms; that on the right has the
arms of Lord Brechin, as blazoned above; that on the left the arms of Buchan,
his wife's family; and the third shield is charged with an eagle displayed, pierced
with an arrow, which perhaps were his mother's arms, whose family is not well
known: And this practice of collateral shields was frequent in Scotland before the
use of marshallmg; for which see my Essay on the Ancient and Modern Use of
Armories, page 55. But the similitude of the Lord Brechin's bearing with that of
the name of Wisehart, has led Sir George Mackenzie into the mistake of calhng
Lord Brechin the VVisharts, whose arms are carried by the Marquis of Douglas ;
whereas none of that name ever were concerned with the lordship of Brechui, or

used that title. By Cumin, his wife, William Lord Brechin had for his

son and successor

David Lord Brechin, who is found in the Ragman's Roll among those who
swore fealty to Edward L King of England in 1296, (Prynne's Hist.); and was one
of the great barons of Scotland whom King Edward required to attend him with
their men, horses, and arms, into France, 1297; but the same year he was allowed
to return home, upon giving his obligation to arm himself, and return again to the
king's service, dated at Maghefeld 30th of May, and 25th of King Edward's reign.
{Fcedera Anglice.) He was at many of the battles fought after Baliol's renuncia-
tion, particularly at that of Methven in 1306, where he took Sir Simon Eraser
prisoner. {Fcedera.) And in 1308 he was one of King Edward's council, from
whom he gets a letter thanking him for his past services, and encouraging him to
continue consilium et auxilium suum in his service. (Fcedera, Vol. 111.) He con-
tinued on the Enghsh side, with his relations the Cumins, till the battle of In-
verury, where this Lord Brechin, the Earl of Buchan, and Sir John Mowbray,
commanded the army, which was routed by King Robert : Upon which the Lord
Brechin retired to his castle of Brechin, which he had garrisoned ; but being be-
sieged by the Earl of Athol he made his peace with the king, (Barbour's Life of
Robert Bruce, p. 168.) and ever aft>;r continued most loyal, having married a sister
of King Robert I. and daughter of Robert de Bruce Earl of Carnck, (Buchanan)
by whom he had David his successor, Thomas Brechin of Lumquhat, forfeited
with his brother, (Inventory of the Registers) and a daughter, Margaret, married
to Sir David Barclay, knight, in 1315; as appears by his charter of that date, " Mar-
" garetie filias domini David de Brechin, de terns de Cairny, Barclay, &c. pro ma-
" trim.onio inter eos contrahendo." (Penes C. de Panmure.)

Which David Lord Brechin, his son, called the Flower of Chivalry, in his youth
went to the Holy Land, and signalized himself against the Saracens. (Buchanan.)
In the 1323 he is one of the barous who wrote that bold letter to the pope, in be-
half of King Robert Brace, and the independency of Scotland ; but next year, viz.
1321, he was unhappily made privy to the Countess of Strathern and the Lord
Soulis' conspiracy against the king his uncle; for not discovering of which he was
tried at the Fai-liament, called the Black Parliament, and sutfered death, to the
universal regret of the people, being the king's nephew, " Et omnium aetatis suae
" juvenum, ec b.;lli, St pacis artibus longe primus," says Buchanan. This power-
ful lord, at his forfeiture, possessed the lordship of Brechin, the barony of Rothe-

VoL. II. U

73 OF MARSHALLING ARMS, y^.

may, the lands of Kinloch, and part of Glenesk; all which were given by King
Robert Bruce to Sir Cvid Barclay, (Inventory of the Registers) who had mar-
ried the Lord Brechin's sister.

Which David Barchiy Lord Brechin had, for his paternal estate, the barony of
old Lindores, and lanas of Cairny in Fife, out of which he and Margaret Brechin,
his wife, gave a fishii/g in pure alms to the monks of Balmerino. (Regist. of Bal-
merino.) He was H.gh Sheriff of Fife, (Sibbald's Hist, of Fife) and was famous
in the wars of King I'.obert Bruce, with whom he was present at most of his
battles, particularly Mtthven, where he was taken prisoner. (Barbour, p. 32.)
He is also fre(]uently mentioned in the wars of King David Bruce, whom he faith-
fully adhered to; and, in 1^41, by that king's command, seized Sir William
Bullock, Chamberlain of Scotland, suspected of treason, and committed him to
prison; but afterwards having a feud with the Douglasses, he was murdered at
Aberdeen in 1350 by John of St Michael and his accomplices, at the instigation of
William Douglas of Liddesdale; as related by Fordun, who calls him Nobilis
vir et potens dominus David de Barclay miles. (Hearne's Scoticbronicon, Vol. IV.
p. 1040.) By Margaret Brechin, his wife, he left David his heir, and Jean, mar-
ried to Sir David Fleming of Biggar, by whom he had a daughter, Marion,
the wife of Sir William Maule of Panmure; as appears by a charter of this Wil-
liam to Marion Fleming, his wife, the daughter of Sir David Fleming, of his lands
of Scryne, &.c. confirmed by King Robert II. ad annum 1381. {Penes C. de
Panmure.)

David, next Lord Brechin, by his charter sine data, grants his Lands of Kyndest-
lyth, to be held of him and his heirs, to Hugh Barclay his cousin, son to David
Barclay his uncle, from whom Collerny is descended : {Chart, penes Hen. Barclay
de CuUerny.') And in 1363, he grants a charter of confirmation of the lands of
Dunmure, lying in his barony of Lindores, to Roger Mortimer. {Penes C. de.
Panmure.) He went to the wars of Pmssia, for which he obtained a safe conduct
from Edward III. of King England, to pass through his dominions, attended with
twelve esquires, an4 their horses and servants, dated in 1364, the 37th of Edward III.
(Extract from the Tower of London.) And after his return he is also mentioned
in the wars of King David Bruce. By Jean his wife he left one daughter, Mar-
garet, his heir, who was married to Walter Stewart, second son to King Robert II.
by Euphame Ross his queen. (Chart, in pub. .Archiv.)

This Walter is first designed in charters Lord Brechin only; but afterwards he
comes to have the titles of Palatine of Stratheru, Earl of Athol and Caithness, and
Lord Brechin : And by the foresaid Margaret, his wife, he had David Stewart, who
died an hostage in England for the ransom of King James I. and Allan Earl of
Caithness, killed at the battle of Inverlochy in 1430, without issue. {Scoticbroni-
con.) But the Earl of Athol, though his lady died before himself, kept possession
of this lordship till the 1437, when he was executed for the murder of King
James I.; at which time Sir Thomas Maule of Panmure laid claim to the estate of
the Lord Brechin, as heir to Margaret Countess of Athol. heiress of Brechin, to
whose heirs it had been provided by a charter 19th October 1378; {in pub. jirchiv.)
and took instrument upon the Earl's declaration, before his execution, that he pos-
sessed the lordship of Brechin only by the courtesy. {Instrum. Penes C. de Pan-
mure.) And that same year Thomas Bisset of Bdwylo makes oath judicially,
" That David Lord Brechin, father to the Countess of Athol, had no brothers, and
" but one sister, Jean Barclay, the v/ife of Sir David Fleming, and grandmother
" to Sir Thomas Maule, killed at the Harlaw." {Penes C. de Panmure.) And the
said Sir Thomas Maule, in 1442, takes a notorial transumpt of the above charter
of Dunmure by David Lord Brechin, to preserve and show his right to the su-
periority of those lands, as heir to the said Lord Brechin; notwithstanding of
which the family of Panmure got possession only of the lands of Hetherwick,
Leuchlands, Jackston and Staddockmuir, parts of the Brechin estate; and the
Privy Council in King James II. his minority, caused annex the lordship of Bre-
chin to the crown, on pretence of Athol's forfeiture; (Acts of Parliament) and in
1487, James, the king's second son, amongst other titles, was created Lord Bre--
ehin.

Of MARSHALLING ARMS, Wc.

79

But this lordship being sometime after again dissolved from tlie crown, has now
been a considerable time enjoyed by the family of Panmure, who are heirs of
olood to the ancient Lords Bkechin, whose title tliey carry, together with their
arms, viz. quarterly, first and fourth azure, a cheveron betwixt three crosses patee
a;yc77r, for Barclay; second and third s/-, three pdes issuing from the cliief, con-
joined by tlie points in base gules, for Brechin, which are placed irL the third
quarter of the Earls of Panmure's shield of arras, as blazoned page 49. of this
volume.

Most of our ancient earldoms, and some of our old. lordships have, as it were,
armorial ensigns annexed to them ; which were eitlier those granted upon their
erection, into noble feus, or those of the ancient possessors, and, by the favour of the
sovereign, are transmitted with the dignity of the feu to other different families,
who, by modern practice, quarter the arms of these dignities conferred on them
with their proper arms, merely as feudal ones, and not upon the account of descent
or alliance with the ancient possessors of these dignified feus, nor upon the ac-
count of special concession, patronage, or otherwise, but only as invested in these
noble feus : So that we meet with distinct families carrying one coat of arms, but
upon different accounts ; as by many instances in tte former, and in this Vo-
lume, to which I shall add a considerable number here, to show the honour and
dignity of our ancient and modern families.

I begin- with the name Cuming or Cumin, once a numerous and powerful fami-
ly, whose arms were azure, three garbs or. The most emipent family of the name
was dignified with the Earldom of Bochan ; which noble family came to a period
in the reign of Robert Bruce, upon the account of their rebellion in adhering to
the interest of England; (a branch of v.'hich family now remaining is Cumin of
Coulter, wlio carries the above arms to show his descent; see Appendix, page 58.
and Plate of Achievements) and their arms ever since became the feudal ensigns of
the earldom of Buchan, to several different families who were honoured with the
title of that earldom.

The first that I have found to carry them, as such, was Alexander. Stewart,
fourth son of King Robert II. when created Earl of Buch,\n by his father, who, by
our old books of blazon, carried, quarterly, first and fourth Stewart, or, a fesse
cheque, azure and argent ; second and thu'd azure, three garbs or, as the feudal
arms of the earldom of Buchan : After his death, having no lawful issue, that
dignity returned again to the crown. Afterwards King Robert III. invested John,
second son to Robert Duke of Alb.any, Earl of Fife and Monteith, in the earl-
dom of Buchan, who carried then the arms of Scotland, quartered with the feudal
arms of Buchan ; as in the First Volume, page 48.

King James II. bestowed the earldom of Buchan upon his uterine-brother James
Stewart, second son to James Stewart, called the black Knight of Lorn, and his
Lady, Jean Beaufort, Queen Dowager of King James I.

Which James Earl of Buchan married Margaret, daughter and heiress of Ogil^
VIE of AucHTERHOusE : By her he had Alexander Earl of Buchan, and Lord
Auchterhouse, who carried, as in our old books of blazon, quarterly, first and
fourth or, a fesse cheque, azure and or; secopd and third azure, three garbs or, for
the Earldom of Buchan: But the German writer Jacob Imhoff, upon what reason
I know not, speaking of this family, makes the fesse cheque sable and argent, and
accom.panies it with three wolves'^ heads erased ,f///cj-. Alexander Earl of Buchan's
grandson, viz. John, Master of Buchan, was killed at the battle of Pinky : His
estate and dignity came to Christian his daughter and sole heir, who was married
to Robert Douglas, son of AViUiam Douglas of Lochleven, a younger brother of
William Earl of Morton. Tiieir son was James Douglas Earl of Bucii.\n. who
carried, quarterly, first and fourth Douglas of Lochleven, viz. argent, three piles
issuing from a ch\&i gules, charged with two stars of the first; second azure, three
garbs or, for the earldom of Buchan; third or, a fesse cheque, azure and argent, for
Stewart. And he having but one daughter, Mary, his heir, who was wife to James
Erskine, eldest son of John Earl of Marr, by hi.-; second lady Mary Stewart, daughter
of Esme Duke of Lennox : James Er5kine, in his wife's riglit, was Earl of Buchan,
and carried, quarterly, first Buchan; second Stewart; third Stewart of Lennox,
upon the account of his mother; and fourth Douglas of Lochleven, upon the ac-

ao OF MARSHALLING ARMS, iSc.

count of his wife, as just now blazoned ; and over all, by way of an inescutcheon,
the arms of Marr and Erskine, quarterly; as in Plate 7. fig. 3. in the Ancient and
Modern Use of Armories : so that he carried both feudal coats of arms, arms of
alliance and descent. The issue of this family failed, and David Erskine, eldest son
of Henry Erskine Lord Cardross, whose progenitor was Henry, immediate younger
brother of James Earl of Buchan, by his wife Mary Douglas, heiress of the earldom
of Buchan as above, was, by the Parliament of Scotland, declared Earl of Buchan,
and took his place in Parliament according to the seniority of the Earls of Buchan.
But more of him and the cadets of the family with their arms, in the First Volume,
page 40. and his achievements in tai/le douce, Plate IV.

The old Earls of Athol carried paly of six pieces argent and sable. This an-
cient and noble family, for want of issue-male or otherwise, came to the Cumins,
and, upon their forfeiture, returned to the crown, the fountain of all honour. Ro-
bert II. conferred that earldom upon Walter Stewart his second son. He carried
the arms of Athol, quartered as feudal ones with his paternal : but being forfeited
as one of the murderers of King James I, that earldom was again annexed to the
crown.

King James II. bestowed that earldom upon his uterine-brother John Stewart,
the black Knight of Lorn, and Jean Queen Dowager : John the then Earl of
Athol carried, quarterly, first and fourth Stewart ; second and third paly of six
pieces, argent and sable, for the title of Athol ; as did his descendants, till that
dignity came to Murray Earl of Tullibardin, now Duke of Athql, who now
carries those arms as feudal ones j of which before. Volume First, page 50. and
248.

The old Earls of Marr, of the same name, had for arms azure, a bend between-
six cross croslets fitched or, vvhich became feudal ones to other families, who
were honoured with the earldom of Marr ; for which see Volume First, page
127.

The arms of the old Earls of March and Dunear became the feudal arms of that
earldom to other families that were honoured with that dignity, after it was an-
nexed to the crown by King Robert III. upon the forfeiture of George Dunbar
Earl of March. King James II. created Alexander his second son Duke of Al-
bany, Earl of March, Lord Annandale, and of the Isle of Man : Upon which ac-
count he carried the arms of those dignities quarterly ; first the arms of Scotland
entire ; second gules, a lion rampant argent, within a bordure of the last, charged
with eight roses of the first, for the earldom of March ; third gules, three legs of a
man armed proper, conjoined in the centre at the upper parts of the thighs, flexed
in a triangle, garnished and spurred or, the arms of the Isle of Man ; fourth or, a
saltier and ch\et' gules, the feudal arms of the Lordship of Annandale, which were
on his seals ; and at this day are to be seen entire on the College-church of Edin-
burgh, to which he was a benefactor. This duke was twice married ; first to Ka-
tharine Sinclair, daughter to William Earl of Orkney : she bore to him a son
Alexander, who married Margaret, daughter of the Lord Crichton, and had a daugh-
ter married to David Lord Drummond. Alexander Duke of Albany, &.c. after his
Biarriage, entered into religious orders, was abbot of Inchaffray and Scoon, and
afterwards Bishop of Murray. He resigned his temporal honours in favours of his
younger brother John Duke of Albany, son of the foresaid Alexander Duke of
Albany, by his second wife, a daughter of the house of Bologne. This John Duke
of Albany, Earl of March, Lord Annandale, of the Isle of Man, Count of Bologne,
and Count of Auvergne, was Governor of Scotland for several years in the minority
of King James V. He carried on his seal of arms as his father, before blazoned.
I have seen a large piece of gold, coined in the year 1524 ; upon the one side is an
eagle displayed, and diademate, and below, it an escutcheon, quarterly, as before,
impaled with the arms of his dutchess, Anne de la Tour and Auvergne, viz.
quarterly, first and fourth seme of France, a tower, for the Count de la Tour ;
second and third argent, a gonfannon^w/ex, the gonfannon (/. e. the banner of the
church, which I have described in the First Volume, page 406, and caused cut it
in Copperplate IX. fig. 20.), and over all an inescutcheon, charged with three
torteauxes, for Bologne ; which shield of arms was adorned with a ducal co-
ronet, r

OF MARSHALLING ARMS, ^c. 8i

This duke died without issue and his dignities returned to their respective so-
vereigns ; but the titles of March and iVIan were given, with the arms of those
dignities, to the family of Lennox and Lord Darnly ; so that I shall here add briefly
these ensigns as an example of feudal arms.

Henry Lord Darnly, the eldest son of Matthew Earl of Lennox, before he was
married to Mary Queen of Scotland, being created Duke of Rothsay, Earl of Ross,
and Lord of the Isle of Man, had the arms of the last two dignified feus marshall-
ed with those of the family, and as husband to Queen Mary, viz. quarterly, first
and fourth azure, three flower-de-luces or, within a bordure gules, charged with
eight buckles of the second, for Aubigny and Evereux in France; second and
third or, a fesse cheque azure and argent, for Stewart ; over all, by way of surtout,
argent, a saltier ingrailed, cantoned with four roses gules, for the earldom of Lennox.
But I shall here give Prince Henry's arms, as they stand cut and illuminate on his
mother's tomb in Westminster, viz. quarterly, first quarter counter-quartered, Au-
bigny (or Evereux as before) with Stewart, and in surtout the arms of Lennox, as
his father before ; second quarter the arms of the Isle of Man, as before blazoned;
third quarter gules, three lions rampant argent, for the earldom of Ross ; and in the
fourth quarter the arms of Douglas Earl of Angus, being those of his mother. Upon
what account the Enghsh placed them there I know not, for she was not an
heiress ; but with us, in our books of blazons illuminate, they were counter-quar-
tered as the first. All which are impaled with the royal arms of Scotland, sup-
ported on the right side with a wolf, proper, and on the left by the unicorn of
Scotland, and the achievement ensigned with the imperial crown of Scotland.
The arms of the family of Lennox, more fully deduced, may be seen in my
book of the Ancient and Modern Use of Arms, and there cut in copperplate,
chap. 15.

The estate and dignities of the earldom of Lennox devolved by right of succes-
sion on Robert, who was Bishop of Caithness, and after him on his nephew Charles,
second son of Matthew Earl of Lennox, who, as Earl Matthew's brother apd
successor, carried both quarterly ; first Aubigny ; second Stewart ; third the arms
of the earldom of March ; fourth as the first; and over all, in surtout, the arms of
the earldom of Lennox, before blazoned, being feudal arms ; which may be seen
in my forementioned book. So, as I observed before, feudal arms have been much
frequented and used by our nobles. This Earl Robert resigned the earldom of
Lennox into the King's hands ad remanentiam, who confirmed the earldom of March
to him : but he died soon after without any issue, and that earldom returned also
to the crown.

King James VI. conferred the earldom of Lennox upon his cousin Esme Stewart,
Lord Aubigny in France, son and heir of John Lord Aubigny, brother of Matthew
Earl of Lennox, grandfather of King James VI. Es.me was High-Chancellor of
Scotland, and created Duke of Lennox, and carried for arms, quarterly, first and
fourth the feudal arms of Aubigny in France, second and third Stewart, and, by
way of surtout, the feudal arms of Lennox ; w^hich may be seen in my forecited
book, Plate VI. fig. 6. He married Catharine de Balsac, sister to the Sieur D'Ex
TRAGNES, who borc to him two sons and as many daughters; Ludovick his successor,
and Esme Lord Aubigny ; Henrietta married to John Gordon first Marquis of
Huntly, and Mary to John Earl of Marr ; who had to their husbands many chil-
dren, matched with noble families in Scotland ; which is the reason why we see
so frequently the arms of Sieur d'Entragnes, viz. quarterly, first azure, three sal-
tiers couped argent, and, on a chief or, as many salticrs couped of the first ; second
argent, a fret sable; thndi gules, three buckles or; fourth as the first, and in sur-
tout argent, a serpent gliding in pale azure vomiting out of its mouth a child gules .
Which arms, I say, with these of Lennox, are frequently to be met with on the
funeral escutcheons of our nobles, as proofs or branches of their maternal descents
from the houses of Huntly and Marr.

The male hne of Esme Duke of Lennox failed in Charles Duke of Lennox and
Richmond in England, who died without issue in the year 1672, and the honours
returned to King Charles II. who was served heir to him ; so that these noble feus
with their arms returned to the crown.
Vol. II. X

82 OF MARSHALLING ARMS, i^c.

Of late the honours and arms of the earldoms of March were conferred upon
William Douglas, second son to William Duke of Queensberry 1703; upon
which account he quarters the arms of that earldom with those of his father's.

The arms used by the Randolphs Earls of Murray, being argent, three cushions
within a double tressure, flowered and counter-flowered with flower-de-luces gules,
became the feudal arms of that earldom, when possessed by other families, with the
title of Earl of Murray.

Archibald Douglas, brother to James Earl of Douglas, who was, by King James
n. created Earl of Murray 1449, carried, quarterly, first and fourth the above
blazon of the earldom of Murray, second and third the paternal coat of Douglas :
He was forfeited for his rebellion 1455.

King James IV. bestowed that earldom on his natural son James Stewart, be-
got on Jean Kennedy, daughter to the Earl of Cassilis, who carried, first and
fourth, the ensign of Scotland, bruised with a batton sinister; second and third
argent, three cushions within the double tressure ^u/w, for the earldom of Murray :
He had no sons, but two daughters, and the earldom being a masculine feu at the
time, returned to the crown.

Mary Queen of Scotland conferred the dignity of the earldom of Murray on her
natural brother James Stewart, Prior of St Andrews, by letters-patent of the date
10th February 1563, to him and his heirs whatsomever. The Earl of Murray,
who was Regent of Scotland, carried the same quartered arms as his predecessors
in that earldom. He was killed in the town of Linlithgow, and left behind him
only one daughter, Isabel, his heir, who married James Stewart Lord Doune, who,
in her right was Earl of Murray, of whom is descended the present Earl of Mur-
ray, who carries, quarterly, first the arms of Scotland, within a bordure, gobonated
argent and azure, as descended from the regent ; second or, a fesse cheque, azure
and argent, for Stewart of Doune ; third argent, three cushions within a double
tressure counter-flowered gules, for the earldom of Murray ; and the fourth as
first.

The ancient Earls of Douglas, when dignified with the titles of noble feus, as that
of the Earldom of Galloway, carried the arms of that country, being azure, a lion
rampant argent; and when dignified with the title of Duke of Touraine in France,
and with the lordship of Annandale in Scotland, quartered the arms of those
dignities with their paternal ones thus, quarterly; first azure, three flower-de-luces
or, for the dukedom of Touraine in France ; second Douglas ; third azure, three
stars argent, for Murray Lord of Bothwell ; fourth argent, a saltier and c\i\&i gules,
for the lordshipof Annandale; sometimes they left out of their achievement the arms
of Galloway, to a branch of the family dignified with the title of Earls of Gallo-
way : And other younger sons of the family, who were Lords of Liddisdale, quar-
tered the arms of that lordship, being sahle, a lion rampant argent, with the pater,
nal coat of Douglas with suitable differences.

But I cannot omit to give an account, in short, how this ancient and noble
family of Douglas branched out in many honourable families, who carried all
feudal arms, with which they were dignified, and marshalled them with their pa-
ternal one.

William first Earl of Douglas had three wives, the first, Margaret, heiress of
MaiT, of whom James Douglas Earl of Marr ; which branch did not continue
long, as I showed before. The second wife was a daughter of Dunbar Earl of
March ; of her came the Earls of Douglas and Lords of Galloway, and their
branches : And by the third wife, Margaret Stewart, daughter and heir of John
Stewart Earl of Angus, their son was George, the first of the Douglasses Earls of
Angus, in right of his mother. He married Mary, daughter to King Robert III.
who bore to him James Earl of Angus, who carried, and his successors, by our old
books of blazon, and on their seals of arms, quarterly, first gules, a lion rampant
argent, for the earldom of Angus ; second Douglas ; third or, a fesse cheque azure
and argent, surmounted of a bend gules, charged with three buckles of the first,
for Stewart of Bonkill; fourth or, a lion rampant ^«/fx, surmounted of a bendlet
sable, for Abernethy. This noble family of the Douglasses, Earls of Angus, car-
ried sometimes the same coats of arms otherwise marslialled ; on which various
marshaUing of arms I cannot now insist, but give you the arms of that noble fa-
2

OF MARSHALLING ARMS, ^r. 83

mily as tliey have been more constantly used, and now carried by tlie Duke of
Douglas, viz. quarterly, azure, a lion rampant argent, for Galloway (if the field
were red, as I think it should be, it would stand for the earldom of Angus, to which
they had more right than to Galloway); second or, a lion rampant gules, sur-
mounted of a bendlet sable, for Abernethy ; third argent, three piles issuing from
the chief gules, for Wishart, and not for the Lords of Brechin, as some say ;
fourth or, a fesse cheque argent and azure, surmounted of a bend gules, charged
with three buckles of the first, for Stewart of Bonkill ; of which family were the
Stewarts Earls of Angus ; and over all, by way of surtout, the arms of Douglas,
which I have blazoned before, and caused them to be also engraven in the above
mentioned book, the Ancient and Modern Use of Arms.

The Town and Barony of Montrose carried arms relative to its name, viz,.
argent, a rose gules ; and from that barony David Lord Lindsay Earl of Crawford
was honoured with the title of Duke ot Montrose, by King James IIL; which dig-
nity did not continue in the family.

King James IV. honoured William Lord Graham with the dignity of Earl of
Montrose in the year 1445, upon which he and his successors. Earls of Montrose,
carried, quarterly, first and fourth argent, on a chief sable, three escalops or, for
Graham ; second and third argent, three roses gules, for the title of Montrose, now
carried by the present Duke of Montrose.

The arms of the lordship of B.adenoch, or, three lions' heads erased gules, a*
arms belonging to that feu ; which dignity was given by King James II. to the Lord
Gordon for his special services, and have been marshalled in the achievement of
his bearing, and is now carried by the Duke of Gordon ; of whom I have deduced
the descent of the family in my former writings.

To come to a close of this section of Feudal Arms, I shall only mention these
of the earldoms of Arran, Orkney, Caithness, and lordship of Lorn.

The arms properly belonging to these feus are shij)s or boats ; of which I spoke
before at the beginning of this section.

The arms of the Isle of Arran, argent, a ship with its sails furled up sable.
King James III. erected that isle into an earldom, in favours of ThoiMas Boyd,
son of Robert Lord Boyd, Chancellor of Scotland. Whether he quartered the
arms of Arran with his own, I know not; for he enjoyed that earldom but a short
time.

King James IV. bestowed that earldom upon James Lord Hamilton, who was
created Earl thereof the ninth of January 1503; for which the family since have
been in use to quarter the arms of the earldom of Arran, as feudal ones, with their
own.

The Lordship of Lorn's arms are, a lymphad (an old-fashioned ship with one
mast) sable, with flames of fire issuing out of the top of the mast, and from the
fore and hinder parts of the ship ; as by our old paintings and blazons called St
Anthony's fire. This Lordship belonged anciently to the M'Dowalls, who carried
those arms for want of male issue, which came to an heiress, who was married to
one of the name of Stewart of the family of Darnly, whose posterity were pos-
sessors of Lorn: King James II. 1445, created John Stewart Lord of Lorn, who
carried for arms, quarterly, first and fourth these of Lorn, as above ; second and
third or, a fesse cheque, azure and argent, with a garb and chief azure. Lord John
had no lawful sons, but a natural one, Dougal, predecessor of the Stewarts of
Appin, and three daughters heirs-portioners ; the eldest, Isabel Stewart, was mar-
ried to Colin Campbell Earl of Argyle ; Margaret, the second, to Sir John Camp-
bell of Glenorchy ; and the third daughter to Archibald Campbell, the first of ths
family of Ottar.

William Stewart of Innermeatli, as heir-male to John Stewart Lord Lorn,
claimed the lordship of Lorn, and accordingly, as heir-male, was seised in that
lordship the 21st of March 1469 : and in the month of November, the same year,
resigned that lordship in King James III. his hands, in fivours of Colin Earl of
Argyle, for which the Earl gave him other lands, and the King dignified him with
a title of Lord Innermeath.

Since which time, the Earls of Argyle, as Lords of Lorn, have always been in use
to quarter the arms of that lordshipi, as before described, (without the flames of

84 OF MARSHALLING ARMS, y<?.

fire issuing from the mast) as feudal arms with their own, and carried by his Grace
the present Duke of Argyle, thus, quarterly, first and fourth, gironne of eight
pieces, or and sable; second and ItaxA argent, a ship withhersails furled up, and oars
in action, sable.

Sir John Campbell of Glenorchy, who married the other sister, Margaret, and
whose issue was honoured with the title and dignity of Earl of Breadalbane,
quartered the whole bearing of John Stewart Lord of Lorn, with the paternal
arms of Campbell, to show their descent from the Stewarts of Lorn, viz. quarterly,
first, girony of eight pieces, or and sable, for Campbell ; second, argent, a ship
with her sails furled up, and oars in action sable, for Lorn; third, or, a itss cheque,
azure and argent : which coats of arms are to be seen cut in copperplate in the
above-mentioned book of the Ancient and Modern Use of Armories, chap. XV.

The armorial figures of the ancient Earls of Orkney and Caithness were ships, up-
on the account before mentioned. Torphin is said (as by Sir James Dairy niple in his
Collections, page 164.) to have been the first Earl of Orkney, and created by King
Malcolm II. His grandchild Renavald, to whom King David I. directs a mandate thus :
To Renevald Earl ofOrkney,?/ omnibus probis hominihusCataneiset Orchadia, in fa-
vours of the Monks of the Abbacy of Darw^c/j in Cataneis; as our above-mentioned au-
thor, page 269. Another Torphin, Earl of Orkney, Zetland and Caithness, (Sir James
Balfour in his manuscript says) married a natural daughter of King William the Lion,
and she bore to him John, his son and successor. Alexander Ross, in his Annals, says
he has seen this Earl John's seal of arms, which he describes thus, Navis circa li-
liis intexto, i. e. a ship within a double tressure ; which last figure, it seems, was
allowed upon the account of his descent from the royal family. Which arms are
often painted and blazoned in our old herald books, and, as a feudal coat, quartered in
the armorial bearings of those who were dignified with the titles of Earls of Ork-
ney and Caithness, thus blazoned by some ; and, as in Sir George Mackenzie's
Heraldry, quarterly, first, azure, a ship at anchor, her oars erected in saltier within
a double tressure, counter-flowered or, for the title of Orkney ; second and third, or,
a Hon rampant gules, by the name of Spar ; fourth, azure, a ship under sail
or (by some argent), by the title of Caithness;; and the Sinclairs of Roslin of old,
and now, have been in use to carry these coats, when dignified with those noble
feus, by placing their cross ingrailed sable over them : But see more of this ho-
nourable family with their arms, and those of their cadets, in the First Volume of
the System of Heraldry, chap. XV. page 118. ,

Sinclair Lord Sinclair of Ravensheugh marshals with his paternal coat the
feudal arms of the Earldom of Orkney and Caithness, as being the lineal heir-
male of William, Earl of Orkney, upon the account of his pretensions to these
earldoms.

ARMS OF PRETENSION.

Pretension is another cause of marshalling arms in one shield, by those who
pretend a right to sovereign dominions and feudal dignities, though possessed by
others.

The Kings of Spain have been in use to show their right of pretensions to the
kingdoms of Portugal and Jerusalem, though in the possession of others, not only
in using their titles, but their arms on their seals and ensigns, and in marshalling
the arms of those kingdoms with their own. Upon the same account, the Dukes
of Savoy have quartered the arms of the kingdom of Cyprus with their own, and
the English have not been wanting to do so with these of France.

Christi.\n UI. King of Denmark, about the year 1546, quartered the arms of
Sweden, viz. azure, three crowns or, with his own ; which gave ground of jealousy
to the Swedes, thinking that the Danes, by usurping those arms, pretended right to
the kingdom of Sweden; as Beckmanus says, " Tantum insigniorum istorum usur-
" patione, quoque jus aliquod in regnum Svvedia?, Dani pra;texerunt ;" so that a
bloody wr r broke out between these nations. King James IV. of Scotland inter-
posed for a peace by his two ambassadors. Sir Robert Anstruther of that Ilk, and
Sir James Spence of Womiiston, who happily accommodated the contest between

OF MARSHALLING ARMS. isc. 85

these two kingdoms, by four articles relating to the bearing of these arms^
account of which I have given before in the i6th chap, ia the Essay of Armo-
ries.

Carrving arms upon the account of pretended right to- kingdoms, dignified
feus, and other things, lias been the occasion of much bloodshed, enmity, and
discord almost everywhere ; so that, Hoppingivis ilc y:i>'e Insigniuiii, cap. 87.
speaking against assuming or usurping the arms of others, says, " Q^iis autem tain
" alienus a civili conversatione inventus unquam, qui non ob indifferentem in-
" signium delationem, dissidia, rixas, odia, injurias, certamina orta viderit, le-
" geritve."

The Kings of Denmark, amongst other reasons of pretending right to the supe-
riority of the city of Hamburgh, has one, that the city had, on its public places,
anciently the arms of Holsteint, and was a part of their dominions^ viz.. ^niles, a
nettle stalk of three leaves expanded, and, on its middle, an escutcheon argi'iit ; as
Beckmanus tells us, " Inter rationes prsetensionis regum Danire in civitatem Ham-
" bergensem, una fuit, quod folium urticas, principmn Holsatias insignia, a tempore
" Christiani tertii passim urbis insignibus, in Curiae portis, sigillo publico, ac moneta,
" scripserunt;" which being the arms of the princes of Holstein, and the kings of
Denmark succeeding to them, have had a pretension to that city by law; for arms
being fixed upon moveables or immoveables, presume a right of property or
superiority to these things : But how far that pretension will reach, I leave, to law-
yers.

The Swedes and Polanders engaged in a war upon the account of carrying the
arms of Sweden, which Sigismund III. of Sweden used after he was deposed; and,
when elected King of Poland, marshalled with the arms of Poland, to show, as it were,
his right and civil possession of Sweden, and natural one of Poland : which was so
hotly resented by the Swedes, that he was forced to come to an accommodation at
the treaty of Oliva, in the year 1662, where he renounced his right to Sweden, its
titles and arms, and that he should not use them in any affairs and letters to that
kingdom ; but, as being once their king, he had liberty to use the title and arms
of Sweden in his writs to other foreign states, princes, and private persons ; and
that, in all time coming after his death, the kings of Poland should forbear the
titles and arms of Sweden.

As the use of aniu of pretension has been troublesome ; so the omission of using
such has been no less prejudical to some. It was objected to Richard Duke of
York, when he claimed the crown of England, as heir to Lionel Duke of Clarence,
that he did not carry Clarence his arms, as heir to the crown. He answered, That
he might have done it, but he forbore them, as he did also the claim to the crov\-n;
which he also missed at the time : But he and his posterity were more careful to
use them afterwards.

The Dukes of Anjou, who were Titular Kings of Jerusalem, Sicily, Arragon,
and Naples, quartered the arms of those dominions with their proper ones, upon
the account of pretension ; and the Princes of Orange have been in use to do the
same with the arms of Geneva.

Many of our noble families in Scotland have been in practice anciently and now
to quarter the ensigns of dignified feus with their own, upon account of right of
pretension. Malise Graham, though he was deprived by King James I. of the
earldom of Strathern, and, in place of it, got the earldom of Manteith ; yet he
and his successors. Earls of Monteith, carried the armorial figures of the earldom
of Strathern, viz. or, a fesse cheque, azure and argent, and, in chief, a clieveron
gules, which were quartered with their paternal arms argent, on a chief gules,
three escalops or, as always pretending right to that earldom.

The Lords Erskine of the same name, upon their right of pretension to the
earldom of Marr, quartered these of that earldom with their paternal arms, long
before they attained to the possession and dignity of that earldom.

The Lords of Seaton have been in a constant use to quarter the feudal arms of
the earldom of Buchan, viz. a-zure, three garbs or, upon the account of pretension
to that earldom, since the reign of King James II. being lineal heirs by descent to
John Stewart Earl of Buchan, High Constable of France, second son of Robert
Duke of Albany, Governor of Scotland. George Lord Seaton married Lady Jean
Stewart, only daughter and heir of the said John Earl of Buchan, from whom were

Vol. JI. Y

86 OF MARSHALLING ARMS, He.

descended, in a right line, all the Lords of Seaton and Earls of Winton, who have
been in use to quarter the arms of Buchan to show their right ; but more of this
family in the first volume, page 231.

Having treated of the various occasions and causes of marshalling many coats of
arms in one shield, I proceed to these of dominions.

ARMS OF DOMINION.

As to arms of dominion, I have already given a full account in my Essay on the
Ancient and Modern Use of Armories, chap. XIV. But that book being now al-
most out of print, for the benefit of such of my readers as have not seen it, I think
myself obliged to give a repetition of several things there advanced, and necessa-
rily to be known in this System of Heraldry ; and particularly the variations of
the armorial ensigns of Scotland and England, to which I shall add these ensigns
after the union of the two kingdoms, as they were borne by our late sovereign
Qiieen Anne ; and lastly, as they are now borne by his present Majesty.

Arms of dominion are these which belong to sovereign princes and common-
wealths by right of sovereignty; and these may be said, in a strict sense, not to be
properly arms, as I have before defined them, but rather ensigns and badges of
public authority, and of a longer antiquity ; for of old, the Persian, Grecian, and
Roman monarchies had fixed ensigns of their sovereignties, as other monarchs
have since used.

In carrying such ensigns, there are three specialties to be observed, rising from
the different way of obtaining sovereignty, by succession of blood, election, and con-
quest ; of which in order.

And first. The person who ascends the throne by legal succession, must be either
a sovereign, or a subject descended of a private family ; if the first, he marshals
his own sovereign ensigns with the arms of the dominion he succeeds to : and it is
the opinion of some, in marshalling of them, to give the first quarter to the arms
of the ancientest sovereignty, as the kings of England carry in the first quarter
the arms of France before those of England.

But the first practice I meet with in marshalling arms of dominion, is in the
achievement of the kings of Spain, where the latest kingdom is preferred to the
ancientest.

About the year loi 7, Ferdinand, eldest son of Sanctius, to-named the Great,
King of Navarre, and Elivira, daughter to the sixth and last Earl of Castile, who
carried, in a red field, a castle of gold, because in a battle against Miramolin,
King of the Moors, he recovered that country ; as Hoppingius tells us, " Castilia
" sive Castelte insignia castrum aureum, rubro in campo, eo quod magno illo pra-
" lio contra Miramolinum Maurorum regem victor extitisset perhibitur."

This Ferdinand was the first that was honoured v.'ith the title of King of Cas-
tile, and married Sanctia the daughter of Alphonsus, King of Leon, and sister to
Beremund, who died without issue. Ferdinand, by this marriage, became king of
Castile and Leon, and marshalled the arms of both these kingdoms in one shield,
viz. first and fourth, Castile; second and third, Leon, argent, a lion rampant .f?^/«;
thus blazoned as by the above author, " Reges Castellae et Legionis quadriparti-
" turn in insignibus offerunt scutum, in parte superiori dextra et in inferiori sinis-
" tra castellum aureum in campo rubeo; in parte superiori sinistra et inferiori dex-
" tra leonem fulvum in campo albo exhibens."

The kingdom of Leon was a more ancient kingdom than Castile for many ages;
for, when Pelagius took that country and town from the Moors about the 722,
it was called a kingdom, and he took for his arms a lion, because it is said to be
the king of beasts ; as our author, " Pelagius Legionis Rex primus circa annum
" 722, eripiens Lcgionem civitatem a Mauris leonem pro insigniis assumpsit, quia leo
" est et interpretatur rex omnium bestiarum."

Many are of opinion, that the arms of Leon, being those of the ancientest king-
dom, should be placed in the first and fourth quarters ; and so to have the prece-
dency of the arms of Castile. Ludovicus Mohna, a famous lawyer, defends the
method of marshaUing as above blazoned : imo. That the greatest kingdom should-

OF MARSHALLING ARMS, 5i.% 87-

be preferred- to the ancientest : 2do, Ferdinand was king of Castile by right of his
father, and got Leon by right of his wife nomine dotis ; and that in his title he was
named first King of Castile,, and then by his wife, Leon,, preferring the title of the
man to the woman, and the mother's title ought to follow the father's •. His words
are, " Turn quod virilis stirpis iniperium preferri debuit foemineo, maternaque in-
" signia paternis insignibus cedere debuerunt."

Kmg James VI. of Scotland succeeded by his maternal descent to the king-
dom of England, and these two kingdoms being united in his person, marshalled
their arms quarterly, giving the precedency to the arms of Scotland as the ancient-
est sovereignty, and as his paternal bearing on his ensigns and coins.

If he who ascends the throne by succession be of the quality of a subject, de-
scended'of a private family, he then lays aside his own paternal arms, and uses on-
ly these of the dominion he succeeds to.

As Robert the Bruce, when he, as first heir-male of David Earl of Huntingdon,
brother to King William, succeeded to the crown of Scotland, disused his own pa-
ternal bearing, or, a saltier and chief gules, and carried only the sovereign ensigns
of the kingdom or, a lion rampant gules, armed and langued azure, within a dou-
ble tressure, flowered and counter-tlowered of the second ; which were so carried
by his son King David II. Whose grandson, Robert Stewart, by his daughter,
Marjory Bruce, when he succeeded as heir to the crown, laid aside also his pater-
nal arms, the fesse cheque, and carried only those of the kingdom, being the second
Robert of that name, King of Scotland, and first of the surname of Stewart; and
from him are lineally descended the Kings of Britain.

The second way in attaining to sovereignty, which I have mentioned, is by elec-
tion : these who ascend the throne that way, retain their own proper arms, and
conmonly place them in an inescutcheon by way of surtout, over those of the
dominions to which they are elected ; as the elective Emperors cf Germany, and
as the Kings of Poland have been in use to do, to show out of what family they
were chosen ; and William Prince of Orange placed his arms over these of Eng-
land and Scotland, as an elective king, by way of surtout.

The third way of ascending tlie throne is by conquest. It has been tlie ordinary
custom for conquerors to beat down and bury in oblivion the ensigns of the con-
quered dominions, and, in place of them, to set up their own ensigns to sliow their
right and power. The Count of Barjolou, when he conquered the kingdom of
Arragon, pulled down his arms, argent, a cross gules, cantoned with four Moors' heads,
proper, and erected his own or, four pallets gules. And one of his successors,
James King of Arragon, in the year 1229, when he conquered the islands of
Majorca and Minorca, erected his standard with the pallets ; and having given
those islands with the title of King to his younger son, he placed over the pallet a
bendlet, the brisure of a younger son : and when another James King of Arragon
conquered Sardinia, he gave for arms to that dominion the old conquered ensigns
of Arragon, with these words for device, Trophaea Regni Arragonum, to show that,,
when conqueror, he might give what ensigns he pleased.

The family of Swabia, being in possession of the kingdom of Sicily, erected,
their arms, viz. argent an eagle displayed sable, which continued the ensign of Si-
cily, rill Charles of Anjou, a brother of France, conquered that kingdom with
that of Naples, and beat down the foresaid arms of Swabia, and set up his own-
azure, seme of flower-de-luces or, with a label of five points gules, for the sove-
reign ensign of those kingdoms ; which arms continue there yet: But the Arra-
gons having cut off the French in Sicily, pulled down the arms of Anjou, and
again erected their own, as before blazoned, which afterwards they quartered per
saltier with these of Arragon ; of which afterwards : And for which practice of
conquerors, see Favine's Theatre of Honour, and "Jeu d' Armories des .So-jei-aigns.

But to return from foreign territories and come nearer home, there is as large a
field in Soutli Britain for instances of depredations, extirpations, and revolutions,
which have attended and subjected the inhabitants to the different armorial bear-
ings of their conquerors and pretenders, as any ; who, as witness the historians of
that countrv', John Speed, Sir Winston CliurchUl in his Divi Britannici, and many
others, in whose histories, and particularly in those two mentioned, are to be found
many different armorial ensigns in taille douce plate, according to the various sub-

SS Oh MARSHALLING ARMS, i^c:

jections the English have been under. I shall only mention three, and insist
upon the fovuth, in a detail of the succession of the Kings of England, and their
arms from William the Conqueror, in their variations and augmentations, to the
time of King James L of Great Britain, according to their best writers, and fo-
reigners.

1 shall pass the fabulous story of Brutus, who is said by some to have possessed
this island, from him called Britain; and that he divided it among his three sons a
thousand years before the Incarnation of Christ: As also their ensigns, which are
as uncertain as the story, and were beat down by the Romans when they conquer-
ed the south part of Britain, since called England, having set up their own im-
perial eagle in their place: But times of lesser antiquity will give us some more
certainty of imperial ensigns.

First, then, when the South Britons were overcome by the Saxons, as some
reckon, about the year 475 of the Incarnation of our Saviour, who possessed the
country now called England, the Saxons set up their ensigns, which were, by the
most learned writers, said to be azure, a cross forme or; by some a cross fleury,
which is the same; as Speed, Churchill, Gerard Leigh, Guillim, York, Morgan,
and other English heralds.

Secondly, the Danes began to molest the English Saxons about the year of God
787, and to take possession of England. At last Sueno the Dane conquered
England, so that four Danish kings successively did reign: They beat down the
Saxon ensign, and set up their own, being or, seme of hearts, three leopards ^«/«;
as Spencer's Opus Heraldicum, and Chamberland in his Present State of England,
and the learned German and famous antiquary. Jacobus Imhoff, in his Treatise
entitled Blazonia Regum Pariumque Magnce Britannia, says, " Ex Danis autem
" ortos reges, iisdem insignibusillo jam ssculo, usos esse, quibus Dania° reges hodie
" uti solent, viz. leopardis tribus in area aurea, rubris cordibus sparsis, dictus
" (Spencerus) Notitiae Anglise auctor, cum aliis affirmari solent."

Thirdly, the Danish kings being dethroned, the English Saxon kings were again
restored with their imperial ensign as before, azure, a cross fornne or, with the ad-
dition of four martlets or; as the above-cited Chamberland: And were carried by
King Edward the Confessor, with a martlet in base, which made five.

After his death, Harold, the 'son of the Earl of Kent, usurped the crown :
His arms were, as by the English books, argent, a bar betwixt three leopards'
heads sable.

William of Normandy invades England, defeats and kills Harold, and takes
possession of the kingdom. Edgar Atheling, the lineal heir-male and representer
of the Saxon English kings, was put aside from his just right: For, being the son
of Edward, the son of King Edmund Ironside, elder brother to King Edward the
Confessor, he was the undoubted heir of the crown of England, where, not being
in safety to stay, he came to Scotland with his two sisters. Christian and Mar-
garet. The last was married to Malcolm Canmore; her arms being the same
with Edward the Confessor's, are to be seen in the monastery of Dunfermline,
of which she was a founder. Her brother and sister dying without issue, she
was the only heiress of the Saxon race, and from her are descended the Kings of
Britain.

Let these then be a suiBcient number of instances of the great revolutions and
conquests of England, (besides lesser ones) and of their ensigns.

The fourth period in which the English were obliged to receive the arms of a
conqueror, was about the year of God 1066, when William, the seventh Duke of
Normandy, being a victorious conqueror over England, his arms were set up, being
gules, two leopards or, derived to him from his progenitors ; and, upon the conquest,
were received as the banner and ensign of England, according to all historians and
heralds, domestic and foreign.

William II. succeeded his father in the kingdom of England, and had the same
ensign and standard ; and he again was succeeded by his younger brother Henry I.
in the kingdom of England, and dukedom of Normandy, who carried the same
ensign. He married Maude, eldest daughter of Malcolm Canmore King of Scotland,
and his queen, Margaret, sister and heir of Edgar Atheling, the representative of
the English Saxon monarchs.. By this marriage the Saxon English blood was united

OF MARSHALLING ARMS, \^c. 89

with the Nornian; and, in testimony of it. King Henry, on his seal, I mean his
Sijil/um Imaji/iis, is represented in a throne, holding in his right hand a mond,
or globe, with a bird upon it, being the martlet before mentioned in the arms of
of tlie Saxon kings. And Sandford takes notice of it accordingly, saying, " It
" was a token or emblem of the restoration in some sort of Edward the Confessoi's
" kin and laws."

This king survived his male issue, having only one daughter, Maude, named after
her motlier, and was married first to Henry Emperor of Germany, for which she is
called Maude the Empress, though she had no issue to him. And, secondly, she
took for husband Geoffrey Plantagenet Earl of Anjou, and bore to him a son, Henry.
The king, being sohcitous to secure the succession of the crown to his daughter
and grandson, made all the estates of England swear fealty to them, as those who
were to reign after him.

Nevertheless Stephen Earl of Boulogne, son of the Earl of Blois, by Adela,
William the Conqueror's daughter, got the crown ; and it is not likely that the
English would have received him contrary to their oaths, unless the law had been
for him ; for Henry the son of Maude, having the title by a woman, and Stephen
the same, affirmed himself to be the tirst in succession, (William the Conqueror's
male issue being extinct) because he was again the tirst male, though descended
from a woman, the conqueror's daughter; and though Maude had been alive, he
ought to have been preferred to her, much more to her son Henry ; and, as being
the first male, he ought to be preferred, being conform to the constitutions of se-
veral nations besides that of England. By which we may discover the unjust sen-
tence of Edward I. in preferring Baliol to the Bruce, \?.io had the same, if not a
better right than Stephen, who was looked upon by the English as the lawful heir
and King of England. He carried the above royal ensign, with the two leopards,
and, for a device, the sagittary, because he ascended the throne at that time when
the sun entred that celestial sign ; and had for his queen, Matilda, daughter of
Eustace Earl of Boulogne, by his countess, Mary, second daughter of Malcolm Can-
more, and his queen, Margaret, with the same design to unite the Saxon and Nor-
man blood together in his issue, which failed before himself; so that room was
made for Henry, son of Maude the empress.

Henry II. grandchild <of Henry I. son of Geoffrey Plantagenet Earl of Anjou, in
the reign of King Stephen, whose titles were Hgnricus, Dux Normannorum rt Aqui-
tanorum; and when he succeeded to Stephen King of England, anno 1135, Hen-
ricus Dei Gratia Rex Anglorum, Dux Normannorum et Aquitanorum, et Comes Andi-
gavorum. His banner was as his predecessors, with the arms of Normandy, for the
ensign of England, as almost all the English writers do affirm, except two that 1
have met with ; of whom afterwards.

He married Eleanor of Aquitaine and Guienne, the eldest daughter and heir of
WiUiam the fifth of that name, ninth Duke of Aquitaine, by Eleanor of Chatel-
herault, his wife; and, upon account of that marriage, he added his queen's arms
to his own, by way of composition, as the English tell us.

Sir John Feme, one of the learnedest heralds in his time, in the reign of Queen
Elizabeth, in his book entitled the Glory of Generosity, page 218. says, " The
" escutcheon of Normandy was advanced as the ensign of our English kings, by
" William the Conqueror, William Rufus, Henry I. and Henry II. the last having
" married Eleanor the heiress of Aquitaine, whose arms were gules, a leopard or,
" which being of the same field, metal, and form, with his own." The same
author adds, " These two coats, viz. Aquitaine and Normandy, were joined in
" one, and by them the addition of the inheritance of Eleanor, heiress of Aqui-
" taine, to our English crown ; and therefore are borne as a quadrate royal by our
" sovereign lady Qiieen Elizabeth." The same says Guillim, Chamberlayne, and
others. And those arms, so composed, were placed on his funeral monument,
where he lies interred in the abbacy of Foateward in Anjou, adorned with other
shields of arms ; as those of the Saxon race ; upon the account that in him the
Saxon blood was restored by his grandfather's marriage, as before. The structure
of which monument is given to us in Sandford's Genealogical History, page 64.
This king had five sons : Wilham and Henry, who died betorc himself; Richard,
who succeeded him; the fourth son, Geoffrey, Duke of Bretagne, and Earl of Rich-

Voi.. U. Z

go OF MARSHALLING ARMS, cir.

mond, whose son was cut off by his uncle; John, the fifth son, who became King
of England.

Richard, third son of Henry IL was Earl of Poictiers during his father's reign,
and, after his death, was King of England, by the name of Richard L He was in
the wars in the Holy' Land; an excellent prince. In his return home he was
taken prisoner by Leopold Duke of Austria, who unworthily sold him to the em-
peror for 6000 merks; and he again as unworthily took 100,000 pounds. This
king, as his father, carried for his royal ensign, gules, three leopards or, and the
same on his seal of arms, which Sandford gives. On the one side he is enthronized
with a crown on his head, heightened with flowers, holding in his right hand a
sword erected, and in his left a mond topped with a cross patee, with this circumscrip-
tion round his effigies, Ricardus Dei Gratia Rex Anglorum: On the other side he is
represented in his coat of mail on horseback, and his helmet adorned whh planta
genistce, i. e. a stalk of broom, relative to his surname, being the second king of the
Plantagenet; on his left arm was a shield charged with three leopards, with this
circumscription round, Ricardus Dux Normannormn et Aquitanorum, et Comes Andi-
gavorum. He is said to be the first king of England that took the motto Dieu et
mon droit, upon a great victory he obtained over the French at the battle of
Guysors, by his saying, TSSot we, but God and our right has got the victory. These
I think are sufficient documents of the origin of the arms of England.

John, fifth son of Henry II. and his queen, Eleanor, in his brother King Richard's
life, on his seal of arms, is represented on horseback, with a sword in his right
hand, and on his left arm a shield, upon which were two lions passant gardant,
evidently apparent, says Sandford, which he has seen appended to grants, where-
in he is stiled Comes Moritanite: Which two lions passant gardant were certainly
those of Normandy ; but could not then add th? third of Aquitaine, as not
representing his mother, till after the death of his brother King Richard, who
died without issue; then he carried on his seal of arms, when King of England, as
Duke of Normandy and Aquitaine, an escutcheon charged with three lions passant
gardant.

Henry III. upon the death of his father King John, was crowned King of England
the 28th of October 1216. His seal of arms was as his predecessors, himself en-
thronized upon one side, and on the other side represented on horseback ; on his
left arm a shield charged with three lions passant gardant: But in this he was
singular, in having a crown placed upon his helmet on his head, being the first of
the race of the kings of England that were so represented with a crown on horse-
back. The legend round his seal was Henricus Dei Gratia Rex Atiglia, Dominus
HiberniiB et Aquitanice.

Edward, the eldest son of King Henry III. during his father's reign, carried the
arms of England, with a label of three points, and on shields where the field was
large, a label of five points, for his difference ; as by his seal of arms appended to
writs, in which he is stiled Edwardus Illustris Regis Anglia primogenitus. He was
the first son of the royal family of England that carried such a difference as a
label of three points, and of five points. The different number of points lets us
see the mistake of some heralds, who write, that a label of three points is the pro-
per difference for an eldest son and heir, when the father is alive ; one point re-
presenting the father, the other the mother to be alive, and the third himself; and
when the grandfather and grandmother are alive, the label then should have five
points. But here Prince Edward had neither grandfather nor grandmother alive,
and yet he carried a label of five points on his seal of arms; which that learned
gentleman Sandford gives, as appended to evidents of the date 1267, where, on the
one side, he is represented in his coat of mail and surcoat of arms, with a sword in
his right hand, and a shield on his left, charged with the three Lions of England,
and differenced by a label of three points; and upon the reverse, or other side of
the seal, a large triangular shield, charged with the same three Lions of England,
and with a label of five points. And this same practice, of having sometimt^ a
label of three points, and sometimes of five, continued with his son and grandson,
Edward II. and 111. when their fathers were alive, and not their grandfathers and
grandmothers.

2

OF MARSHALLING ARMS, 'ijc. 91

Edward was in the wars of Palestine wlien his father Henry died i;7;, and re-
turned 1274, and was crowned king at Westminster the I9tli of August, with his
queen, Eleanor, sister to the then King of Spain. He, being king, carried arms
as his father, with a new practice of having tiie arms of England embroidered on
the caparisons of his horse, and was the first tiiat brought in that practice into
England. He married, for his second wife, Margaret, sister to Philip IV. surnamed
the Fair, King of France. The arms of both his queens 1 have given in the 5tli
chapter of my Essay. His eldest son, Edward, by his first queen, was surnamed
Caeknarvon, from the place of his birth in Wales. He, in his father's lifetime,
used, for ditlerence, upon his escutcheon of arms, on the equestrian side of his seal,
a label of three points; and, upon the reverse, where there was a large escutcheon,
a label of five points, and w as stiled Edwurdus Illiistris Regis Angliie Filius, Prin-
ceps IValliie, Comes Cesti'ue, Poiitivi et Montis Trolli.

Edward, surnamed Caernarvon, succeeded his father in the kingdom, by the
name of Edward IL He carried the royal arms on his seal as bis father and grand-
father, and had them embroidered on his surcoatand caparisons of his horse; and at
the sides of his throne were two little castles, to show his maternal descent from
C ;stile. He married Isabel, daughter to Philip IV. surnamed Le Bel, King of
France; she, upon one of her seals, had her arms j-cwtf of flower-de-luces, dimidiate
with those of her husband King Edward II.; and on another of her seals she had
her efiigies placed betwixt two escutcheons, that on her right hand containing the
arms of England, and the other, on the left, the arms of France, impaled with those
of Navarre, upon the account her mother was the daughter and heir of Henry I.
King of Navarre.

She bore to her hushand Edward UI. King of England, John of Eltham, so
named from the King's manor-place in Kent where he was born, and was Earl of
Cornwall, who carried the arms of England within a bordure of France ; that is,
/ziiivr:', j-fw/ of flower-de-luces. Jean their eldest daughter was married to David
Prince of Scotland, son and heir to King Robert the Bruce, on the i8th of July,
the third year of the reign of Edward 111. being the year of God 1329. She
died without issue, in rlie thirty-second of Edward III. his reign, anno 1357,
and was buried in the church of Gray-Friars in London ; and her effigies was put
in a niche on the north side of the tomb of Qiieen Philippa, her sister-in-law, in
Westminster Abbey, under which was an escutcheon of alabaster, and upon it was
carved and painted the arms of Scotland ; the lion within a double tressure, im-
paled with those of England on the left.

Edward III. had variety of seals of arms, to show his paternal and maternal
descent ; and at last his right and pretensions to France, which became a fixed
ensign to his successors kings of England. He was crowned on the ist of Febru-
ary 1327; on his first seal of arms he is placed in a throne between two flower-
de-luces, to show his maternal descent from France, as his father did before, placing
two castles to show his descent from Castile. His second royal seal which he used,
had the arms of England quartered in the first place, with those of France
in the second, seme of flower-de-luces oi-, as a coat of alliance ; of wliich be-
fore.

In the fourteenth year of his reign, not being content to hold forth his alliance
to France, but to shovv his right to that crown, he placed the arms of Fiance, as
arms of dominion, before those of England; as in the Royal Plate in this Volume,
and in my Essay, Plate V. fig. 8. being agreeable to the practice of some nations,
and so formed his new seal of arms. The other great seal of England, with England
and France quarterly, was ordered, says Sandford, to be kept in the wardrobe ; and
that the new great seal might be made more public, he caused impressions thereof,
and of his privy seal, to be made, and sent to all the sheriffs of England. He also
wrote a letter, dated thus : " The 8th of February, in the ist year of his reign
" over France, and 14th over England, to the prelates, peers, and commons of
" France, thereby signifying, — That Charles, late King of France, his mother's
" brother, being dead, that kingdom was fallen to him by law ; and that Philip de
" Valois, son to the uncle of the said king, had, by force, in his minority, intruded
" into that kingdom, and detained it ; lest therefore he should seem to neglect his

9-

OF MARSHALLING ARMS, Isfc.

" own right, he thought good to own the title of France, and to take on him the
" defence and government thereof. "

I shall here describe his seal of arms : Upon the one side he is represented sit-
ting in a throne, with an open crown on his head, (for closs crowns were not used
then by kings) heightened with figures like trefoil leaves, holding in his right hand a
sceptre, and in his left a mond crossed and ensigned with a cross forme ; and at
the sides of the throne were shields, with the arms of France and England quarter-
ly. Upon the reverse, or other side of the seal, he is again represented on horse-
back in his coat of mail and surcoat, with a helmet on his head, and upon it a
chapeau, or cap of state, turned up ermine, whereupon stood a Y\on passant gardant,
and crowned with an open crown, which became afterwards the crest of the im-
perial achievement of England ; and he was the first king of England who used a
crest on his seal of arms : by his right hand he held a sword, and by his left a
shield with the arms of France, azure, seme of flower-de-luces, and England as
before, quarterly : which arms were embroidered upon his surcoat and caparisons
of his horse ; and round both the sides of the seal were these titles, Ed%vardiis Dei
Gratia Rex Franciae et AngUae, Dominus Hiberniae : which seal Mr Speed and
Sandford give us cut in their Flistories.

Upon this King's pretension and variation of his arms, in assuming those of
France, there were some verses made at the time for England, and others in behalf
of the French, which Hoppingius gives us in his de Jure Insignium, which I pre-
sume to insert here. For the English thus :

Rex sum regnorum bina ratione duorum,
Anglorum regno sum lex ego jure pateino,
Matris jure quidem Gallorum nuncupor idem j
Hinc est :

Answered by France thus :

Prfedo regnorum, qui diceris esse duorum,

Francorum (i. e. matemo) regno privaberis atque paterno,

Mater (al. matris) ubi nullum jus proles (al. natus) non habet uUu

Jure marlti carens, alia est mulier prior ilia ;

Hinc est armorum variatio stulta tuorum.

By alia est mulier prior ilia they understood there was another daughter of
France, to wit, Jean of Navarre, nearer the crown than Isabel the mother of Ed-
ward III. The descent of that royal family, for that time, I shall here mention
from many historians, especially John de Serre in his Inventory of the General
History of France, printed at Paris 1620, and Gabriel Richardson his Estate of
Europe, printed at Oxford 1627.

Philip III. of that name. King of France, had two sons, Philip and Charles
Count de Valois.

Phihp IV. of that name, surnamed Le Bel, succeeded his father, and married
Jean Queen of Navarre, from whence he took the title of King before the de-
cease ot his father. He had issue three sons and a daughter, viz. Lewis X. sur-
named Hutten, Philip V. called Le Lang, Charles IV. called the Fair, and a
daughter, Isabel, married to Edward II. father and mother of Edward III.

The eldest son Lewis X. had only a daughter, Jean ; Philip and Charles, who
were successively kings, had no issue-male.

After her father Lewis's death, Jean was married to Count d' Evereux, and to
him she brought the title of King of Navarre, from whom are descended all the
succeeding Kings of Navarre; which came at last to be again united in the person
of Henry III. oif Navarre, and IV. of France, in whose posterity these crowns
remain still united.

Charles de Valois, second son of Philip III. had a son, Philip, who, as heir-male,
by the Salic law, succeeding to the crown, excluded Isabel, mother of Edward III.
and also her niece, Jean Qiieen of Navarre.

King Edward III. married Philippa, second daughter of William Earl of Hain-
ault, in the year 1327. She had to King Edward a numerous issue, of which

OF MARSHALLING ARMS, Uc. 93

£ cannot insist here. The English were at that time nicely known in armories,
especially in diflerencing the numerous issue of the royal tumily, and the practice
in marihulling many coats in one shield was first begun by that King ; and, in
imitation of him, not only his numerous issue, but also his subjects, did improve
the practice of compjsuig and marshalhng arms.

Edward of Woodstock, so named from the place of his birth, eldest son of King
Edward 111. was by his father created Duke of Cornwall, and afierwards was
made Prmce of W.iles, and carried arms as his father, France and England, quar-
terly, with a label of three points, and round liis seal were these words, Si^. Eil-
•watdi primogeiiiti, Pnncipis Ajuitaiiia: et iValiiie, Diuis Coniiibite, et Cfjtiinis Cf stria;.
This prmce took to wife Jane Countess of ICenf, who carried the arms of England
within a bordure argent ; she bore to Prince Edward a son Richakd, during iiis
ftither and grandfather's hfe : he carried the arms of France and England, quarter-
ly, with his tather's label of three points argent ; but, for his proper ditVerence, he
charged, the middle point of the label with the cross of St George ; as in the Cata-
logue of the Knights of the Garter, of which that young prince was one : And
after his father's death he carried, as his father did, the label plain ; and when his
grandfather died, he was crowned king the eleventh year of his age, and had his
royal seal just as his grandfather before described. This King Richard 11. as 1
have shown before, impaled Edward the Confessor's arms with those of France and
England ; and he was the first king of England that used supporters, being two
angels, and beneath the shield was placed, for device, a white hart cmcbant under
a tree, collared with a chain thereto ailixed : And this was the device used by his
motner Princess Jane; which afterwards became the badge of the loyalists, who
stood for his right, for which many of them lost their hves. King Richard being
dethroned.

But to proceed into the detail of the kings of England, as I proposed, with their
arms and devices.

Kenry, surnamed Bolingbroke in, Lincolnshire, where he was born about the
year 1366, was the only son of John of Gaunt, Duke of Lancaster, (fourth son of
King Edward 111.) by Blanche his wife, daughter and heir of Henry the first Duke
of Lancaster, son of Henry Earl of Lancaster, son of Edmund, surnamed Crouch-
hack, the first Earl of Lancaster, second son of King Henry III.

This Henry of Bolingbroke, being Duke of Lancaster in right of his grand-
father, he carried only his arms, (and not his father's, which were France and
England quarterly), gules, three lions passant gardant or, with a label of France,
azure, seme of Hower-de-luces, from whom he derived his title to the crown, having
forced Richard 11. to renounce the same, and was crowned King at Westminster
the 13th of October 1399, by the name of Henry IV. And, as he usurped the
crown, so he usurped King Richard's seal, as Sandford observes, for his first seal
only razing out the word Ricardus, and engraving in its place Henricus : He did
not make use of the arms of Edward the Confessor, as Richard did in his new seal,
nor use his supporters. He married Mary de Bohun, daughter and heir of Hum-
phrey Earl of Hereford, Essex, and Northampton ; with, whom he got these earl-
doms, and had many children.

The eldest son Henry of Lancaster, surnamed Monmouth, from the place where
he was born, and Prince of Wales 1388, who, as such, in the sixth year of his
father's reign, carried the arms of France and England, quarterly, with a label
of three points argent, for his filial difference. And it is to be observed, that
the indefinite number of the flower-de-luces, in the arms of France, were re-
duced to the number three by this prince, in imitation of King Charles VI. of
France, who reduced them to that number, and ever since they have continued
three in France and England. After the demise of his father Henry IV. he
was crowned king by the name of Henry V. and caused a magnificent seal to be
made for him, which is to be seen in Sandford's History. It was he that over-ran
France with force, and that necessitated Charles of France to give hint his daugh-
ter Catharine in marriage, and declare him regent and heir to the crown of
France.

Catharine was crowned Queen of England at Westminster, the 14th of Febru-
ary 1420 ; in which ceremony King James I. of Scotland assisted : and shortly

Vol. IL A a.

f,4 OF MARSHALLING ARMS, y<r..

after King Henry V. died in France the last day of August 1422, leaving only
one son, Prince Henry. His body was brought to Rouen, in order to be conveyed
to England, and put in a lead coffin, and placed in a chariot drawn by four horses ;
and above his coihn was his image of leather painted to the life ; upon the head
an imperial diadem ; and on the body a purple robe furred with ermine, in his
right hand a sceptre, and a mond in his left : and, as the chariot passed through
any town of note, there was borne over it a canopy of great value by persons of
quality till he came to Calais. Upon the covering of the four horses that drew
the chariot were embroidered the arms of England alone ; upon the second horse
the arms of France and England quarterly ; upon the cover of the third horse the
arms of France alone ; and on the fourth the arms of King Arthur, viz. azure,
three crowns in pale or. He was interred in the abbey of St Peter's at Westmin-
ster, at the feet of Edward the Confessor, with this epitaph :

Dux Normannorum, verus Conquestor eorum,
Hasres Francorum, decessit, et Hector eorum.

Queen Catharine had her arms, being those of France, impaled with those of
her husband Henry V. (not only in paintings, but on her seals) in one escutcheon,
which was ensigned with an open crown, and supported by two antelopes, collared
with open crowns, and chains thereto affixed or, with the circumscription, Si^il.
Catharinae, Filia CaroU Regis Franciae, Retina Angliae et Domina Hiberniae.
After the death of King Henry she married Owen Ap-Meredith Ap-Tudor, a Welsh-
man, descended of the old kings of Britain ; and of their issue came Henry VIL ;
of whom in his proper place.

Henry VI. upon his father's death, being but nine months old, was proclaimed
King of England ; and, about a month after, was proclaimed King of France at
Paris, upon the demise of his grandfather King Charles VI. of France, anno 142 1.
His grand-uncles were his guardians ; and when he came to the age of eight years
he was solemnly crowned King of England at Westminster, tlie 6th of Novemr
ber 1429.

The first royal seal this King used was, in its structure, like- unto that' of hi*
grandfather Henry IV. ; but afterwards he caused make another more apposite to-
France, whereon he is represented enthronized with an open crown upon his head,
a sceptre topped with a tlower-de-luce in his right hand ; and in his left the ivory
rod with the hand of justice, one of the peculiar royal ensigns of France ; and at
each side of the throne an escutcheon ; that on the right with three ilower-de-
luces for France, and the other on the left side had the arms of France and Eng-
land quarterly ; and both escutcheons were ensigned with open crowns : Which
practice of his, in trimming escutcheons with crowns on the seals of England, is
observed to be the first to be met with. Upon the reverse, or the other side of the
seal, was an angel in a dalmatic habit, holding in its right hand a sceptre, and in
the left the ivory rod with the hand of justice; and before the angel are two es-
cutcheons placed accolle, and charged as the above other two, but not ensigned
with crowns: and this side of the seal was after the fashion. of the reverse of the
royal seal of France, which has no equestrian side ; that is, the figure of a man on
horseback ; as with the English, with us, and other countries. This- seal, on both
sides, was circumsribed, Henricus Dei Gratia Francormn et Angliae Rex, which this
King had upon his coins, called the rose noble, because the escutcheon of his
;irms lies upon a rose on the one side, and on the other his effigies crowned with
an arch-diadem, ; so that he is observed to be the first king of England that wore-
a close crown, which his successors continued : and when his arms were placed on
public buildings they were supported by two antelopes. He married Margaret,
daughter of Rene Dukeof Anjou, titular King of Jerusalem, Sicily, Arragon, See.
This King Henry VI. and his son Edward Prince of Wales were cut off by the
Yorkists when they set up for the crown.

Edward IV. the head of the House of York, the eldest surviving son of Richard
Duke of York, and his wife Anne Mortimer, sister and afterwards heir to her
brother Edward Earl of March, and daughter to Roger Mortimer Earl of March,
son of Phihppa, only daughter and heir of Lionel Duke of Clarence, third, son to

OF MARSHALLING ARMS, ^c. 95

King Edward IIL in whose right the family of York claimed the cmwn ; and' the
last named Richard Duke of York, was son and representative of Ldmund Lang--
by Duke of York, fifth son of Edward ill, great grandfather of Edward IV. who
deposed King Henry VL by force of arms, and was crowned king the 28th of
June 1461. Upon his seal he is- represented in his royal robes on a tinone, and on
his head an arched crown, and below the throne a white rose, the badge of the
family of York. The opposite family, Lancaster, used a red tor then- badge,
which the fautors and followers of these two contending families did afterwards
bear for distinction in that bloody war betwixt these families. Upon the other side of
his seal he is repre)-ented, as the kings of England used to be, on horseback, his
shield, surcoat, and caparisons of his- horse, charged with the arms of France and
England quarterly ; with this singularity, that the crown upon his head was closed
with arches, (the first seen in England on seals) and upon it for crest the lion
passant giirdant. This king hud many devices, with which he used to adorn his-
arms set up on public places : Sometimes they were supported with the bull of
Clare and the lion of March, and on other places with the white hart, the device
of Richard H. but most commonly with two lions gardant, the supporters of the
Earl of March. But more particularly of these in my intended Treatise of Exte-
rior Ornaments. He married Elizabeth, (widow of Sir John Grey of Groby)
daughter of Sir Richard- Widville knight, afterwards Earl Rivers. King Edward
IV. was the first king of England that married a subject, and made her a queen ;
and, to qualify her for his royal bed and escutcheon, she carried six coats of arms
of her paternal and maternal descents. She. bore to him three sons and seven
daughters.

Edward the eldest, who succeeded by the name of Edward V. carried arms
as his father : Richard, the second son, was created Duke of York ; George, the
third son, created Dake of Bedford, died a child; the other two sons, being under
the guardianship of their uncle Richard Duke of Gloucester, he most cruelly
caused these young princes to be cut off, and himself to be proclaimed King of
England 1483, by the name of Richard III. l"he seal he used was after the same
form with that of his brother Edward IV. and his arms on some public places
were supported with two boars, and in other places with a bull on the right side,
and a boar on the left. The silver boar, with tusks an^ bristles of gold, was one
of the devices of the house of York. This King Richard was defeated and killed at
the battle of Bosworth, 1485, by Henry Earl of Richmond, who- was afterwards
king by the name of

Henry VII. the son of Edmund of Hadhum, (eldest son of Owen- Ap-Meredith
Ap-Tudor and Qiieen Catharine, widow of Henry V.) by Margaret, sole daughter
of John Duke of Somerset, son of John Earl of Somerset, son of John of Gaunt
Duke of Lancaster, and of Katharine- Swynford, his third wife.

Henry VII. married Lady Elizabeth, eldest daughter of Edward IV. upon which
the two houses of York and Lancaster were united, and their badges, the white and
red roses, were joined per pale. His seal of arms was, after the form of his prede-
cessors, as above, carrying France and England quarterly. His other armorial
figures and trophies are to be found in his glorious monument at Westminster,
where his arms are surrounded with the garter, the principal ensign of that or-
der, and ensigned with an arched' crown at the head of the monument. There
i^ a large rose, supported on the right side by a red dragon, and on the left by a
greyhound argent, coWd^xtA. gules ; the first being the figure of Cadwallader, the
last king of the Britons, from whom, by a male line, he is said to derive his pe-
digree : Which figure he had on his standard at the battle of Bosworth, when
he defeat Richard III. and, to commemorate the dragon, he entitled a Pursuivant
at Arms by the name of Kuge Dragon. His monument is also adorned with the
portcuUis, in respect of his descent from his mother of the family of Beaufort.
At the foot of King Henry VII. his monument are the arms of Elizabeth his
Qiieen, impaled with his arms on the right, being France and England, quarterly,
with his on the left quarterly; first France and England quarterly ; second the arms
of Ulster ; third Ulster and Mortimer, quarterly ; and fourth as the first, ensigned.
with a.closs crown, and supported by two angels.

g6 OF MARSHALLING ARMS, ^c.

Henry VIL the first king of the surname of Tucor, died at his palace of Rieli-
mond the aist of April 1509, and his body was interred in the royal chapel at
Westminster. He had with his queen, jElizabeth, three sons and four daughters.
Arthur Tudor, the eldest. Prince of Wales, and Duke of Cornwall, at the age of
fifteen married Catharine, daughter of Ferdinand King of Spain ; he lived with
her four months and nineteen days, and died without issue. His arms on his
tomb are those of England, with a label of three points, supported by two ante-
lopes, and ensigned with a coronet heightened with cross patees, and tlower-de-
luces; and below the shield of arms three ostrich feathers with a scroll, the badge
of the Prince of Wales. The second son, Henry, succeeded his father; the third
son, Edmund Tudor Duke of Somerset, died young. The eldest daughter, Mar-
garet Tudor, born 29th of November 1489, at the age of fourteen was marrried
to James IV. King of Scotland; the second daughter, Elizabeth died young j the
third, Mary Tudor, was Queen of France, and afterwards Dutchess of Suftblk; the
fourth daughter died young.

Henry VIIL was crowned 24th June 1509; he had two seals, one when Pope
Leo X. conferred upon him the title of Defender of the Faith, and the other be-
hoved to be made after he was declared in Parliament Head of the Church of
Enghind. On the first he is stiled Henricus VIII. Angliue et Frmiciae Rex, Fidei
Defensor, et Dominus Hiberniae ; on the other seal Henricus Fill. Dei Gratia, An-
gUae Franciae et Hiberniae Rex, Fidei Defensor, et in Terra Ecclesiae Anglicanae
et Hiberniae Supremum Caput. In his escutcheon of arms were those of France and
England, quarterly; France still first, though in his titles England be named, first;,
and though designed King of Ireland, yet the arms of Ireland were not in his es-
cutcheon, which was surrounded with the ensign of the Garter: In imitation ot
which, the other Knights Companions of that Order encompassed their escutcheons
afterwards with the Garter. Upon several public places, where his shield of arms
was erected, it is sometimes supported with a dragon and greyhound ; and in other
places, afterwards, with one of the Lions of England crowned, and with the red
dragon on the left.

He married first his brother's wife, Catharine, who bore to him Queen Mary ;
and after her divorce he married Anne Boleyne, who bore Queen Elizabeth: After
her death, Jane Seymour; she bore King Edward VI. And after her Anne,,
daughter to WiUiam Duke of Cleves. She being divorced, he married Catharine
Howard, niece to the Duke of Norfolk. And, lastly, he was married to Catharine
Parr, who survived him. He died at Westminster, January 8. 1546.

Edward VI. was crowned at Westminster the 25th of February 1547; being
young, was under the tutory of his uncle, Edward Duke of Somerset, who go-
verned the kingdom. The seal of this king's arms was little difterent from that of
his father, having the same titles. He died at Greenwich the sixteenth year of his
age, when he had reigned six years, five months and nine days. In his reign there
was an order for the change of the knighthood of St George, to be called the.
Order of the Garter, because St George fighting with the dragon looked too miich,
like a legend.

Mary, eldest daughter of King Henry VIII. by his first wife. Queen Catharine,
was crowned at Westminster the 30th of November 1553; she used the arms as
her father and brother did. Upon the 5th of July 1554 she was married to
Philip Prince of Spain, son of Charles V. Emperor. Upon their royal seal they
are both represented seated in a throne under a canopy. King Philip on the right,
and Queen Mary on the left, with arched crowns on their heads, he holding a
sword in his right, and she a sceptre in her left; between them an altar, and car-
ved on the tablature the letters P. and M. for Phihp and Mary; and upon the altar
is placed a mond, or globe, sustained by the left hand of the king, and by the
right of the queen; and above, as it were at their back, is the royal escutcheon,
containing their arms impaled ; first Philip's arms, parti per fesse, the chief part,
quarterly, of foiur pieces ; first Castile and Leon, quarterly ; second Arragon im-
paled with Sicily; third as the second, and fourth as the first: The base part of
the escutcheon is also quarterly of four areas; first Austria Modern, second Bur-
gundy Modern, third Ancient Burgundy, and fourth Brabant; over all an es-
cutcheon, Flanders impaled with Tyrol, all impaled with France and England,
1

OF MARSHALLING ARMS, ^c.

97

quarterly, being the arms of Qiieen Mary. The arms were surrounded v;ith the
Garter, and ensigned with an imperial arched crown, the escutcheon supported by
an eagle on the sight side, and, on the left, by a lion rampant ^aidant. The
seal is circumsbribed, Philippus et Maria Dei Gratia Rex et Regina Aji^Uae, His-
paniorum, Franciae, utriusqiie Siciliae, J'erusa/ein et Hiberiiiae, Fidei Dcfensores. On
the reverse, or counter-seal, the king and queen are represented on horseback, he
with a cap on his head, and a sword in his right hand, and she in her hood, and
a sceptre in her left hand, and behind their backs the foresaid achievement; and
the legend round that side of the seal, .iriijiduees yJustriae, Duces Burguudiae,
Mediolani et Brnbantiae, Comites Hapsurgi, Flandriae et Tiralis. Queen Mary died
without issue 1558, and lies interred in the chapel of King Henry Vll.

Qiicen Elizabeth, second daughter of King Henry VilL by his second wife,
Anne Boleyne, was crowned the 15th of January 155!). Upon lier royal seal she
is represented on a throne in her robes, with an arched crown on her head, the
sceptre in her right, and the globe in lier left hand ; and at eacii side of the throne
are escutcheons of the arms of France and England, quarterly, siuTounded with
garters, and ensigned with imperial crowns.

The ground of the reverse, or counter-seal, is powdered with roses, flower-de-
luces, and harps, all ensigned with crowns, for England, France, and Ireland ; and
the harp for the last kingdom is the first time tliat it ever appeared upon any seals
of the sovereigns of England. On this reverse the queen is represented on horse-
back in her royal robes, as before, overshadowed by a cloud, the emblem of
heavenly protection: Her horse is riclily trapped, and her foot-cloth gorgeously
embroidered ; and on both sides of the seal are circumscribed these words, Eliza-
beth Dei Gratia Angliae Franciae et Hiberniae Reginn, Fidei Defensor, with a rose
betwixt each word. She died unmarried the 24th of March 1602, the sixty-ninth
year of her age, having reigned forty-four years ; she was interred in Westminster.
Upon her tomb her escutcheon of arms is supported on the right side by a lion of
England crowned, and, on the left, by a red dragon ; and on the frieze of that mo-
nument are carved the arms of her paternal and maternal descent; For which seals
see Sandford's Genealogical History of England.

Since I have given an account of the ancient ensigns of the kingdom of South
Britain, and a short deduction of the sovereigns since William the Conqueror,
with their seals of arms, to King James L of Great Britain, I cannot but here in-
sist a little on the ensigns and arms of those of North Britain; and then show ho\v
those of Scotland and England are joined together, and marshalled with others at "
this time.

The first ensign used by the Scots (as by our own and foreign writers) was a
lion rampant carried by Fergus L King of Scotland, long before the Incarnation of
our Saviour, when he, with his subjects, defeated and broke into the camp of the
Picts, invaders of a part of Scotland, took then for his armorial figure a lion ram-
pant: For vvhidi the learned Sir George Mackenzie brings for his voucher Hop-
pingius de Jure Insigniuin, a judicious Jawyer and antiquary. His words are, " Cum
" Picti in agros Scotorum copias primuin ducerent, quibus, hand minus cupide,
" quam strenue, obviam ivit Fergusius ; sublatis signis, & rumpendo ipsorum
" claustra, assumpsitque leonem rubeum erectum, aurea facie descriptum, cauda
" tergum, ut fere mos est, dum se ad pugnam mcitat, verberans, eoque generose
" iracundiam significans." It is observed by Boetius, in his History of Scotland,
lib. I. cap. 7. and lib. 10. That the crown placed on the lion's head, the crest of
the arms of Scotland, should be corona vallaris, though our painters crown him
with an im.perial one ; and certainly, says Sir George Mackenzie, in his Science
of Heraldry, page 100. corona vallaris agrees better with the breaking of the
Picts' barriers, (than any modern form of crowns) for vs'hicli the crest was first
assumed.

Anciently princes and chief commanders, since ever war began in the world,
had ensigns and banners with some figure or other for distinction sake, according
to their genius and fancy. But these I do not take for hereditary arms for dis-
tinguishing families, as before defined; yet these figures of the ancients might have
been continued, as the armorial figures of their kingdom, and especially that of
Scotland, having never been beat down by any conquerors, whose ensigns we would

Vol. i:. B'b

c^8 OF MARSHALLING ARMS, l^c.

have been erected, and those of the conquered beat down, as I mentioned beforer
'Tis presumed, that 'tis thus happened with King Fergus his lion, now to be the
armorial figure of Scotland.

I shall mention another ancient author for the kings of Scotland anciently car-
rying only a lion rampant ^iiles, before they got the double tressure from Charle-
magne, as a badge of the league betwixt him and Achaius King of Scotland.

Bonaventura Strachan, m his manuscript Germania per Scotos Christiana, tells
us, that the kings of Scotland carried of old a lion rampant gules, in a field ar..
His words are, " Reges Scotorum non alia antiquitus praferebant insignia, quam
" leonem rubrum unguibus in proximos assurgentem (which he gives for the term
" rampant) in aurea planitia ;" for which he cites Arnoldus Uvion, a very ancient
writer, who, in his manuscript titled /;/ additionihus ad lignum vitae, tells us, the
first arms of the kings of Scotland was a red lion in a field of gold \ their second
arms had the lion surrounded with the double tressure : His words are, " Leonem
" rubeum in aurea planitia, primum esse regum Scotorum stemma, leonem vero
" cum liliis circumpositis, stemma secundum :" which manuscripts 1 have seen in
the lawyers' library.

It is without doubt that Charlemagne entered into a league with Achaius King
of Scotland, for his assistance in his wars : for which special service performed by
the Scots, the French King encompassed the Scots lion, which was famous all
Europe over, with a double tressure, flowered and counter-flowered with a flower-
de-luces (the armorial figures of France) of the colour of the lion, to show that it
had formerly defended the French lilies, and that these thereafter shall continue
a defence for the Scots lion, and as a badge of friendship, which has still continued.
This so fully instructed by ancient and modern writers, that I need not trouble
my reader with a long catalogue of them, but only mention what the fore-men-
tioned learned Hoppingius de Jure Insignium, cap. ii. parag. 3. page 732. (speak-
ing of the reasons and occasions of multiplying several arms with armorial figures
in one shield) mentions of leagues and contracts ; and, for an example, gives us
that betwixt Charlemagne and Achaius King of the Scots, whose successors to this
day carry their Hon surrounded with the double tressure. Our author's words are,
" Quartus effectus armorum conjunctionis est foederis quandoque pix-beresymbolum.
" Ita cum inter Carolum Magnum St Scotos- eorumque regem Achaium ictum est
" foedus, in hunc usque diem rehgiose perdurans ; juncta simul duorum regum, ex
" liliis contrapositis &- leone rubeo, formata arma, indicii loco fuerunt."

It will not be amiss to speak a Uttle to the armorial seals of our kings, and their
ancientest laws extant, which points at arms in general, without any particular de-
scription ; as these of Malcolm II. who began- his reign in the year IC04, and
who, with the consent of his barons, ordered certain fees to the chancellor, for ap-
pending the king's seal to charters and other evidents granted by his Majesty. I
shall add here a part of the law above cited, " Ordinaverunt Cancellario Regis
" fcedum magni sigilli, pro qualibet hacta, centum libratorum terrae, & ultra pro
" foedo sigilli, decem libras. Item pro Htera sasinae supra tali hacta Cancellario duas
" solidas." What figures were on the seals then I cannot account for, having never
seen any of them : but our historians tell us, when our King Malcolm Canmore
and William the Conqueror met to clear marches betwixt Scotland and England,
they erected a cross of stone at Stanmuir, with the arms of Scotland on the north
side (the lion within a double tressure) and those of the Conqueror (two leopards
on the south side;) Buchanan says, this stone or cross contained the statues and
arms of these two kings on both sides, visible and legible for many ages.

I shall not insist here upon the laws of David I. in Regiam Majestatem, lib. 3.
cap. 8. page 4th and 5th, chap. 3. page i. anent seals of arms, not only carried by
the sovereign; but, as to these by barons and gentry of the kingdom, that they
may be fixed and known figures of their families to their writs and evidents then
granted, which were only verified by their seals, for subscriptions were not then
in use. It is evident from the 130th act of King James I. perfectly relative to the
above-mentioned statutes of Malcolm and David, (which then shows that arms
were generally used, and in great esteem with us) viz. that every freeholder should
compear at the head court with his seal ; and if he cannot come, he shall send his
attorney with the seal of his arms. And it was a common practice with us, till of

OF MARSHALLING ARMS, bv. 99

late, that gentlemen sent the impression of their seals of arms in lead to the clerk
of court, wh;ch were there kept : Sir George Mackenzie, in his Science of
Heraldry, tells us he has seen many of them, and has given a few of them in his
Chapter of Supporters.

It is very reasonable to think, that all seals then, since the reign of Malcolm lU. or
King David I. carried the fixed arms of the owners, since the writs to which they
were appended made faith in court, without any subscription, till the year of God
1540, at which time King James V- by the ii7,th act of his 7th pari. (lest seals
should be countefeit or lost) ordained all evidents for the future to be subscribed
as well as sealed.

In the reigns of Malcolm IV. and William I. grandsons of King David I. many
writs and evidents were granted by them in their time to their subjects, to which
were appended their seals. I have seen that of King William, who began liis
reign 1165, where he is represented on a throne, in liis right hand a sceptre, and
left a mond, crossed and surmounted with a long cross ; that is, with the paler
part longer than the traverse : on the other side of the shield, called the reverse,
he is there represented on horseback, in his right hand a sword, and on his left arm
a shield of Scotland, and the legend round that seal, Sigillum I'Villielm. Regis Seoto-
rum was appended by that king to a charter of confirmation of the lands of Seatoii
and others to Philip de Seaton, w hich is in the Earl of Winton's charter-chest.

Alex.^nder II. son of King William ; on his seal he is represented as his father,
enthronized on the one side, and on the other upon horseback, holding in his right
hand a sword, and on his left arm a shield, charged with a lion rampant within a
double tressure, flowered and counter-flowered with flov/er-de -luces, and had these
words round the seal, S. Alex. Reg. Scotorum, which I have seen in the hands of
Sir Patrick Kirkpatrick of Closeburn, appended to a charter of that king's to one
of the progenitors of that ancient family.

i have seen severals of the same impressions of Alexander TIL having the lion
within a double tressure, and those of King Robert the Bruce, and his son King
David II. with the same imperial arms, having laid aside their former arms, viz.
or, a saltier and chief gules : And when King David was succeeded by Robert
Stewart, w)io, as nearest of kin to the said king, ascended the throne, laid aside
his paternal coat, being or, a fesse cheque, azure and argent, and only used the
imperial seals of the kingdom, the lion rampant within the double tressure, as all
his successors (to make a short detail) of the princely family of Stewart, without
any alteration, composition, or quartering with other arms, till King James VI. of
that name in Scotland and first in England, only son of Prince Henry Lord DarUr
ly, and Mary Queen of Scotland, only daughter and heir to King James V. son
of King James IV". and his Queen Margaret, eldest daughter of King Henry VII.
of England, and his Queen Elizabeth, heiress and representative of the house of
York.

King James as only representer, and righteous heir of the royal line of England,,
with an universal consent and joy ascended the tlirone of England, was crowned
with his Qiieen at Westminster the 25th of July 1603. Upon his accession to
the throne of England, there were several considerations and consultatiotis taken
by his Majesty and Privy Council of England, about the. honours and precedency
of his kingdoms of Scotland and England, and especially in marshalling their ar-
morial ensigns; the dilFiculty arising, from the armorial figures of England, being
originally these of the dukedoms of Normandy and Aquitaine, being three leopards,
which, as such, gave place to the flower-de-luces of France, as belonging to a
kingdom. Upon the same reasons the Scots claimed also preced':-ncy for their
royal armorial figure, the hon rampant within a double tressure. the paternal arms
of the king, and his progenitors, used by them before the English used the leo-
pards, and that the paternal ought to precede the maternal ones, as I mentioned
before, the King of Castile's arms were preferred to thos j of Leon, the wife's arms^

The Scots being then very jealous, as their predecessors of old, of their ancient
sovereignty, which had cost them so much blood and fatigue, and even of their
very ensigns, and shadows of them : In the greatest straits and difficulties they
and their kingdom were in with Edward I. of England, with whom it was stipu-
lated, that their Queen Margaret of Scotland should marry his eldest son Prince

too OF MARSHALLING ARMS, ^c-.

Edward; and it was particularly provided, that the ancient arms of Scotland should,
be kept entire, with all respect to their honour, on the seals and ensigns of the
nation, and that no other name should be there placed bvit that of the Queen.

As is said before, the arms of Scotland continued entire till the union of the two
kingdoms in the person of King James VI. as in the first Plate, fig. i. After that
union the Scots arms were preferred to the English, as in all his Majesty's seals, en-
signs and coins ; tho' the English preferred England to Scotland, yet their seals,
ensigns, and corns, bear no authority further than the dominion of England ;. and
though the legend round both seals was Ri'x Magna Britanniee, Francia et Hi-
heniiae.

The achievement of his Majesty as King of Scotland, quarterly, fi.rst, or, a lion
rampant gules, armed and langued azure, within a double tressure, flowered and
counter-flowered with flower-de-luces of the second, for Scotland ; second grand
quarter, quarterly, first and fourth, azure, three flower-de-luces or, for France ;
second and third gules, three leopards passant in pale or, for England ; third quar-
ter, azure, an Irish harp or, stringed argent, for Ireland ; and fourth grand quar-
ter as the first: Which escutcheon is surrounded with the ancient Order of the
Thistle or St Andrew, and round it with the most noble Order of the Garter,
being blue, and embroidered with these words, Honi soit qui mal y pense, with
the badges of these two orders hanging down; that of the first named being azure,
representing St Andrew, holding his cross argent; and round the badge. Nemo ins
impune lacesset; and below it the badge of the garter, having St George kiUing the
dragon ; supported on the dexter by an unicorn argent, crowned with an imperial,
and gorged with an open crown, to this a gold chain affixed passing between his
two legs, and i-eflexed over his back or ; and, on the sinister, by a Hon rampant
gardant, and crowned also with an imperial crown as the other ; the first embra-
cing, and bearing up a banner azure, charged with a St Andrew's cross argent ; and
the last another banner argent, charged with a plain cross (called of St Gtorge.') gules,
both standing on a rich compartment, from the middle whereof issue a thistle and
rose, as the tv/o royal badges of Scotland and England : and for. his Majesty's roy-
al mottos, in an escrol above all. In defence, for Scotland ; and in die table of the.
compartment, Dieu et mon droit, for England, France, and Ireland..

The royal badges are a thistle of gold crowned for Scotland, a rose gules for Eng-
land, a flower-de-luce or, for France, an harp or, stringed argent, for Ireland. Be-
sides these there are badges peculiar to the kingdom of Scotland and England re-
presented on the banners in the royal achievement, and advanced in his Majesty's
standard by land and sea, viz.

Azure, a cross of St Andrew argent, for Scotland, St Andrew being patron
thereof.

Argent, a cross of St George (or a plain cross) gules, for England, St George be-
ing patron thereof. As Plate I. fig. 2.

I shall here add an account of the Great Seal of his Majesty King James, who is.
represented sitting on his throne of England in his royal robes, with the great col-
lar of the Order of St George about his neck, (being the first of the kings of Eng-
land represented with the collar on their seals) an imperial crown on his head,
with the sceptre in his right, and the mond in his left hand ; and, at the right
side of the throne is a lion seiant, holding a standard with the arms of Cadwalla-
der, the last king of the Britons, being azure, a cross patee jitche or, as descended
from him ; on the left side is an unicorn gorged with a coronet, and chained in
the like posture as the lion, holding with his left foot a standard with the arms of
the English Saxon Kings, being azure, a cross fleury between four martlets or. These
ensigns were placed to show his Majesty's descent from the blood royal of the
Welsh and English.

Over the throne is the royal escutcheon, quarterly ; first grand quarter, quarter-
ly, France and England ; second Scotland ; third Ireland ; and the fourth as the
first : which escutcheon is surrounded with the garter, and ensigned with an im-
perial crown. King James was the first King of England that brought into the
achievement the harp for Ireland. On the reverse of this Great Seal his Majesty
is represented on horseback in armour, holding in his right hand a sword, and, on
bis left, a shield of the above arms, and the same on the caparisons of his horse,
I

OF MARSHALLING ARMS, Uc: roi

and below its belly a greyhound crjiiriint ; tlie legend round both the sides of the seal,
'fncobus Dei Gratia An^liiif, Scotitif, Frtinciac, et Hibcniiiw Rex : the arms were
supported on the rig-ht side by the English lion crowned, and, on the Ictt, by the
unicorn of Scotland.

Those arms of his Majesty on his seals, ensigns, and coins, had no authority in
Scotland: no coins were current there but those that had the arms of ScotL-nd
placed in the first quarter before those of France, England, and Ireland, and en-
signed with the imperial crown of Scotland ; and which arms still continued with
us, and even in the time of King William Prince of Orange and Nassau, on our
seals and coins, the arms of Scotland preceded those of England and Ireland; and,
to show that he was elective king, placed over the quartered arms of Great Britain
his paternal coat by way of surtout, azure, seme of billets, a lion rampant or. arm-
ed and langued gules, for Nassau.

Since the incorporate union betwixt England and Scotland in the reign of Qiieen
Anne, the arms of the two nations have been otherwise marshalled together, w here
the lion of Scotland has lost his precedency, thus blazoned ; quarterly, first, gules,
three leopards in pale or, for England ; parti with or, a lion rampant giihs, armed
and langued azure, within a double tressure, flowered and counter-flowered with
flower-de-luces of the second, for Scotland ; second quarter, azure, three flower-
de-luces or,- for France ; third, azure, an harp or, stringed urgent; fourth quarter
as the first, all within the garter, supported on the dexter with a lion gules, crown-
ed with an imperial crown or, and, on the sinister, by an unicorn argent, horned^
maned, unguled, and gorged with a crown, with a chain thereto affixed, reflexing
over its back, and betwixt its legs or ; which escutcheon is timbred with a hel-
met and mantlings suitable to his Majesty, ensigned with an imperial crown, and
thereupon for crest, a lion passant gardant gules., crowned or ; with the- motto,
Semper eadem.

1 have blazoned the armorial figures of England sometimes leopards, and some-
times Viom passant gardant, according to the English ; and I have given their dis-
tinctions in the First Volume of this System, and shall only here add what the in-
genious author of the New Dictionary of Heraldry says at the title o( Leopards.

According to the French heralds, they differ in three particulars from lions : As,
first. That they always show their full face, whereas the lions show but one side.
Secondly, Their posture is never rampant like the lions, but only passunt ; and if
ever leopards happen to be rampant, they arC' blazoned leopards Hone, because
they take th-e natural posture of the lions in heraldry ; and so lions, when passant,
are blazoned leopards. Thirdly, The end or brush of the leopard's tail is always
turned outwards, and that of lions ought to be inwards, though this latter is not
nicely observed. Leopards represent those brave and generous warriors who have
performed some bold enterprize with force, courage, promptness, and activity.
English heralds do not observe the differences above mentioned between lions and
leopards, but make them both rampant and passant at pleasure, and show the
whole or the side of either, expressing the full face by the term gardant ; nor is
there any regard given to the nicety of turning the end or brush of the tail inward
(3r outward ; yet, as this art was learnt of the French, some notice might be taken
oi them however the English are gone from those rules.

Upon the Duke of Brunswick, Lunexburgh, &-c. his accession to the crown of
Great Britain, the arms are again otherwise marshalled, whose blazon 1 shall herf
add from the editor of the last edition of Guillim.

The achievement, or sovereign ensign armorial, of the most high and raighy
monarch, George, by the grace of God King of Great Britain, France, <ti
Ireland. Defender of the Faith, Prince Electoral of Brunswick Lunenburg. '^c.
is quarterly thus : — In the first grand quarter, England, viz. gules, three ViOWp'H-
sant gardant or, impaling Scotland, viz. or, a lion rampant within a doubl- tres-
sure, contre-fleury gules ; the second grand quarter, France, viz. azure, thr« flow-
er-de-luces w; the third Ireland, viz. rtz;//r, aharpov; and, in the fourth Bruns-
wick, that K gules, two Wons passant gardant or, impaled with Lunenburi;, viz. or,
seme of ht&vls gules, a lion rampant azure, having ancient Saxony, that .'s j^///«, an
horse salient argent, ente en pointe, with a scutcheon in iwtoM gules, o'lnrged with
the imperial crown of Charlemagne, being the proper badge of the hereditary

Vol. II. C c

102 OF MARSHALLING ARMS, i^c.

treasurer of the sacred Roman empire, all within a garter, the ensign of that most
noble Order of knighthood, of which his Majesty is chief : above the same a hel-
met, answerable to his sovereign jurisdiction ; and thereon a mantle of cloth of
gold doubled ermine, adorned with an imperial crown surmounted on the top for his
Majesty's crest by a lion passant gardant or, crowned with a like crown, proper ;
sustained on the dexter side with a lion imperially crowned gules, as the proper
supporter of the English ensign ; and, on the left, by an unicorn argent, gorged
with a princely crown, from which is a chain turned over his back, and between
his legs gold ; of which metal he is also hoofed, maned, and tufted, both stand-
ing upon a compartment ornamented with a rose and thistle, proper, being the
royal badges of his Majesty's chief kingdoms of England and Scotland, and in-
scribed (in a scroll within) with his Majesty's motto or device, viz. Dieu et man
droit. Two unicorns were the supporters of the Scots kings, which, upon the
union under King James L of England, and VL of Scotland, gave occasion for
carrying one of them on the sinister side of the achievement of England.

As to the fourth quarter of his Majesty's royal achievement being marshalled
with three coats, after a method not ordinarily used by the French and Britons.
It is true, the Germans and Spainards sometimes use that way of ente en pointe,
where the horse of Saxony is, as in Plate L fig. 5.

As to these three coats of arms in the last quarter in the achievement of his
Royal Majesty, the rise of the others above being spoke to and generally known,
I shall now speak briefly of them. These of Brunswick being gules, two leopards
or, were granted by Richard of England, to Henry Duke of Brunswick, his cou-
sin, and ever since have been carried in that princely family ; for which Hoppin-
gius citeth an ancient writer, Jo. Bangen Thuringisch, who wrote anno 1143,
page 58. " Refert Richardum Angliae regem quinque aureos leopardos insignium
" loco detuHsse, ac veniente ad eum affine suo Henrico Brunswicensium Duce,
•' duos clypeo leopardos detraxisse, illique donasse." This author has been no good
herald; who, thought that Richard of England and his predecessors carried five
leopards, but took two from five, and gave them to his friend Henry Duke of
Brunswick ; so that Richard's successors carried since three.

As for the arms of Lunenburg, they are older than those of Brunswick, being
argent, seme oi xo^ts gules, a lion rampant azure; as Hoppingius blazons them, and
which the Emperor Otto L gave to this ancient family in the year 965, for their
special service to him in Italy. Our author's words are, " Henricum quem Otto L
" Imp. an. Chr. 965, Burgravum Magdeburgensem &- principem Lunenburgensem
" fecit, leonis cerulei in campo albo, iusigne tribuit, interjectis per campum macu-
" lis, sive rosarum foliis donavit : quae usque hue Lunenburgensis ducatus super-
" sunt arma :" But others say seme of htaxts, gules, instead of roses.

As for the third area ente en pointe, gules, a horse salient argent, for Saxony, not
from the Duke's descent from Wittichindus of Saxony, but for conquering a great
part of that country, especially Westphalia. Our author's words are, " Quo ad
" equum sive pullum non erat gestum ab Henrico leone, tanquam proveniente a
" prosapia Wittichindi, ut equum deferret, sed quod maximam partem Westphalia;,
'' cujus hie equus tessera est, possidisset."

The editor of Guillim gives us the achievement of his Royal Highness George
ince of Wales, &c. Knight of the Most Noble Order of the Garter, being those
the king viz. quarterly, in the first grand quarter, England, i. e. gules, three
IS passant g,:rdant in pale or, impaling for Scotland or, a lion rampant within a
'St''^)lc tressure, ileurv contre-ileury gules; second grand quarter argent, France,
^'''^zure, three liower-de-luces or ; third Ireland, viz. azure, an harp or, strung
arge\^ ; and, in the fourth, Brunswick, viz. gules, two \\o\\% passant gardant in pale
\ialmg Lunenburg, i. e. or, seme of hearts gules, a lion rampant azure, hav-
ing eht en pointe of Saxony Ancient, viz. gules, a horse salient argent, with an
escutch\on or svlYco^M gules, and, over all, a label of three points silver. His High-
ness's suWjorters and crest the same as his Majesty's, save that each are gorged
with a lati;! argent, and his crest with one, and crowned with a prince's coronet,
not an innYiaT crown.

This autlW- likewise gives us the-sculpture of the achievement of his Highness
Prince Fkede\^ck, eldest spn of his Royal Highness George Prince of Wales, &-c.

OF MARSHALLING ARMS, b\-. 103

Knight of the Most Noble Order of the Garter, the same arms with those of his
father ; but for liis difference in chief, a label of three points ar^riit, the middle
point charged with a cross ^'ules, (St George's cross) and the same label on the sup-
porters and crest.

Likewise the achievement of his Royal Highness Ernest Duke of York, &c.
Bishop of Osnaburg, and Knight of the most noble Order of the Garter, which is
the same with ins brother's, King of Great Britain, differenced with a label of three
points, each charged with as many hearts gules ; the supporters and crest of Eng-
land gorged with the same label.

The achievement of her Highness the Princess Anne, eldest daughter of his
Royal Highness George Prince of Wales, is the same with her father's, with the
difference of a lambel in chief of five points, each cliarged with a cross gules, and
the same on the supporters of Great Britain, and all ensigned with a coronet
heightened with cross patees and flower-de-luces alternately.

The same achievement he gives to her Highness the' Princess Amelia Sophia
Eleanora, second daughter of his Royal Highness George Prince of Wales, &c.
is the same with her sister ; and, for difference, a lambel of five points ermine, also
placed upon the supporters, and adorned with a coronet as before.

And the achievement of her Highness the Princess Elizabeth Carolina, third
daughter of his Royal Highness George Prince of Wales, &c. the same with her
sisters, with the difference of a label of five points, each charged with three roses,
as I take them by the sculpture.

The arms of these three princesses are all within lozenges ; but it is not ordina-
ry with the French, nor with us, to ditTerence younger daughters from one another.

It is to be observed, that the surtout gules, charged with the imperial crown of
Charlemagne, being the proper badge of the hereditary treasurer, is not used by
any of the royal family, but by his Majesty, which I have taken notice of before
in the section of the Marks of Offices.

His Majesty, before he came to the throne of England, and to be one of the
Electoral Princes of the Empire, as Duke of Brunswick, had his arms otherwise ;
as Jeu d'Jnnories des Soveraigiis et Estiits d'Kurope, par C. Orance fine, called
Dc Brianville, par. 155. " Le Due de Brunswic blazon, porte escartele ; au i. de
" gueules a deux leopards d'or, lampasses &• arme's d'a-zur, qui est de Brunswic ;
" au 2d, d'or, seme de coeurs de gueules, au lion d'azur, lampasse' et arme' de
" gueules, qui est de Lunebourg ; au 3d, d'azur, au lion d' argent, couronne'
" d'or, lampasse de gueules, qui est d'Aberstein Neugatene ; au 4th, de gueules
" au lion d'or, lampasse' &- arme d'azur, a la bordure compone d'argent &
" d' azur, qui est de Homburg.

" Cimier un bonnet haut de gueules, couronne' d'or & seme' d'une queue de
" paon, traverse d'un cheval gallopant d'argent, entre deux faucilles aftronte'es
" de mesme, emanchees de gueules, virolees d'or, bordees en dehors rondeaux de
" queues de paon. " Thus Englished.

'The Duke of Brunswick carried, quarterly, first gules, tvfo leopards or, langued
and armed azure, for Brunswick ; second or, seme of hearts gules, a lion azure,
langued and armed gules, for Lunenburg; third azure, a lion argent, crowned or,
langued gules, for Eberstain Neugatein ; fourth gules, a lion or, langued and armed
azure, within a bordure compone, argent and azure, for Homburg.

The crest, or cemier, a high bonnet, (called by the Germans a spitbood) adorned
with a crown, topped with a peacock's train, traversed before with a horse gallop-
ing argent, between two sickles affront e of the \3AX.,emanche gules, bordered on the
outsides with roundels of peacocks' tails, proper.

The Princes and Dukes of Brunswick have had their achievements, with many
more quarters of arms belonging to their noble feus, which Jacob Willielmus Im"-
hoff gives us in his Genealogical History of the Princes of Germany, which I omit,,
to shun the length and confusion of armories.

As for the way of marshalling several arms in one shield by way of enti, i. e.
ingrafting, is more frequent in other countries than in Britain, where it never oc-
curred to me in arms, nor in any English writer, till of late in the two English Dic-
tionaries of Heraldry, that of the editor of Guillim's, and another since printed in
he 1725, who both write the same thing, viz. ente is a French word, and signifies

104 OF MARSHALLING ARMS b^r.

any thing grafted or ingrafted; it is used by foreign heralds to express a method
of niarshaUing, more frequently to be found abroad. I do not remember, says
our author, that I have met with an instance of this practice with us till now,
which is the fourth grand quarter of his Majesty's royal ensign, whose blazon I
give thus : Brunswick and Lunenburg, impaled with ancient Saxony, ente en
pointe, that is, grafted in point, or in form of that ordinary : The French call it
la pointe, which resembles in some measure the lower part of our parti per cheve-
ron ; but we have not such an ordinary in our practice. Mr Baron calls this ente
insitus. Diet, to Guil.

In my Alphabetical Index, explaining the Terms of Heraldry, mentioned in my
Essay on the Ancient and Modern use of Armories, I told that the term ente or
^fraftinj^ is when arms are placed in the triangular space between the flanks of
two other coats of arms ; as in the arms of the dukes of Savoy and kings of
Spain ; So that this way of marshalling arms was not known to us and the Eng-
lish, till his Majesty King George ascended the throne of Great Britain, and
caused, by way of ente, ingraft the galloping horse of Saxony in the base, in the
sovereign banner of Great Britain : And since I am speaking of such partitions, I
shall here add another section of these Partitions, whereby arms are accumulate
together.

TARTITIONS FOR MARSHALLING OF ARMS.

Marshalling is a term, says Guillim, of great extent, not only in ordering the
parts of an army, but also in disposing of persons and things in all solemnities,
marriages, funerals, creations of nobility, &c. But here it is taken, as it concerns
armories, for an orderly disposing of sundry coats of arms of distinct families in
Their proper place in one shield.

The various ways of acquiring arms, and the changes and occasions of them,
iiave given original to the various positions and situations of quarters or sections,
fields or areas, in shields of arms.

The multiplication of ensigns is from the conjunction of many jurisdictions and
territories, the rights and dispositions to which are sometimes conveyed by the will
of some testator, so as it frequently falls out, that great princes, by accession of
Tiew dignities, are obliged to use new titles, and add such ensigns to their own :
l'"rom whence you see, that the successors of kingdoms, principalities, and earldoms,
do annex and accumulate other arms to their own, upon several accounts; of
which I have treated before : But here I shall speak only to the Partitions which
makes the fields or areas in armories. I shall not mention parti parted per pale,
vmd coupe parted per /esse, which, when joined together, give a quartered arms ; of
which 1 have spoke fully before : but as to other sections or areas, not so generally
known with us in marshalled arms, I shall here mention four ways in accumulat-
ing many coats in one shield.

I. By tranche and taille lines. 2. By surmounting quartered coats, not only
with an escutcheon, called by the French a stirletout, but with le-tout-du-toiit, and
with other ordinaries, as the pale, fesse, and cross, dividing the quarters ; and again
surmounted with escutcheons. 3. By tiercing and ingrafting of arms, which the
French call ente. And 4. By a division of the shield into a plurality of areas by
many parti and coupe lines. Which four ways I shall speak to in order, and ex-
emplify them by instances.

Parted per saltier is a quartered coat by two lines, dividing the shield from the
right angle in chief to the left in base, ct e contra from the left to the right in
base diagonally, into four equal conal quarters or areas ; which partition the French
tall tranche taille. Such a disposition of arms is not ordinary in Britain ; yet fre-
quently in other European countries, as the well known arms of Sicily, which I
instance, being so marshalled, viz. quarterly per saltier ; first and fourth or, four
pallets gnles., for Arragon ; second and third urgent, an eagle displayed sahle,
beaked and membred gules, for Swabia. The French say " D'or, a quatre peaux
" de gueules fianqu2 d' argent, a I'aigle de sable, becque &• raembre de gueules."

2

OF MARSHALLING ARMS, bv. J05

The Latins, as Chifiletius, blazon, (parted per saltier) " Scutum oblique dextror-
" su 11 cs- sinistroibum tectum in summo &- in imo, &^c,"

The second way proposed is bs surmounting quartered arms with inescutcheons,
by the French called surtotit. 1 have given several examples of those, in this and
the former volume. When the inescucclieou or surtout is parted, couped, or
quartered, with diverse coats of arms, and these again surmounted with another
inescutcheon, the French call the uppermost le-tout-du-tout : And after this man-
ner are several coats of arms marshalled ; as in the achievement or the Princes of
Orange, in the family of Nassau ; thus quarterly, first azure, seine of billets, a
lion rampant or, for Nassau ; second or. a lion rampant gardant gules, crowned
langued and armed azure, for the country of Catzenelbogen j third gules, a fesse
argent, for the house of Vianden ; fourth gules, two leopards or, langued and
armed azure, for the country of Dietz : and over all an inescutcheon by way 01"
surtout; quarterly, first and fourth gules, a bend or, for Challons ; second and
third or, a hunting-horn azure, virole and stringed gules, for the principality of
Orange ; which inescutcheon is again surmounted of another by way of le-tvut-du-
tout, cheque or and azure of nine points, as a coat of pretension to the city of Ge-
neva.

Next, as to the Ordinaries, viz. the pale, fesse, and cross,, their usage, as a me-
thod in marshalHng of arms, by dividing the quarters in the shield, I shall illustrate
as follows.

And first, As to the ordinaiy of the pale, being a distinguishing method for
marshalling arms, I have not met with any examples used by us in Britain, though
this way of marshalling is frequently used abroad by foreign heralds. An example
whereof we have in the armorial bearing of the Dukes of Parma and Placenza ;
the blazon whereof is thus, quarterly, first and fourth o/-, six flower-de-luces azure-,
3, 2, and I, for Faranese ; second and X^axxAgiiks, a fesse argent, for Austria Mo-
dern, impaled (the French say parti) with bendy of six, or and azure, within a
bordure gules, for Burgundy Ancient. And dividing the quarters, a pale gules,
charged with a papal gonfanoun, surmounted with two keys, the one or and the
other argent, as a badge of the oi&e of the High Gonfalonier of the Church, and
over all an inescutcheon by way of surtout, the arms of Portugal, viz. argent, five
inescutheons placed cross-ways azure, each charged with five besants argent,
placed in saltier, and marked with a point sable, all within a hovdme. gules, charged
with seven castles or, three in chief, two in flanks, and as many towards the base
point.

As for the historical part of this blazon I shall give it in short thus. The terri-
tories of Parma and Placenza were long in the possession of the church till the
pontificate of Paul IIL of the family of Faranese, who made his nephew Peter Fa-
ranese, Duke of these territories, in the year 1545. But his successor Octavio, se-
cond duke, being much disquieted in the possession by the Emperor Charles V.
he was forced to marry Margaret, a natural daughter of the emperor, who esta-
blished him in the sovereignty of the dukedom of Parma ; and upon that account
the dukes of that faniily quarter the arms of Austria and Burgundy. And again,
Duke Octavio's son and heir, by marrying Mary, daughter of Edward, son of Em-
manuel King of Portugal, placed the arms of that kingdom, by way oi surtout, as
arms of alliance and pretension.

In my Essay on the Ancient and Modern Use of Armories, page ir^,, I
have given another example of the bearing of this ordinary, viz. the pale, as a
method for dividing the quarters of arms in the shield, in the arms of the Dukes
of Modena ; to which I refer my reader, where will be found the blazon and figure
of the said coat cut in copper.

Secondly, As to the ordhiary of ihe fesse, in marshalling arms by dividing the
quarters, we hav e an example in the arms of the Princes of Mirandula in Italy,
who have their qu-artered arms divided by a fesse, and it again surmounted with
an escutcheon thus ; quarterly, first and fourth or, an eagle displayed sable,
crowned, becked, and membred of the field; second and third harry of six pieces
argent and azure, surmounted of a lion gules, armed, langued, and crowned or, for
concord; and, dividing these quarters, a i&az gules, surmounted of an escutcheon,
charged with the arms of the family of Pico, being cheque, argent and azure ; and

Vol. II. D d

io6 Of MARSHALLING ARMS, cif .

all these again ensigned with a chief of the empire, to wit, or, a double eagle dis-
played sable, crowned or, as arms of patronage of the empire. See these arms
also cut on copperplate in my said Essay.

And thirdly, As to the ordinary of the cross, in marshalling arms, as a method of
dividing the quarters in the shield, we need not go abroad to seek examples, but
have instances hereof at home, particularly as used by the Earls of Caithness of
the name of Sinclair ; the blazon of whose armorial bearing is, quarterly, first
azure, a ship at anchor, her oars erect in saltier, within a double tressure, counter-
flowered or, for the earldom of Orkney ; second and third or, a lion rampant ^z^/d-j-,
for the name of Spar ; fourth azure, a ship under sail, for the title of Caithness ;
and over all, dividing the coats, a cross ingrailed sable, for the surname of Sinclair.
And it is observable that several noble feus with us that lay near the sea, carried
always in their arms ships or lymphads. Also several families of the name of
Sinclair, as descendants from the said earls of Caithness, divided their quartered
arms by this ordinary of the cross, such as the Sinclairs of Dunbeath, Brims, &c.
but use suitable bordures for differences.

There is another example of this method of bearing in the arms of Ogilvie of
Boyne, who makes the cross ingrailed of Sinclair divide his quartered coat thus;
first and fourth argent, a lion passant gardant gules, crowned or, for Ogilvie ; se-
cond and third argent, three crescents gules, for Edmonstone ; over all, dividing
the quarters, (the arms of Sinclair) a cross ingrailed sable. Which method of
marshalling his arms he assumes, as being a younger son of Ogilvie of Findlater,
who quarters the arms of Sinclair with his own paternal bearing, on occasion of
Sir Walter Ogilvie of Auchleven his marrying, in the year 1437, Margaret, only
daughter and sole heir of John Sinclair, possessor of the barony of Deskford in
Banffshire.

The third way of multiplying many coats of arms in one shield, laid down, is
by tiercing and ingrafting, which the French call e7ite, a word which signifies any
thing grafted or ingrafted. And the author of the New Dictionary of Heraldry,
Svo, London, 1725, tells us, " That the word ante or ente, denotes that the
" pieces are let into one another, in such form or manner as is there expressed.
" As, for instance, by dove-tails, rounds, swallow-tails, or the like, and is a term
" used by heralds when arms are placed in the triangular space between the
" flanks of two other coats of arms, to express a method of marshalling more fre-
'• quently to be found abroad in the books of the armorial bearings and blazons of
" foreign heralds," where several examples of this nature might be adduced ; parti-
cularly this method is used by the kings of Spain, dukes of Burgundy and Savoy,
the counts of Flanders, and a great many more families of distinction, as I have
made evident by sundry examples, to be found in my foresaid Essay on the An-
cient and Modern Use of Armories, from page 216 to page 220, to which I refer
niy reader. I do not remember that I have met with one instance of this practice
wirh us till now, which is the fourth grand quarter of his Majesty King George
his royal ensign, who beareth quarterly, first the royal arms of England impaled
with those of Scotland ; second the royal arms of France ; third those of Ireland ;
^nd the fourth grand quarter thus, viz. first the arms of Brunswick gules, two lions
passant gardant or, impaled with those of Lunenburg, viz. or, seme of hearts ^u/fj-,
a lion rampant azure, armed and langued as the hearts, and grafted by way of
ente between the im.paling in point the arms of lower or ancient Saxony, being
;(ules, a horse courant argent ; and over all this fourth grand quarter, by way of
surtout, a shield gules, charged with the crown of Charlemagne. Or the said
quarter may admit of this blazon, the arms of Brunswick and Lunenburg, im-
paled with ancient Saxony ente en pointe, that is, grafted in point, or in form of
that ordinary. The French call it la pointe, whicli resembles in some measure the
lo\','er part oi o\xr parti per cbeveron.

The fourth and last method proposed for marsliuliing of arms is by dividing of
the shield into a plurality of areas or quarters, by many parti and coupe lines,
which, when drawn, appear like the areas of a chequer, divided by liorizontal and
perpendicular lines. By this method of marshalling, as many coats as shall be
thought fit may be taken in. But, in my opinion, if coats of arms shall be thus
marshalled by the bearers, merely on account of descent from families by the mo-

OF iNIARSHALLING ARMS, fi.-. loi

ther's side, though they were neither lieiresses nor representiitivcs of the families
they are come of, such shields thus charged with so lu.iny coats of arms can be
called nothing but s. ^crifalogicul peniwn , and cannot be loLiked upon as proper <m-
formal armorial bearings.

In perusing several books of heraldry 1 lind that it is agreed by the best au-
thors, that the number of marshalled arms in one -si ield should not exceed six or
eight quarters at most, and these always charged upon "Ue vvarrantaOle grounds and
reasons of the bearers having many territories and feus, or matching with heiresses,
or as coats of alliance and pretension. The Germans, it is true, are in use to liave
twenty or thirty ditiercnt coats accumulate in one shield, as the curious will lind
in Jacob Will. Imhoif's Blazons of the Achievements of the Princes of the Em-
pire ; but this is always on the foresaid account of their many territories and feus,
to show how many votes they have in the circles of the empire, and so display the
arms of these feus with their other arms. Besides, that they have another mate-
rial reason for this practice, in respect that the younger sons, by their custom,
share with the eldest in the dignity and titles of honour of the fiunily ; on which
account there is ground for an accumulation of arms.

The French indeed come not up with the Germans In having so many coats of
arms marshalled in one shield, their feus not being so many, nor so free, and the
succession of these dignities belonging always to the eldest son or heir ; yet some
will have a plurality of them marshalled with their own iirnis, but then always,
for good reasons, and never exceeding the regular method of eight areas at most :
But we in Scotland have not as yet come into this method of marshalling our ar-
morial bearings by many parti and coupe hues, though we had an example thereof
brought into Scotland by Mary of Lorrafn, (Daughter of Claud Duke of Guise,
and son of the Duke of Lorrain) who mai-ried James V. King of Scotland, and
was mother of Mary Queen thereof, whose armorial bearing was the arms of Lor-
rain impaled with the arms of Scotland, which are yet to be seen on several re-
markable places in the kingdom, and particularly to be met with excellently em-
bossed and illuminate on a hall in the house of Seaton, the blazon whereof is coupe
one, parti three, making up eight areas ; though some blazon thus, saying four
coats in chief, and as many in base. But that way does not rightly show how
these coats are disposed; and, therefore, others say more distinctly, coupe one,
parti three ; first the arms of Hungary ; second that of Naples ; third that of Je-
rusalem ; and fourth the arms of Arragon. These four sovereign bearings, as coats
of alliance and pretension, are placed in the upper part of the shield above other
four of lesser dignity, viz. fifth the arms of Anjou; sixth that of Guelders; seventh
that of Juliers, and in the eighth area the arms of the county of Bar, and, over
all, by way of surtout, the arms of the dukedom of Lorrain, all which are impal-
ed with these of Scotland, and the full blazon of the several coats therein contain-
ed is to be found in my said Essay on the Ancient and Modern Use of Armories,
where other examples of blazons and figures on this head are set down and nar-
rated.

Again, after King James VL his accession to the crown of England, he having
lionoured some favourite Englishmen with titles of dignity in Scotland, they in-
troduced the English custom into this kingdom of marshalling their arms by many
parti and coupe lines, far exceeding the regular method laid down by the best
heralds. As in Mr Font's Manuscript of the Blazons of the armorial bearings of
the nobility of Scotland, where Sir Henry Carey, one of these English gentlemen
advanced to be Viscount of Falkland in Scotland, has his shield of arms divided
by four coupe and six parti lines, which make thuty-four different areas, filled up
with as many ditferent coats.

The blazon of which armorial bearing, as narrated by the said author, is as fol-
lows : He bears (says he) thirty -four coats, viz. first and last, argent, on a bend
sable, three roses of the first, by the name of Carey, being his paternal coat. 2. Or,
three piles in point meeting in base azure. 3. Gules, a fesse betwixt three cres-
cents argent. 4. Azure, a cheveron argent between three gauntlets or. 5. Sable,
two bars wavy ermine. 6. Azure and gules, quarterly, within a bordure gobonat-
ed argent and azure. 7. Azure, a lion rampant argent. 8. Gules, three iions pas-
sant or, within a border argent. 9. Or, two bars gules in chief, three torteauxes.

2

138 OF MARSHALLING ARMS, Si.^

10. Barry of six, or and azure, surmounted of a bend gules, ii. Gules, two bends
wavy or. 12. Barry of ten, argent ^nd gules. 13. Gules, a fesse or. 14. Parted
pei pale, or and gules, three torteauxes interchanged of the one and the other.
15. jrirgent, two h^in gules. 16. Fretty bend-ways, or and azure, withm abordurc
gules. 17. Cheque, or and aziire, surmounted of a cheveron ermine. 18. Or, tWLx
bars ^i/Zd"/. 19. Quarterly, or 'znd gules, within a bordure, ingrailed and gobonated,
argent and azure. 20. Or, a cross .fr/z/^j-, difl'erenced with a label of three pendants
in chiti azure. 21. Parted per pale, or and argent, a lion rampant ^a/fj-. 22. Or,
six lions rampant sable. 23. Sable, three garbs argent. 24. .Argent, a manchc
f«/«. 25. Argent, a chief ^a/fj. 26. Ga/fj-, a cheveron argent. 27. Or, a bar
between two cheverons sable. 28. A lion passant gardant, crowned or. 29. Argent,
three eagles' wings displayed ^«/^j-. 30. Cr, three bars ^«/f j. 31. Argent, two
lionels passant azure, crowned or, armed j>-tt/ifx. 32. Argent, a cheveron ^z/Zfj-.
33. Argent, two bars, and a canton azure. 34. And last coat is as the first.

As also Henry, Lord Constable of Halsham in Holderness, (York E. R.) an-
other of these English gentlemen who was, by letters patent of the said King
James, raised to the peerage of Viscount of Dunbar in Scotland, divides the arms
on his shield into coupe two, parti four, which makes fifteen areas of different
bearings.

The blazon of whose armorial bearing, as in Mr Pont's said Manuscript, is thus:
The said Viscount of Dunbar, says he, beareth fifteen coats marshalled in one
shield, viz. i. Barry of six, or and azure, his paternal coat for constable. 2. Argent,
three garlands gules. 3. Crussalla of cinquefoils or, surmounted of a bend, in-
grailed argent, by the name of Umfraville, sometime Earl of Angus. 4. Gules,
a cheveron or, by the name of Kym, Lord of Kym. 5. Quarterly, or and gules,
on a bend sable three e'scalops argent, for the name of Onarass. 6. Barry of six,
vr and azure, on a canton gules, a cross fleury argent. 7. Or, a cross sable. 8.
Gules, a saltier argent, with a mullet sable, for difference, for the name of Newell.
9. Or, fretty gules, on a canton parted per pale, ermine and or, the oars of a ship
in cross sable. 10. Gules, a lion salient or. ii. Or, a chiei dancette azure, for the
name of Glamnyll. 12. Azure, three crescents, and nine cross croslets argent,
for the name Glanell of Conerhame. 13. Qiiarterly, or and gules, surmounted of
■d bend sable. 14. Sable, a bar between two garbs argent. The 15. and last,
azure, a cross fleury or.

But as for Sir Richard Graham of Netherby in Cumberland, baronet, who was
descended from the Earls of Monteith in Scotland, another of these gentlemen ad-
vanced to the Scotish Peerage by the said Kmg James, by the title of Lord Viscount
of Preston, though he divides the shield of his arms by parti and eoupe lines, yet
does not exceed in areas the regular number above mentioned ; for he only mar-
shals his arms by coupe one, parti two, which makes but six areas, the first two
being filled up with the arms of Graham, Earls of Monteith, and the rest with
four other coats, which I presume his Lordship can very well account for. The
blazon and figures of whose achievement will be found in Mr Guillim's Display of
Heraldry.

This way of marshalling arms by many coupe and parti lines in England, first
began in the reign of King Edward IV. and has been much affected and followed
by the English since. But though the above Queen Mary of Lorrain, and the
foresaid English gentlemen, advanced by King James to be peers of this realm,
give us examples of such bearings, yet I do not find that any of our Scots nobility
or gentry have been fond to practise this method. And though the Germans,
French, and many sovereign monarchs and princes abroad may have just grounds,
for the reasons above rehearsed, to accumulate various coats of arms in one shield
by a plurality of areas made up by many parti and coupe lines, yet the English
heralds are to blame in so far degenerating from the regular rules of heraldry (laid
down by the most intelligent heralds) in composing and marshalling arms by so
many parti and coupe lines, which, when drawn, make up an unaccountable plu-
rality of areas, and filling them up with such different arms as they are not able to
give a just reason for. And the English have given us many such examples, which
in my opinion, as 1 said before, are no more but genealogical pennons of families
in England; particularly, Richard Blome has followed this method of marshaUing

OF MARSHALLING ARMS, IJc. 109,

arms, in a great number of examples that he gives us in his Treatise of Honour,
Military and Civil, added to Mr Guillini's Display of Heraldry, some of which are
but a heap of maternal descents, who have no right to carry the arms of these fa-
milies, ot which their mothers and-grandmothers were neither heiresses nor repre-
sentatives, and so cannot regularly or justly be marshalled, and transmitted to pos-
terity as formal arms, but are and will be looked upon by all judicious heralds,
and others known in the science, as a piece of maternal genealogy. Columbiere
tells us, " That thirty-two areas is the greatest number used in France ; bu; tiie
" English and Germans (says he) sometimes extend to forty :" as a tesimony of
the truth whereof, he says, " He saw the escutcheon of the Earl of Leicester, am-
" bassador extraordinary to France, in the year 1639, and 1640, divided into that
" of forty ; and some, he affirms, do go on to sixty-four several coats." But that
such a multitude rather make a confusion, than adds any beauty to the escutcheon.
And though this method has been practised by many of the English nation, yet
they have had many learned and judicious lieralds among them who ridicule such
practices ; paiticularly, Sir William Dugdale, in his Ancient Usage of bearing
arms, is of the same opinion with me, and much blames the quarteriiig of many
marks, as he calls them, in one coat, shield, or banner ; " Because, (says he) those
" marks being designed for commanders in leading their armies, and to be known
" by, they ought to be apparent, plain, and easy to be discerned ; so that the
" quartering of many together hinders the use for which they were designed ; for
" no man can distinguish them at any distance, and ignorant persons can make
" little of them near at hand." And, to confirm his assertion, he produces in-
stances of fatal consequences that have happened by mistakes in not discerning the
coat-armour.

The first beginning of this practice in England was, as I said before, in the
reign of King Edward IV. who fell in love with Elizabeth Widville, daughter to
Sir Richard Widville, and widow of Sir John Grey of Groby, whom he married.
And, to aggrandise and qualify her for the royal ensign and bed, she was allowed
to marshal the arms of her maternal descent, being more noble than her paternal,
hy coupe ons, parti two, making six areas, which is more regular by far tlian the ir-
regular plurality of areas the Enghsh now aff'ect. Mr Sandford, in his Genealogi-
cal History of the Kings of England, hatli, in page 285 of the said book, given the
blazon of the arms of the said Q^ieen Elizabeth, which they that are curious will
there find.

i\nd now having gone through and treated fully, and I hope satisfyingly, of all
the various methods of composing and marshalling arms of the internal parts of ar-
mories contained within the shield, and the manner of forming regular arms there-
in, I shall next proceed to speak to these figures which adorn the outer parts, com-
monly called the exterior ornaments of the shield, with the several positions and
additional trinvmings thereof

Vol. II. E e

Vojr Pi^'i'-y /'■<-'

PAHTIV. Oj-tke^vteriirrOr?2amentiioftheShzeld.

'^^^^'^^^>»^^>5^^^,-^^^^,^,^^^^^

SYSTEM

OF

HERALDRY.

SPECULATIVE AND PRACTICAL:

WITH THE TRUE ART OF BLAZON.

PART FOURTH.

CHAP. I.

CONCERNING THE EXTERIOR ORNAMENTS OF THE SHIELD, WITH SEVERAL ADDITIONAL
TRIMMINGS.

HAVING treated fully of the inner pieces or figures of armories contained
within the shield, I proceed to those which adorn the outer parts of the ar-
morial shield, commonly called the exterior ornaments; such as helmets, mantlings,
wreaths, crowns, crests, mottos, supporters, compartments, and other marks of dig-
nities and offices, which are placed above, at the sides, below, and round the shield
or escutcheon ; which so trimmed make a complete armorial achievement. Be-
fore I treat of these figures separately, I shall speak a Httle to their rise and use in
general.

The shield being preferred by the ancients to other military instruments, not
only for its then dignity and sign of nobility, and necessary use to cover a man's
body in battle, but for the conveniency of its form to receive military marks and
devices, which came at last to be the fixed hereditary marks of nobility placed
within the shield, after the devised imaginary parts of a man; as in chief, collar,
coeur, and Jlangue points, that is, the head, the neck, the heart, nombrial, or navel,
and the thighs, or base points, which seem to relate to those parts of a man. And
that the armorial shield might resemble a man the more, it is thought by some,
that the custom of trimming it with crown, helmet, crest, and other marks of dig-

2 EXTERIOR ORNAMENTS.

nities, was in imitation of the dress of the ancient heroes in time of war; and
also after the fashion of the Roman images or statues, in place of which came
arms as ensigns of nobility ; of which 1 have spoke before in the First Part of this
System.

Others again bring the rise of those exterior ornaments from the habit and
dress of mihtary men in public military exercises, such as tournaments' and joust-
ings. Which opinion seems most reasonable; for none were admitted into those
exercises but such as were truly noble, and had arms as tesserae of their descent,
which they adorned with exterior ornaments, to hold forth their present condi-
tion and dignity, and which behoved, at their military exercise, to be exposed
to public view before the time of jousting, that by those their owners might be
known.

Of the lav/s and forms of tournaments and joustings in several countries I spoke
before, and shall only here add two laws anciently used by our neighbour nation,
from a manuscript (in our Lawyers' Library) written by one John Caxton an
Englishman, which he recommends to the reading of his king, Richard, and to the
knights of Scotland, viz. " The victor may go out of the barriers of tournaments
" and joustings with his basnet, (/. e. helmet) or he may have it placed on his
" shield, or carried before him with his cognizance, motto, or cry of war. Item,
" No man should wear his, cognizance or tynal {i. e. crest) upon a close basnet,
" (?'. e. helmet) but he that has carried arms within the lists and barriers of mili-
" tary exercises; and all other nobles should bear their tynal of their arms above
" an heaum, (/. e. helmet) to show they had been at such exercises."

As arms appear to have risen from military virtue, and came not in a sudden
to their present perfection and beauty we now find them in, but by a long time
gradually, and were of great esteem of old, being the reward of heroic action ; so
they were also desired and obtained by others (not of the military employment)
who justly thought they merited no less from their sovereigns, by services they
performed in their civil than others in their military capacity, and so adorned their
shields of arms with coronets, consular capes, battons, and Ciher such like signs of
dignified offices; as did also the ecclesiastics with mitres, hats, crosiers, keys, and
inher ecclesiastical marks; of which afterwards.

In later times the men opulent of the vulgar, through ambition, began to place
their marks in formal shields, which was not allowed to them of old, but in car-
touches, ?. f. false shields; which presumption occasioned those that were truly
noble by descent and military virtue, to be more diligent to distinguish themselves
from the vulgar by timbring their shields of arms with the most eminent marks
of their several degrees of nobility, which was not then presumed to by the
ignoble.

Charles de Grassalio, in his Treatise of the Regaha of France, gives the name
timbre to all those marks of dignity and offices, whether military, civil, or ecclesias-
tic, when placed upon the top of the shield; and which word is used also by the best
of heralds. John Baptista Christyn, Chancellor of Brabant, in his Jurisprudentia
Heroica, says the same. His words are, " Timbrum enim generali voce dicitur,
" id omne qua; armis apponitur, aut ad significandum officii dignitatem, aut orna-
" menti gratia." The crown, helmet, mantlings, wreath, crest, and other devices,
the papal tiara, cardinal's hat, the patriarch's cross, the mitre, with several other
things ensigning the top of the shield, are called the timbre; on all which I shall
insist in the following chapters.

Timbre, savs Guillim in his Display, chap. 6. Cometh from the word timmer; for
that in the Allemagne tongue is the same that we in Latin call apex, or summitas
acuminata, the crest. To timbre the arms is to adorn them with helmet, mantle,
crest, &-C. as Chassenus noteth. Our author says, " Nulli licitum, nee solet, quis
" timbrare arma sua, nisi sit saltem eques militaris vulgo clievalier," i. e. none did
nor could timbre their arms but a knight, commonly called a chevalier: But with
us the custom is otherwise; for, of late, every gentleman that has arms may timbre
them; for each particular country have their own custom in bearing of arms; which
custom seems to have the vigour of a law, " Qiiia consuetudo, ubi lex scripta non
" est, valeat quantum lex, ubi scripta est." But it may seem that such bearings

EXTERIOR ORNAMENTS. 3

timbred is rather tolerate through custom than allowed in the strict construction
of the laws of arms and honour."

Barnabe Moreau de Vargas makes the helmet a mark of nobility, and says it is
the crest and helmet whicli distinguishes gentlemen from those that are not such.
Menestrier, with other heralds, ascribes the custom of placing the helmet and crest
upon shields of arms to tournaments and joustings, the arms bemg a sign of noble
descent, and the helmet, crest, &-C. as marks of chivalry. And, 1 observe, the>-
have been anciently so taken with us; for, of old, our nobility had only their arms
in a shield without helmet or crest; as appears by their seals appended to ancient
writs, and by our old paintings and manuscripts of blazons. But our high no-
bility, and those famous for chivalry, had their arms, of old, timbred with helmet,
crest, and other ornaments, when tournaments were in use with us; of which I
have given an account in the First Volume of this System. And 1 shall here add,
for my reader's better understanding, a short account of a formula in the festivals
of arms, to show that the adorning of them, now in fashion, had its rise from those
military exercises, viz.. " That they who came and were admitted behoved to be
" gentlemen of name and armsi, and their shields hung up in public places some-
" time before the prefixed day of joustings, with the helmets, crests, and other
" devices placed above their shields of arms, to the end that those who came to
" exercise might be known to each others, and challenges regularly given : As
" also that the lords and ladies, who were to assist as judges at these exercises
" might know, by the arms and devices, who had the advantage in such fights.

" The shield of arms being thus exposed below the windows of houses and other
" public places, which were next to the list of the barriers, were always pendent
" by the left point of the shield ; upon which point were placed the helmets,
" mantlings, crests," &-c. Which splendid ceremony was by the French called a
Faire Fenestrie.

It is then from this custom in the tournaments that we meet with so many old
shields couche. i. e. pendent by the left corner upon old seals, with helmet, and
other ornaments. And 1 shall give a few instances of the same practice, of old,
with us, in the following chapters on the seals of our ancient nobility, which I
have seen; and this position of the shield couche is taken, by antiquaries and he-
ralds, as a sign that the owners of them had been at those military exercises, into
which none were admitted but such as were truly noble by their paternal and ma-
ternal proofs of nobility; ot wh.ch afteru'atds, vvith the other pieces of the exterior
ornaments. And, firbt, of the bdmet.

CHAP. n.

OF THE HELMET, OR CASQ.UE.

AS the head is the noblest part of the human body, so the helmet is doubtless
the noblest part appertaining to the ornament of the arms of nobility.
Witli the ancients it was an honourable ornament of the head called gnlta, from
the Greek word r«ir, tlie skin of a beast, with which the ancients covered their
heads to make th^m appear terrible in battle, as historians tell us,. Hoppingius the
the lawyer says. That of old helmets were made of leather, fa/f^, mateiia prlmitus
corium fiiit ; and afterwards, when^ it was made of any metal, it was called cassis,
and distinguished from galea;, as our author, cassis de lamina, sit galea de corio:
But at last they came to be both made of metal for the better defence of the head;
so that galea and cassis are not distinguished now.

The Helmet, by the Germans heien, or hellem, which imports to cover the head,
as our author says, when it was adorned with a crest, the owners thereof were
called .S/j/7'z/, or Brenrn; irova whence (says he, cap. g. de yure Iiisignium) the
dukes of Brunswick and Brandenburg, whose predecessors were Brynni, i. e.
galeati, having helmets crested ; and being governors of castles, as Brynswic, Arx
Brynni, and Brandenburg, Castellum Breniii dictum fuerit.

The Italians for helmet have the word elmo, which is the same with the German

Vol. II. F f.

4 EXTERIOR ORNAMENTS.

hellem; the Spaniards have the word celado, from the hatin eel are, because it
hides the face.

The French for helmet use the heaum, especially when they understand an old-
fashioned close helmet, with holes for breathing and seeing through. But when
the helmet is open, with bars, and adorned with lambrequins, crest, and other or-
naments, they call it then the casque, or timbre: The last they use ordinarily for
3II the marks of dignity that are placed upon the top of the shield or escutcheon,
whether military, civil, or ecclesiastic.

I shall forbear here to insist upon the various forms of helmets in all ages
and countries, and proceed to their matter and forms as now generally used in
Europe.

Heralds have observed three things in respect to the helmet, its matter, form,
and situation.

The matter of which they are supposed to be made is of the metals, gold, silver,
and steel, which show three degrees of dignity j these of sovereign princes of gold;
these of the high nobility of silver; and these of the lesser nobility, such as gen-
tlemen, of polished steel. Which order is observed in Germany, but especially in
Flanders, where, by an edict in the year 1616, it was not lawful for any to use a
gold helmet on their shield, under the penalty of 300 florins: which was put
in execution against a nobleman contravening that edict in the year 1658 ; as
the author of the Observationes Eugene alogiccB et Heroica, lib. 1. cap. 8. observes,
where he tells us also, that the emperor did sometimes dispense with that edict,
by allowing some of his favourites, as a sign of great honoui", to use a gold hel-
met; as to D. Simon de Fierlundtz, Chancellor of Brabant, by a diploma in the
year 1664.

As to their form, they are either close or open; some will have the first a sign
of military nobility, and an open one of civil nobility. This distinction, says our
author last mentioned, is not observed in Flanders, whether open or close, since
both high and low nobles use them both ways; yet, in Germany, says he, a close
helmet is a sign of a begun nobihty, and an open one of ancient nobility, and an
helmet altogether open a sign of s&vereignty, and when with bars, of dignified no-
bility, and when with a vizor with holes only, a sign of inferior nobihty. The
Germans use also to distinguish the degrees of nobihty by the number of the bars;
eleven of them show the sovereign dignity of an emperor and king, nine the dig-
nity of a duke and marquis, seven that of an earl, five that of a lord, and three bars
show the dignity of a knight, and a gentleman by descent; and the same form of
helmets, with the number of bars for distinction, the Italian Sylvester Petra Sancta
gives us in his Tessera Geniilitia.

The situation of the helmet on the shield, fore-right, fronting, or side-ways, in-
timates also the degrees of greatness and power, by the matter and form, as above:
So that a close helmet, situate side-ways, is a mark, as heralds tell us, of a gentle-
man or soldier, who has acquired honour by his assiduous services, being always
ready to fight, and give attention to the commands of his superior. Wliether tlie
side-standing helmet looks to the right or left it makes no difierence, neither is it
any sign of illegitimation though tiirned to the left, though some heralds affirm it
to be a mark of bastardy, as Marcus Gilbertus Dewarenius: But the most learned-
heralds are not of that opinion, and look upon the side-standing helmet situate to
the left to be as honourable as that to the right. For which I shall add the words
of Sylvester Petra Sancta, " Obhquas versus levam statui cassides tesserarias dun-
" taxat eorum, quibus desit honor legitimorum natalium, etenim utrumque per-
" aeque decorum esse reor, atque est decorum, seuin dextro cornu exercitus, seu in
" levo dimicare, militibusque in alterutro pra^esse."

When a close helmet stands direct forward, it shows nobility altogether new,
and acquired by some heroic action ; when barred and placed side-ways, the mark
of some lord that has no command in battle or otherwise, but of his own vassals:
But when placed fronting, intimates a chief command, not only of his own, but
other companies; and when altogether open and fronting shows an absolute and
independent power. I think I have said sufficiently, according to foreign heralds,
a^nent the signification of the matter, situation, and form of helmets. I cannot
but here add what Mene5trier says in his Origin of Exterior Ornaments, chap i..

EXTERIOR ORNAMENTS. 5

" That all helmets were of old close and plain, until their metal, number of bars,
" and situation, came to be taken notice of, and that not long ago; but since the
" year 1559, when the French gave over the use of tournaments, upon the acci-
" dent which happened to King Henry 11. of France, jousting in disport at a
" tournament with Gilbert Earl of Montgomery, Captain of the Scots Guards,
" who thereby was wounded in the eye with the splinter of a spear, of which his
" majesty died." After which various forms of helmets were used, and placed
upon shields of arms by the nobility, to show their degrees of dignity and quality,
especially by the number of bars. The customs of France, from whence we had
all our heraldry, and especially, of late, in distinguishing the degrees of nobility,
by the matter, form, and situation of helmets on the shield, are, according to the
French heralds, thus :

The helmets of kings and emperors are all of gold damasked, fronting (as they
say tarre de front) altogether open without bars and vizor; because they are to sec
and know all things, and command all without contradiction.

Dukes, marquises, and earls, have silver helmets damasked with gold, fronting
with nine bars; the French say grille et mis df front.

Viscounts, barons, and knights, iiave silver helmets with gold edges, standing in-
profile, /. e. a little turned to the side with seven bars.

Esquires and gentlemen of ancient descent have side-standing helmets of polish-
ed steel, with five bars in the guard-vizor.

To gentlemen of three descents they give a helmet in profile, i. e. standing side-
ways, with three bars only. Which forms of helmets I have caused engrave in
the first plate belonging to this chapter.

To a Icnight they assign the helmet standing right forward with the beaver a
little open, to signify direction and command.

The Scots and the English have their helmets after one form, somewhat dif-
ferent from those of the French.

A gentleman and esquire have their helmets in profile, i. e. posited side-ways
with the beaver close, to signify his attention and obedience.

The helmet in profile, or placed side-ways, and open with bars, belong, to all
noblemen in Britain, under the degree of a duke.

The helmst right forward, and open with many bars, is assigned to dukes, princes
of the blood royal, and monarchs.

The monarchs of Great Britain have their helmets that same way fronting witlv
bars; but the French give to their sovereigns a fore-standing helmet, open, without
bars, and vizor of gold : But other sovereigns, as the emperor, have a fore-standing
helmet with eleven bars of gold ; as Sylvester Petra Sancta, " Cassis penitus
" aperta cum undenis clathris, est imperatoris, est regum, est principum supre-
" morum."

All agree that an open helmet is nobler than a close one, and a direct fore-stand-
ing helmet than a side-standing one, upon the accounts above given ; yet, by our
practice, a knight has a fore-standing helmet open, and our dignified nobility a
side-standing helmet with bars. The reason of which seems to be, because bars
are more noble than visors or beavers, though cast up ; and I think the bars should
be numbered, to distinguish the degrees of our nobility.

When they all go to battle, they have close helmets of steel or brass for the de-
fence of the head, which are not of gold or silver, nor formed with a certain num-
ber of bars, which are used for ostentation, and placed upon the top of the shield,-
to show the degrees of nobility in public places, and at solemn assemblies.

Our herald-painters, at funeral occasions, make the helmets of the deceased no-
bility of pasteboard argaited, and parcel gilt with fine gold in oil ; and are fa-
shioned after the forms mentioned with these of the English.

Elias Ashm.ole, in his Institutions of the MostNoble Oi'der of the Garter, chap. XI.
sect. 7. tells us, " That the Knights Companions of this Order have, besides their
" escutcheon of arms, their helmet, crest, and sword hung up over their stalls in
" the chappel of St George at Windsor, and ordained to remain there during the
" lives of their possessors. The helmets used on this occasion (says our author)
" are made of steel, large and fair, of a more than ordinary proportion, and are of
" two sorts ; one appomted for sovereign princes gilded and formed open, with

6 EXTERIOR ORNAMENTS.

" bailes or bars ; the other for Knights Subjects in the reign of Henry VIII. were
" parcel gilt : but in Queen EHzabeth's reign and since it is the custom to gild
" the helmets all over, having close visors, and to place St George's red cross m
" the middle before the visors ; and these are the form of the helmets of the Knights
" of tiie Garter at Windsor : but their helmets placed on their shields of arms in
" other places are after the form we have been speaking of, as all others of their
" quality, without regard to them, as Knights of the garter."

When there are two helmets placed on an escutcheon of arms, they look to one
another of whatsomever quality the possessor be ; and when there are three hel-
mets, that in the middle is placed fronting, and the other two contourne, i. e. turned
to it : and if there be four helmets on a shield, two looks to two. The practice
of multiplying helmets is frequent with the Germans, to show the number of their
honourable feus, by which tiiey have as many votes in the circles. The helmet
with them is a sign of eminent nobihty ; if there are four, six, or eight helmets,
the one half of them are turned looking to the other with their mantlings and
crests.

OF THE ORNAMENTS OF THE HELMET, COMMONLY CALLED MANTLINGS, LAMBREQUINS,
HACHEMENTS, VOLETS, 13"..

ANTIQUARIES and historians tell us, as I said before, the helmets of he-
roes at first were made of the skins of beasts, and afterwards, as more con-
venient, of metal, which they covered with the skins of cruel and rapacious beasts,
such as lions, tigers, bears, &-c. that they might appear terrible to their enemies,
and stately and magnificent ; they covered not only their helmets, but also the
armour of their bodies with taffeta, or other pieces of stuff, of such colours and fi-
gures as they fancied, that they might be distinguislied and known in battle ; as
Polyb. lib. 6. cap. 20. " Ut ejusmodi tegmentum &• ornatus pariter insigne sit,
" per quod quisque, aut strenue, aut ignaviter, se in prselio gerens, a praefecto suo
" agnosceretur."

These coverings of the helmet are called by the Latin writers te^mtna galea,.
from their use in preserving the helmets from rain and dust ; the Germans call it
very fitly, helm decken, i. e. the cover or dress of the helmet, the English, mant-
lings, by the French capelines, lambrequins, hachements, volets, &-c.

This ornament of armory, by Guillim, is called improperly a mantle, from the
French v.'ord manteau, with us taken for a long robe, a miUtary habit used in an-
cient times by great commanders in the field, as well to manifest their high place,
as also (being cast over their armour) to repel the extremity of wet, cold, and
heat, and, withal, to preserve their armour from rust. The manteaux are different
pieces of ornament of the achievement, upon which the whole achievement is laid,
and called the ducal mantle, of which afterwards. But, by this ornament of the
head, there remaineth neither shape nor shadow of a mantle ; for how can it be
imagined, that a piece of cloth, or whatsoever other stuff, that is jagged and froun-
ced after the manner of our common received mantlings, used for the adorning of
the helmets, being imposed upon the shoulders of a man, should serve him to any
of the purposes for which mantles were ordained. So that these being compared
with those, may be more fitly termed flourishings than mantlings. Sir George
Mackenzie tells us, " That the ornament of the helmet was never intended to re-
" present a covering to the bearer or his shield, but only to his helmet, and carried
" to show the variety of its jagged cuts sustained in battle, which was in some mea-
" sure of their form, by the fluttering of the wind."

The French heralds assure us, that these mantles were originally no other than
short coverings, which commanders wore over their helmets to defend their heads from
the weather ; and that going into battles with these, they were wont to come away
with them hanging about them in a ragged manner, occasioned by the many cuts
they had received on their heads ; and therefore, the mor? liacked they were, the
more honourable they were accounted. When these hoods are entire and not cut,
L

EXTERIOR ORNAINIENTS, 7

the French call them capdines, (as that one upon the helmet of the arms of Cham .
paign, so frequent m many books) and from which is a saying wiUi the French,
un homme de cupeline, for a man resolute and ready to fight.

Marc Voulosen de la Columbier, in the 42d chap, of his Science, says, " That
" those trimmings of the helmet served as an ornament to accompany a coat of
" arms, which would ha%-e had an evil grace, if the helmet had remained bare and
" naked."

The antientest practice of this hood, mantling or capeline, I have observed, is
on the equestrian seals of the Earls of Flanders, given us by Olivarus Uredus de Si-
gillis Cofnitum Flandrice, where, in that curious book, is tiie seal of Robert Earl of
Flanders. He is represented iu armour on horseback, holding- on his left arm the
armorial shield of Flanders ; and upon his helmet is a hood, or capeline, entire
and uncut, hanging back over his neck ; and upon it was placed his crest in the
years 1304, ar«i afterwards some of his successors were so trimmed with helmets on
their heads, topped with their crests; which helmets, so trimmed, were not then
placed on their shields of arms, until Philip the Bold, Duke of Burgundy, and Earl
of Flanders timbred his shield of arms with helmet, capeline, and crest in the
year 1384, as by his seal to be seen in the fore-meptioned book, and which prac-
tice continued with his successors. It is to be observed, that the trimming of the
shield with helmet, mantling, and crest, came from the military dress of great men.
Sandford, in his Genealogical History of the Kings of England, gives us the seal of
arms of Thomas Earl of L^v^^caster, eldest son of Edmund, brother to Edward I.
of England, where, upon the helmet, there is a capeline, and upon it a wiveron
or dragon, for crest ; the capeline he calls an ancient mantling, and says the crest
is the lirst he did see used by these of the royal family.

Sir George Mackenzie, in his Science of Heraldry, gives the equestrian side of
the seal of IM'Duff Earl of Fife, where he is in armour on horseback, holding in
his right hand a sword, and on his left arm his shield of arms, and upon his head
his helmet affronte, and grille a capeline, with a long tail hanging over his back.
In several herald books, and in one of the editions of Guillim's Display, there are
entire hoods or capelines for mantlings. But I proceed to other forms of mant-
lings, from which they have various names with other nations.

When they are represented curiously cut like the leaves of parsley, such as those
which top the pillars of Corinthian work, have made some heralds think the custom
of using such on helmets to have come from garlands, made of such leaves, for
which they call them feuilles. Others again, upon the account that mantlings be-
ing cut and torn in several pieces and shreds, like labels hanging down, are taken
for ribbands which tied crowns and garlands ; they term them lambrequins, from
the latin word lemniscus, which signifies a label, piece of stuff, or ribband.

The true rise of the present forms of mantlings jagged and frounced, is from the
the heroes returning from battle with their hoods or capelines. Afterwards, in
process of time, the same authors say, they were by degrees made deeper, and so
from the helmet hung down below the whole shield, adorned according to the
honour of the bearer, or the fancy of the painter: These things, which at first
were regulate as marks of distinction, afterwards became common to all sorts of
quality.

Oliver de la March, describing the equipage of the King of the Romans, says,
" That he carried a tood on his helmet, with laps hanging down to the. saddle, all
" curiously cut like the leaves of parsley.

Voulosen de la Columbier and Mencstrier, in their Treatises of Exterior Orna-
mets, both eminent writers in this science, tell us, " That this ornament of the
" helmet, sometimes represented hanging down by the sides of the shield, was of
" old no other thing than the cover or hood of the helmet, (called, as before, the
" capeline, when entire) which, being cut in battle, was a sign of military valour;
" and, being so accidentally cut, was, by art, fashioned into the forms or shapes of
" the leaves of trees or herbs, and other things that they best pleased ; and some-
" times adorned with embroideries and precious stones, became a suitable dress for
" true nobility, called by the French hticheinents, from the old French word ache-
" vient, which signifies the ornament of the nead." And Chitiletius, in his Latin
blazons of the Knights of the Golden Fleece, calls them facennunta, by changing

Vol. II. G g

& EXTERIOR ORNAMENTS.

the letter H to letter F, which ordinarily the Spainards do in other words, av
Menestrier observes ; and other heralds;, who write in Latin, call them not only
faceumenta, hnifascce, lacima, and p/.vikrte ; and when they do not hang down by.
the sides of the shield, but riy out above the heads of the supporters, are then cal-
led by the French volets.

Having considered mantlings, I proceed now to their tinctures, which were of
old with us, and are still with other nations, of the same with the armorial tinctures
of the paternal arms of the bearers, though quartered with these of other families and
dignities : and when theie are two casques, i. e. helmets, trimmed with such, then-
they are of the tinctures of the quarters, for which they are the proper casques be-
longing to these quarters ; as in the achievement of the Dukes of Bavaria ; quar-
terly, first and fourth, sable, a lion crowned or, langued and armed gules ; second,
and third, bendy lozengy, argent and azure, over all an escutcheon ^///fj-, charged
with an imperial mond or : On the shield of those quartered arms are placed two
helmets, adorned with their proper mantlings or hachements, viz. that on the
right, sable and or ; and the other on the left, argent and azure; which two casques
look to or.e another.

I shall here mention the sculpture and blazon of the arms of Colonel Alexan-
der M'DowALL, Baron of Lodvica in Swedland, as in the First Part of this System ;
quarterly, first, azm-e, a lion rampant argent, crowned or ; second gules, an arm in.
armour argent, holding a cross eroslet fitched azure ;. third, ar, a lymphad sable ;
fourth, or, a rock snblc in base, and, in chief, tv.to salmons nalant, proper; and oven
all, by way of surtout, an escutcheon as the first, ensigned with a double crown.
The shield of his arms is timbred after the German and Swedish fashion v/ith three-
crests, that in the middle being a ducal coronet, and upon it a dove,, all proper,
between two helmets fronting one another, adorned with mantlings of the tinctures
of the arms, and ensigned with ducal coronets in place of wreaths : out of that orr
the right issueth a lion argent, crowned or ; and from that on the left, an arm in
armour holding a cross eroslet fitched, as before. For which see the 5th Plate of
Achievements taken from those arms finely illuminated in the middle of his patent
of nobility granted by King Charles XI. of Sweden, to Colonel Gustavus Mac-
dowall. Baron of Lodvica, in the year 1674, father of the above Colonel Alexander,
in whose hands I have seen the patent ; as also a genealogical tree of the family,
as descended of M'Dowall of MakM^ton. For more account of this family, see
the First Part of this System, page 413.

When many casques timbre the shield with relation to quarters, they are then of,
the tinctures of those quarters they belong to ; as on the escutcheon of the Dukes
of Saxony (which contain twenty-one quarters) are eight helmets, with mantlings
of the tinctures of the quarters they belong to. These curtly blazoned by Imhoif,
" Phalerarum quibus circumfusse sunt, has^galeae possunt ab areolis dignosci."

The English have all the mantlings of gentlemen and knights red without, and
lined or doubled with white within, and those of dignified nobility also red, but
doubled with ermine ; and the mantlings of their sovereigns are of gold, doubled
with ermine, to distinguish those degrees of nobility : so that in blazon they say,
"■ Which shield is timbred with helmet and mantling befitting their quahty, with-
" out naming the tinctures." Which practice of late our heralds have followed ;
but by our old illuminated books of arms, I observe the mantlings to be of the tinc-
tures of the arms within the shield.

Ashmole, in his above-mentioned book, says, " The Knights Companions of the
" Most Noble Order of the Garter have their helmets hung up in Windsor, with
•' their mantlings of cloth of gold lined with white satin : at the bottom of these
" mantlings hang a pair of gilt knobs burnished with gold, from which issue out
" tassels either of gold or silver (according as is the metal in the king's coat
•' armour) mixed with silk of the principal colours in the arms of the Knights
" Companions; which tassels, being of the tincture of the arms, represent the an-
•' cient mantlings; those tassels are called appendices in the statutes of Henry VIII.
" No\y the knights of whatsoever dignity, as the companions with the sovereign in
" this order, are allowed gold helmets, gold mantHngs, doubled ermine, as the
" sovereigns; but their helmets and mantlings, in other places and oecasions, must
" be after the degrees of their quality."

EXTERIOR ORNAMENTS.

CHAP. IV.

OF THE WREATH OR TORCE.

THE wreath is made of two or more pieces of silk of divers colours, wreathed'
or twisted together, and is called a ft/tr, quia torqiietur \ by the French,
tortil, and by us, of old, the roll or ro~jii, because its pieces of dilFerent colours are
stopped with flax to keep a round shape ; and for which the French call it bouilrt,
from bourre, which signifies flax or wool, wherewith they stop cushions and other
utensils.

These were anciently called by the Latins, corolhK,plectiles, and were different
of old from crowns and coronets, they being made of twisted silk of diverse colours,
which fixed or tied the mantlings co the helmet, and was a part of the timbre as
at this time ; but of old none was allowed to use them but these that were ho-
noured -by the sovereign, or who had assisted at the coronation of kings ; as Hop-
pingius, cap. 9. § I. " Qiiod jus portandi ejusmodi corollas non pertinent, nisi ad
" iilos quibus ipsis collatus fuit, hie honor, aut aliquis ex illorum majoribus in coro-
" natione regibus inserviret."

Menestrier, speaking of this ornament, says, " That some hundred years ago
" the French nobility used such garlands made of twisted silk, with which they
" kept fast upon their heads their hoods and caps ; as may be seen, says the au-
" thor, on ancient paintings, and especially on the images and pictures of the
" old dukes of Burgundy and Milan; afterwards the use of it in armorieswas to
" fasten the mantlings or lambrequins upon the helmet."

Favin, in his Theatre of Honour, says, " Wreaths were made of cords of silk
" twisted together, Vv'hich were of the colours of the arms, the liveries of the
" owners or their mistresses, with which the ladies (says Menestrier) were wont to
" tie and fix the mantlings of the knights to their helmets in the days of solem-
" nizing of tournaments, for Vv'hich they are called in romances, ladies' favours ;
" as in that formula of the tournament perfornied at Placenza by King Reynold.
" Prom which also we learn, says our author, that the lambrequins were always of
" the colours of the arms, and the wreaths might have been of any other colours.
" But now-a-days the practice is otherwise in Britain, for the mantlings or 1am-
" brequins are not of the colours of the arms as before ; but the wreaths are al-
" ways of the armorial tinctures, and even so used by the Knights of the Garter
" on their stars at Windsor."

The mixture of the colours of the wreaths being taken from the metals and
colours of the paternal arms, though quartered with many other coats of arms in
one shield, for the more orderly disposing of the colours of the wreaths ; Gerartl
Leigh gives this rule, " That the metal should be begun with first, and then
" the colour :" But Sir George Mackenzie gives a more distinct rule, agreeable to
the practice of other nations, " That the first tincture in the wreaths should be
" that of the field, and then that of the immediate charge, and after that the next
" mediate and so iforth, if there be supercharges : But yet, says he, there are
" some old wreaths with us that are not of the tinctures of the arms, and possibly
" they at first might have come from the colours of their mistresses' favours. By
" old seals we cannot know the tinctures of the arms and wreaths ; but on the an-
" cient seals of our High Stewards of Scotland they had their wreath cheque as
" the armorial figure of the fesse cheque."

The wreath in Camden's Latin Blazons is called tortile, in Imhoff's vitta, and
sometimes tenia, and by others corolla, taking it for a garland, which the ancients
used of old to adorn their hehnets with.

The blazon then of such exterior ornaments already treated of runs thus: Which
shield of arms is timbred with helmet and mantling suitable to the bearer's quality,
and on a wreath of his tinctures for crest, &-c. If the colours of the wreath be
not of these of the arms then they are to be named. Furrs used in arms are also
to be found in the wreath.

10 EXTERIOR ORNAMENTS.

Wreaths are sometimes laid aside, and in their place crowns, ducal caps, or eccle-
siastic tiars, upon which stand the crest ; of which I shall speak in the following
chapters.

When crests are used alone, as upon the sides of seals, coaches, and other uten-
sils, we find them always placed on a wreath. Gerard Leigh says, " That in the
" reiyn of Henry V. no man under a knight durst place his crest on a wreath, but
" on an escrol ; but now he, who has liberty to timbre his arms with helmet and
'-' mantlings, may place his crest on a wreath."

C H A P. V.

OF THE CREST OR CIMLER.

THE crest is the highest part of the achievement, being placed upon the most
eminent parts of the helmet, but yet so, as thai it admitteth an interposi-
tion of tlie mantle, wreaths, chapeau, crowns, &c. It is named crest from crista,
which signifies a comb or tuft, such as many birds have upon their heads ; as the
cock, and peacock, lapwing, lark, &.c. The Persians called the Carians (an an-
cient people in Asia) cocks, because they appeared in battle with crests on their
helmets ; and to them some heralds ascribe the rise of arms and crests.

The French heralds call them chniers, from cime, which signifies the height or
top of any thing ; by the Latins, cimerium, quasi in cimo collocutum ; by the Ita-
lians, ciniiero : and Minshew, in his Dictionary, calls it, conus galece, apex ; and
adds, " Est in arraatura signum ad familiarum differentiam, quod gestant nobiles
" in scuti suprema parte, has cristas vocant." Syl. P. S. calls it, acroteriiim, in his
72d chap, de variis tesserarix galece acroteriis. It is sometimes called by heralds,
thimbnnn j but that is too general a term, for all the ornaments which adorn the
helmet are called timbre of the shield.

The word thimbrum or tymhrum, some derive from timbus a tomb, or monument
of the dead or living, from which the verb timbrare, i. e. to timbre the shield with
crown, helmet, mantlings, wreaths, crest, &c. as Hoppingius, cap. 9. " Nostri
" timbri iituntur voce, facta forsan ad cimbri, hoc est busti analogium ; indeque
" verbum timbrare, sive timbro galeam ornare."

As for the antiquity of crests, it appears that the ancientest of the Heathen Gods-
wore them even before the use of arms, and were made of iron or steel. Jupiter
Ammon bore a ram's head for his crest ; Mars, that of a lion or tyger, casting out,
fire at his mouth and nostrils ; and Minerva, the mistress of arts and goddess of
victory, bore a sphinx between two griffins, the emblem- of secrecy ; Proteus, whom
the fable represents to us in so many shapes, was a chevalier, who every day
changed his crest, sometimes having the head of a lion, at other times the head
of a boar, of a horse, of a bull, of a dragon, &-c. by which he was looked upon
as a monster of many different forms; as the first horsemen were looked upon
to be Centaurs, that is half men half horse. Hercules, for his crest, used the head
of a lion, and with the skin covered his body ; Aventinus, as descended of him,,
had the same ; Alexander the Great had also the head of a lion, and sometimes
the head of a goat, to show that he was descended of Jupiter Ammon ; Julius
Csesar carried sometimes a star, to show that he was come of Venus, at other times
the head of a bull, elephant, and wolf; Marcus Corvinus, a noble Roman, had
upon his helmet a raven, to commemorate a notable victory which he obtained ;
because, in the time of a fight, the raven sat on his helmet, which his posterity per-
petuated by such a figure. As Virgil, lib. 5.

Corvir.iis plioebaea sedit cui casside fulva,
Ostentans ales, preavitae insignia pugnte.

Thus we see that crests are- derived from the remotest antiquity, though now
not used in war, armour being laid aside ; but in coat-armour they still continue.

For the ancients using them on their heads or helmets, historians and heralds give
several reasons ; first, For the carrying the parts of fierce animals, that the mili-
1

EXTERIOR ORNAMENTS. ii

tary men might appear fierce to strike terror in their enemies ; :•£ Tacitus speak-
ing of the Parthiaiis ;

-Ore ferarum, rictuque hotrificaiit galea?.

And Virgil, lib. 8.

Terribilem cristis galeam flammasque vomcntem.

And, ^dly. To theend they might appear the more beautiful, and so much taller
than they were, ^dly, Some earned crests out of superstition, as a token of respect
and reverence; as the. Swedes, by the relation of Tacitus, who says they supersti-
tiously carried the boar. His words ai-e, " Insigne superstitionis formas apronun
" gestans." Hayton, in his History of the Tartars, tells, " That since the Em-
" peror Zingi was delivered fiam his enemies by the meaus of an owl, which,
" perching upon a tree in »/hch iie was hid, made his enemies believe there could
" be no mau there, seeing the owl so tamely took- her rest: Upon which account,
" as a lucky bird, the kings of that country bore the owl for their cres«; and the
" Tartars had that bird after in great veneration, and thought themselves happy if
" they could get any of its feathers to wear upon their heads."

i^th'y, They were used to distinguish in time of battle, and to be known by their
men, that they might stick fast -to them then, and rally again about them if dis-
persed ; and, therefore, says an English writer, " Esquires, who had no notable
" command, were not pennitted to wear such on their helmets."

The primitive Christians, says Menestrier, had for their crests and cognizances
burning crosses, i. e. crosses with rays. There is a resemblance of this custom yet
with us in the Highlands; when invaded, the inhabitants send burntcrosses through
the country to make all run to arms..

Of old none were allowed to use crests and cognizances, but those that were
eminent; as Diodorus Siculus in his History of Egypt; neither did the Romans
allow them to be used by any under the degree of a knight: And the Emperor
Vespasian discharged the use of them from those that had not saved seven citizens,
" Q^iii septem cives non servassent." Anciently those devices or cognizances were
arbitrarily taken up, and laid down at pleasure, and were not fixed and hereditary
marks of families as afterwards : .But we may say the first use of them became the
seed and elements of armories, wiien they passed from the heads of heroes to their
shields, banners, pennons, ahd gideons; but, in later times, these cognizances or
devices, we may say, do now pass from the shield to the helmet first used upon it,
having the same signification and import; as is observed by Hoppingius rfc J;/?-?
Insignium, cap. 9. memb. 8. " lUud fere regulare est quod ea;dem galea; imponun-
" tur figurse, qure scuto insertte conspiciuntur; quo casu, quae originis causa in
" scuto, eadem ut plurimum & in galea erit, dixi ut plurimum, nam nobilissimi
" collumniorum in Italia familia. illud quo galeae erat insignse, clypeo applicavit,
" postea vero ad galeam revocavit."

The family of Cclonni in Italy it seems used on their helmet a pillar for their
cognizance, relative to their name Colonna, which they afterwards placed in tlie
shield, as the armorial fi.gure of the family, and since have placed again for a crest.
And, as I observed before, his Majesty George, King of Great Britain, has now in
the royal achievement of Britain the wild horse of Saxony, ingrafted by way of
ente, which before was the crest of the Dukes and Princes of Brunswick. But
more of such changes immediately.

The crest, of whatever figure, was first carried of old by heroes on the top of
their helmets, anciently called by us and the English badges, and cognizances by
the French and Italians, for their symbolical import. Devices and impresses are of
an older use than arms; and some say, that those ancient badges being afterwards
regulate, fixed, and made hereditary marks of honour, to the descendants of a fa-
mily, placed on surcoats, banners, shields, and other military utensils, were from
them called arms, and for a long time continued within the form of the shield,
without any embellishments adorning the outer parts of it as now.

The first rise of those embellishments in adorning the helmet were used in
battlesat general musters; and especially in tournaments and joiistings in Franca

Vol. II. H h

12 EXTERIOR ORNAMENTS.

and Germany, where these military exercises first began ; and then proceeded to
other countries, where great men desired to be known, and to signahze them-
selves: And it being requisite that they should all bear different things to be
known by, that great variety, among such a number of commanders, was very
agreeable by the variety of crests, which were taken for some particular cause
and motive; and accordingly they had some mysterious signification, to express
some remarkable action, or other notable thing appertaining to their family or
country.

Our historians have mentioned some solemn tournaments holden with us in the
reign of Alexander II. ; and much about the time that the English solemnized
them in the reign of Richard I. where I doubt not but the armorial shields of
knights were then trimmed fashionably, as those of France and Germany.

Old seals apppended to evidents, especially those called sigilla imagims, do repre-
sent the dresses of knights of old, having the image of the owner in a military
dress, fashionable to the times, most frequently on horseback, brandishing a sword
by the right hand; on tlie left arm the shield, and on the head a helmet, ensigned
with his crest or cognizance, for which called an equestrian seal. The other side, or
reverse, called sigilium armorian, which contains the shield of arms without any em-
bellishments, and sometimes trimmed with exterior ornaments. A few of which.
shields I shall here mention, appended to evidents and authentic deeds..

Equestrian seals were first used by great men represented on horseback, having
their shields of arms on their left arm, and their heads covered with helmets,
mantlings, wreaths, and crests; which trimmings came afterwards to timbre the
shield of arms.

As for the ancient use of them with us, I shall begin with Sir James Balfour,
Lyon King at Arms in the reign of King Charles I. who, in a manuscript of Ex-
terior Ornaments, said to be written by this author, the use of which manuscript I
had from Balfour of Denmiln, a near relation of his, and have a copy of it by me,
says, in his 12th chap. " That after all the enquiry and search he could make for
" old seals in Scotland, he could find no seal timbred with helmet and crest, till
" the reign of King David I. except one which belonged to Gilchrist Earl of
" Angus, who lived in that king's reign, and had on his helmet a flourishing
" branch of a palm tree; which seal was appended to a charter of his to the mo-
" nastery of Dunfermline. And near about that time, says our aathor, the Earl
" of Sutherland had on his seal a shield of arms timbred with a helmet, and
" thereupon for crest a cat salient, which is carried to, this day by the family."
William de la Haya, (one of the progenitors of the Earls of Errol, High Constable
of Scotland) his seal of arms appended to a charter of donation, granted by him
of the lands of Ederpnllis en le Carss, to the abbacy of Cupar, (which donation
was confirmed by King Wilham, in the 7th year of his reign) had the shield of
arms of Elay, as now carried, tin.bred with a helmet, and, for crest, a falcon volant:
But it seems there were no supporters, otherwise our author had not omitted them.

He tells us also of Sir Williasi Wallace, Governor of Scotland under John
Baliol, the then pretended king, who had on his seal a shield of arms timbred with
a helmet, and, for crest, a swan's head couped, appended to a grant of his, thus:
" WiUielmus Wallace, miles, custos regni Scotia; sub Joanne rege, & cum con-
'■ sensu communitatis ejusdem regni, dedisse oflicium Constabularitatis Jacobo
■' Scrymgeour de Dudop, militi regis vexillario :" He likewise gives the seal of
Sir James Douglas, the Flower of Chivalry, having his shield of arms timbred with
a helmet, and, for crest, a bird. He lived in the reign of Robert I.

I have seen the armorial seal of James Earl of Douglas and Marr, Lord of the
barony of Cavers, handsomely embellished, appended to a charter of his of the
date the 27th of July 1389, where his arms were, quarterly, first and fourth a
man's heart, and on a chief three stars for Douglas; second and third a bend
betwixt six cross croslets fitched, for Marr, timbred with a helmet and hachements,
and wreaths ; and, in place of a crest, topped with a plume of feathers : the
achievement was supported with lions gardant, and at their backs a tree growing,
all within a pale of wreathed wood. In the year 1442 there was a judicial tran-
lumpt of this charter taken before the Abbot of Melrose, with the description of
the seal by a notary, which 1 thought fit to insert here, and is as follows, " Charts.

EXTERIOR ORNAMENTS. i^

" bon« meaioriffi domini Jacobi comitis de Douglas & de Mair, ac doniiiii h:i-
" ronias de Cavers, cum i>ao vera sigillo, rotundo in cera rubra alb-x impressa,
" modo chartarum penden. sigillatum, in ciijus quidem sigilli rotunditate sen cir-
" cumferentia sculpebantur htec verba, sigillum Jacobi comitis de Douglas St- in-
" fracircumferentiam sculpebaturclvpeu:. trianguhiris, St supra dictum clypeum le
" timrale, S^- qui'dam bosca de pluniis, & ex utraque parte ijusdem clypei qua;dam
" arbor cum ramis. Dictus vero clypeus gestus erat cum bestia sylvestri, ad mo-
" dum leonis seu leopardi ;: &• intra dictum clypeum bculpcbuntur tres stellulae &
" unum cor, &- in intima parte idem, &• in secunda fci iniima parte sculpebantur
" sex cruciuncuL-E, vulgariter diet, croyslets cum Ic band in medio eorundem; &-
" in duabus superioribus partibus dicti clypei erat sculptura facta modo contrario
" ad inferiorem sculpturam." The last words import what heralds say, first quarter
and fourth the same, second and third the same, being all counterposed in quartered
bearings. I have added tliis bla/on for its antiquity given us by a common no-
tar. If he had begun with a description of the shield before he had begun with the
outer parts, it had been better.

Let this instance be sufficient for the practice of our nobility having their hel-
mets adorned with plumes of feathers (instead.of other things) for their crests,
which was agreeable to the practice of other nations, who had feathers only for
their crests ; as Lipsius observes, " Nescio quo naturEe ductu, ubique terrarum fere
" bellatores hoc affectant, orientales passim atque etiam rudes isti in novo orbe, et
" majores nostri et hinc insignia ista familiarum varia quibus superbimus." And
Polybius, speaking of the exterior ornaments as we are doing, says, " Prncter ha;c
" omnia adorantur corolla plumea, pennisque puniceis, albis &- nigris, erectis
" longitudine fornia: cubitalis, quae in summo vertice ca:teris armis addide-
" lint. "

The ostrich feathers, most glorious, were more desired and sought after than
others, for embellishing the helmets of great men.

The cognizance and device of the Princes of Wales is a coronet adorned with
these feathers, since the battle of Cressy in France, where. Edward the Black
Prince of Wales took it from the head of John King of Bohemia fighting for the
French. And such feathers became also, with some variation in their tinctures,
3. device to other sons of the royal family of England ; of which before in the
First Part of this System.

The tufts and plumes of feathers in old books of tournaments were called plum-
ailes or plumars, says Menestrier, and were placed in pipes, which rose from the
top of the helmet, frequently to be seen on the old helmets of the Germans, as also
these of the Dukes of Savoy ; and these pipes have been by some writers taken for
pillars.

The Gern ans of old, and at this time, have their helmets adorned with the
wings of birds, called voles, with the figure of some animal, a? also with winding
horns, which they used in tournaments, and sometimes with high caps called
spiteboods, ordinarily of the tincture of the arms, and charged with the proper
figures after the partitions of the field, as parti, coupe, tranche, taille, and quarterly
cheque, and h%engy, paly, and bendy ; as may be seen in their books of arms.

But to return more particularly to crests, which were sooner used upon the hel-
met of the chevalier in battle, and afterwards on heads of their images in
equestrian seals, and then upon the helmets, which timbres now the shield,
both with us, the English, and other nations, of which I shall add here a few
instances.

I have observed no crests on the equestrian seals of our ancient kings, but on
their heads, helmets, and on their crowns : Neither are there any crests to be
found, as 1 am informed, upon the seals of the kings of England, till Edward III.
who began his reign 1327. " And as he was the first king," says Sandford in his
Genealogical History of England, " that quartered the arms of France and Eng-
" land in one shield; so he was the first that used a crest, viz. a lion passant gar-
" dant, crowned upon a chapeau, with which his figure on horseback was adorn^-
" ed, as on his royal seal. "

The first crest to be met with on the seals of the Earls of Flanders, (given us by
Olivarus Uredus de SigiUis Camitum Flaudriee') with whom arms were in high

14 EXTERIOR ORNAMENTS.

esteem, is that of Philip Earl of Flanders, where he is represented in armour on
horseback, supporting by his right hand a square banner, whereon was depicted
the hon of Flrtuders, and on his left arm a shield with the same lion, and upon the
top of the helmet on his head, for crest, a demi-hon. Which seal of arms was ap-
pended to an evidence of his in the year iioi.

One of his successors Robert Earl of Flanders, had on his .seal, in the year
1104, his own picture in armour on horseback, holding by his left arm the shield
of arms of Flanders, the helmet on his head adorned with a capeline or manthng
uncut, upon which stood, for crest, a dragon ; and another like unto it was placed
upon the head of his horse : on the reverse, or other side of his seal, was the es-
cutcheon of his arms, neither trimmed with crown, helmet, mantling, or crest.
His successor Lodovick Cressiacensis Earl of Flanders 1329, had a lion seiant,
between two horns, for a crest, on the equestrian side. And his son and successor
Lodovick Maleanus Earl of Flanders, anno 1.346, had not only for crest the Hon
upon the equestrian side, but on the^ other side or reverse a shield couche, charged
with the lion of Flanders, and timbred with a helmet and capeline ermine, and
upon it a demi-vole for crest : And upon another seal of his in the year 1382, there
is a lion seiant, holding the escutcheon of Flanders, with its head in a helmet (in
place of that which timbres the shield) and thereupon a crown relevate with
flowers, and issuing out of it a demi-lion between two voles for crest. And this is
the first practice of timbring escutcheons with helmet, capelines, crowns, and
crests, upon the seals of the Earls of Flanders.

As for the ancient seals of the nobility in Scotland, one side of them for the
most part were equestrian, long before they timbred their escutcheon of arms
with the above-mentioned ornaments ; of which I shall give three or four in-
stances.

On a seal of Rolland, Constable of Scotland, he is there- represented on horse-
back in armour, with a sword in his right hand, and on his left arm a shield
charged with a cheveron ; which figure was also on the caparisons of his horse,
before and behind. This seal was appended to a charter of his, wherein he is
designed RoUandus, Jilius Uthredi const ahularius regis Scotorum, granted to Allan
Sinclair, and Matilda his spouse, of all the lands which William Morville, gave to

them : which charter is in the custody of Sinclair of Herdmanston, Dr,.

of Medicine.

I. have seen several seals of the ancient Earls of Dunbar and March, appended
to evidents and charters ; as that one belonging to Patrick Earl of Dunbar, v/ho
married Ada, daughter to King William, granted by him to the abbacy of Mel-
rose : which seal had but one side after the equestrian form, a man in armour on-
horseback, holding in his right hand a sword, and on his left arm a shield charged
with a lion rampant, within a bordure charged with roses. His grandson Patrick
Earl of Dunbar had such another equestrian seal in the year 1251, with this vari-
ation, that the arms of Dunbar, as above blazoned, were also on the capari-
sons of his horse ; and on the back of the seal, or reverse, was the impression of a
lesser seal, having a. shield charged with a lion rampant, and the legend round, Si~
giUum Annorum.

His successor Patrick Earl of March and Dunbar, v/ho lived in the reign of
King Robert I. had only a plain shield on his seal of arms, viz. a lion rampant,
within a bordure, charged with eight roses, without helmet, crest, or any other
exterior ornaments.

The first of this family who had a shield of arms timbred, was that of George
Earl of March Lord Annandale and Man, with a helmet, and for crest, issuing
out of a wreath, the head and neck of a horse bridled ; the supporters of these arms
were two lions seiant, and behind them two trees : which seal was appended to a
charter of his of the lands and wood of Sorrowlsfield to the abbacy of Melrose, the
8th of May 1400. These charters and seals 1 did see in the custody of Mr David
Simson, Historiographer for Scotland, who told me he had them from the Earl of
Morton's charter-chest.

Thomas Randolph, who married a sister of King Robert the Bruce, on his seal
of arms appended to a donation of six merks out of the lands of Redpath, to the
monks of Melrose, to say prayers for the soul of Alexander III. was only a shiekl'

I

EXTERIOR ORNAMENTS, 15

charged with three cushions, without any other exterior ornaments. His son
Thomas EaiL of Muiikay, Lord ^Vnnandale and Man, had his shield ot'arms as his
fatlier, without any exterior ornaments. Which two seals of arms were placed
upcn a compartment like a rose, and are supposed to be si^illa piivata, their pri-
vate seals, which are nut trimmed so as then- great seals. Six James Balfour, in
his foresaid manuscript, says, " That lie has seen the seal of this Thomas Earl of
" Murray, nephew to Kuig Robert I. which had the arms of Randolph, a shield
" charged with tbrc»e cushions witlvn a double tressure, flowered and counter-
" flowered, the shield timbred with helmet, raantlings, and wreath, out of the last
"• issued a demi-lion gardant. "

Roger Quincy Earl of Winchester in England, who came to Scotland in the
reign of King William, and obtained great possessions, being Higii Constable there
in ri.^ht of his wife, the eldest daughter of Allan of Galloway, Constable of Scot-
land, granted several charters, one of which 1 have mentioned in the First Part of
this System, to Sccher de Seaton, to which is appended his seal in red wa.x, with
two sides ; the face is equestrian, having a man in armour on horseback brandish-
ing a sword, and on his left arm a triangular shield, charged with seven mascles,
three, three, and one, and had the same figure on the caparisons of his hor^e, and
below its belly a winged dragon, with these words- round the seal, Sis'il. Rogeii dc
^li/icY comitis H'incestrite. On the other side of the seal, called the reverse, is a
man standing in a coat of mail, with a sword in his right hand, and supporting a
long triangular shield by his left, with the foresaid figures, being in a posture as if
he were combating with a lion erect, having his two fore paws on the shield, and
below his hinder feet a rose ; the man's head and face being covered with a close
helmet, ensigned with a circular diadem, but not adorned with flowers; upon which
stands a dragon with wings and tail nuved for crest ; and the legend round, Sigil-
lum Rogeri de ^lincy constabularii Scotia: which charter and seal is in the Earl of
W^inton's charter-chest : the charter has no date. This Roger is said by our
historians to have died in the year 1264 : and on the account of his relation
with the family of Seaton, it is thought that that family, being dignified
with the title of Earl of Winton, carries the same dragon which Qumcy used for
crest.

Sandford, in his Genealogical History of England'; gives us the seal of arms of
Thomas Earl of Lancaster, who died in the reign of Edward II. on which he is
represented on horseback, in his coat of mail, with the surcoat of his arms ; upon
his helmet stands a wiveron or dragon for his crest, and from it lambrequins.
Our author says, " This is the first crest and mantle he obsened in the royal fa-
" mily of England, his horse being also caparisoned with his arms, Viz. gules, three
" Wons passant gardant or, the wiveron being also fixed on the head of his horse.
" His seal had also a reverse, upon which was a large shield charged with the said
" three lions, and a label of five points." But this shield was not timbred with
helmet, mantling, and crest, as afterwards. For our author tells us in his fore-
cited book, " That the first shield he observed timbred with helmet, mantling, and
crest, was that of Thomas Mowbray, who was made Earl of No ttingh-VM by King
Richard II. per juncttiram gladii ; and, by patent. Earl Marshal, the 12th of Fe-
bruary 1382, being the fir^t Earl Marshal of England ; those befortr him were
only marischals, without that title of dignity : And afterwards upon the 29th of Sep-
tember 1397, he was advanced by the same king to the dignity of Duke of Nor-
folk. His shield of arms was then timbred with helmet, mantlings, and cha-
peau ; upon which stood a lion yxiXM/i/jl^a/rfiW?, gorged with a duke's cro.vn for
crest.

If this be the first practice for timbring shields of arms in England, the practice
has been sooner with us, as is given by the fore-mentioned instance:. I shall add
another well known, viz. the armorial seal of John Stewart Earl of Carkick,
eldest lawful son of Robert High Steward of Scotland, who, before his father was
king, had his shield ot arms timbred with a helmet, mantling, and wreath, and
upon it for crest a demi-lion : Which seal was appended to a charter of his
to the church of Glasgow, in the year 1360; and his seal of arms, after his
father's accession to the crown, was not only timbred, but supported by two
lions.

Vol. IL Li

x6 EXTERIOR ORNAMENTS.

The figures of animals and other things placed upon the top of the helmet ot
heroes for crest, in battle or in tournaments, were made of pasteboard, parchment,
or boiled leather, formed and illuminate with colours suitable to the things they
would have them represent, as Columbier tells : And that sometimes they were
made of timber or thm uon ; but these being weighty, they were more frequently-
made of the foresaid matter, and fixed to a piece of leather, which was also fixed
to the top of the helmet, and which leather was covered with the capeline or
mantlings. The crests of the Knights of the Garter set upon their stalls at
Windsor, Ashmole says, are either placed upon the wreath, or on a crown or
ducal cap turned up with ermine ; and of whatsoever form their crests be, they
are neatly carved in wood,, and either gilt, or wrought in their proper colours-
in oil.

When placed on the heads of heroes they look straight forward ; but when,
they top the helmet which timbres the escutcheon, they follow the position-
of the helmet direct forward in profile or side-ways ; and when more hel-
mets are on a shield than one, they look to one another, as before men-
tioned.

All who are allowed to place on their shield of arms a helmet, may adorn it
with manthngs, wreath, and crest ; as Sir George Mackenzie in his Science of He-
raldry, page 90. For men choose what crests they fancy ; only it is not proper to
choose such things as could not stand, or be carried by warriors upon their hel-
mets, as balances or other things, which cannot either stand fixed, nor wave
handsomely.

I proceed to give account of crests, whose various forms depend upon the
fancy of the bearers, who made choice of such which best pleased them for the
time ; yet, it is presumed, many has assumed crests upon divers considerations, of
which I shall add some from the practice of armories.

Many considerable persons have taken the armorial figure, the charge within
the shield, or a part of it for crest ; then the helmet is said to be aniiet, as the di-
minutive of the arms : Generally the German casques are so armet ; and when the
crest with them is of no figure, or part of the charge, yet that it may show forth
the tessera of the family, they make it of the tinctures of the field, or by the par-
tition lines of the arms it timbres.

The crest of Scotland is a lion (the armorial figure of the kingdom) seiant full-
faced gules, crowned or, holding in his dexter paw a naked sword, and m the si-
nister a sceptre, both erected.

That of England is a leopard, or, as they call it, a lion passant gardant or, be-
cause three of them are the armorial figures of that kingdom.

The Emperor's crest is a double eagle ; the Kings of France have a flower-de-
luce, and the Kings of Castile and Leon, a castle and lion, the proper charges of
their imperial ensigns ; so that their helmets are armet, as the French say.

The helmets of subjects are often ar?jiet with crests, being a part, or the haill, of
their armorial figure. A few examples 1 shall here add ; as Home Eaii of Home
has his helmet armet with a lion's head erased argent, his armorial figure being a
lion. Ker Earl of Roxburgh, who carries in his paternal coat three unicorns' heads
erased, takes one of them for a crest ; and Ker Earl of Lothian has for crest the
sun in his glory, because he carries the same in his coat of augmentation. Seaton
Earl of Dunfermline, the Earl of Melville, and the Lord Gathcart, have crescents
for their crests, which are the armorial figures in their shields ; and Forrester
Lord Forrester has a hunting-horn, having three for his arms. Many other in-
stances might be added, which 1 omit for brevity's cause.

Sometimes the crest is a part of one or other of the supporters, v>/hich are placed
at the sides of the shield ; as that of Keith Earl Marischal, who carries for
crest a hart's head proper, having two harts for supporters. The Earl of Lin-
lithgow's crest is a demi-savage holding a batton, his lordship's supporters being
two savages with battons. The Earl of Wemyss has for crest a swan, and for sup-
porters two of the same. Supporters might have been as well said to have been
taken from crests, being more ancient in armories than supporters : and I doubt
not but some have been so, for crests have been used in armories before supporters.
But, in a general way of speaking, as to their particular forms, and shapes, crests

EXTERIOR ORNAMENTS. 17

might have been later in families; for every one may alter his crest as he thinks
fit.

The armorial figures within the shield are not all fit to be used for crests, espe-
cially the honourable ordinaries, or such things as cannot stand fixed, or wave with
beauty ; in which case they are necessitated to take other figures tit for that end ;
as the principal family of the name of SitWAKT and its branches, carrying only a
fesse cheque, took other figures for their crests ; as John Earl of Cakrick before
mentioned, he and his predecessors had demi-lions, or lions' heads for their crest :
The Stewarts Earls of Lennox a bull's head: Stewarts Earls of Athol a wolf's
head, because many such creatures were in that country ; and the SrEWARrs Earls
of BucHAN, a garb, the armorial figure of that kingdom; and tiie Stewarts Earls
of Galloway and Murray have but one figure for their crest, viz. a pelican feed-
ing her young, but with difierent mottos ; and the Stewarts of Ochiltree, for crest,
a civet cat.

I shall here mention the two seals of Robert Duke of Albany, Earl of Fife and
Monteith, brother to King Robert II. which I have seen. Tlie first of them was
appended to a precept of his to the abbacy of Melrose 26th of May 1399, befiire he
was made a Duke. The shield of this seal was coucbe, charged with a fesse cheque,
and surmounted with a lion rampant, and timbred with a helmet standing forward
and open, adorned with a capeline, and upon it a wreath cheque of three tracts,
out of which, for crest, issueth a wolf's head and neck with an arrow s-ticking in
it, and holding in his mouth a rose. This achievement was supported by two
Y\ons seiant &nCi gardant. His other seal, when Duke of Albany, was supported
and timbred as the former, with this alteration only within the shield, tliat it was
quartered first and fourth, a lion rampant ; second and third, a fesse cheque, with
such a wreath as the former with the crest upon it, which does readily show to
whom the crest belongs.

Noblemen of old, in the solemnities of riding, of parliaments, creation of nobility,
and other solemn meetings and processions, were in use to have their badges, be-
ing their crests, embossed, or wrought out in plate of gold or silver, and placed
upon their servants' coats or mantles, being of silk : And since these solemnities
are in desuetude, their crests are placed on their silver plates, with the wreath
and motto, by which silver plates or seals it is known to what family they belong,
though their shield of arms be not there placed. Also the descendants of noble
famihes carry the crest of their chief, which they have right to do, as well as their
arms, but cannot be so well distinguished by tliese badges without some mark re-
lative to their descent ; and, they not being willing to add such marks of cadency
to their crests, as Sir George Mackenzie observes, they choosed rather to carry dif-
ferent crests, which is the reason we see so many, vai'ious crests carried by gentle-
men of one name and family. I am of opinion the vai'iety of crests might have
been prevented, and may be for the future, by placing their marks of caden-
cy on the crests of their families from which they are descended, and which has
been formerly practised by some, and especially by the princes of the blood royal,
kings' children, brothers, uncles^ and nephews, in Scotland, England, and France,
who not only carry the royal arms, but their crests, with their marks of filiation ;
and even the natural sons of kings do the same, having their marks of illegitima-
tion, or placing them on their crests.

No other subject of whatsoever quality is allowed to carry the crest of a sove-
reign prince without licence from him. Thomas Mowbray Duke of Norfolk,
Earl rvlar^hal of England, by concession of Richard II. of England, carried the
crest of England. Howard Duke of Norfolk, as descended of a daughter and
heir of the foresaid Mowbray Duke of Norfolk, carried the royal arms marshalled
■with his paternal; and for crest that of England a \:\on passant gardant ^ules, gorg-
ed with a ducal crown, which descended to his successor Thomas Duke of Norfolk,
and his son Henry Earl of Surrey, who w^re arraigned for treason upon several ar-
ticles ; one of which was for quartering and using arms which belonged to the king
and prince, which the Earl justifying that they pertained to his ancestors, by the
records of the Herald Office, nevertheless was found guilty, and executed on ToWer-
hill, by order of Henry VIII. of England ; as Sandford, in his Genealogical History.
This family afterv.-ards being reponed to fortune and honours, carried the foresaid '

i8 EXTERIOR ORNAMENTS.

royal ensign, and all the noble branches of that family cany them also ; as ire
Guillim's Display of Heraldry.

John Duke of Lauderdale obtained a special warrant from King Charles II. to
bear the crest of Scotland, with a flower-de-luce in the sinister paw of the lion, in
place of the sceptre : And others before him, for special services to the king and king-
dom, have been rewarded with pieces of the sovereign's achievementtobe their ciests ;
as John Ramsay Viscount of Haddington, and Earl of Holderness in England,
carried, by royal permission, for his crest, the device of Scotland, viz. a thistle vertr
ensigned with an imperial crown or : And the honourable family of Cunningham
Earls of Glencairn have been in use, for a long time, to carry for crest an uni-
corn's head couped argent, horned and maned or, being the head of the royal sup-
porter of Scotland. As also Home of Wedderburn, for his frequent services against
the English, carries the same, with the addition of being gorged with an open
crown, as in the royal achievement, as may be seen on the church of Dunglass
(if they have not been of late defaced) whereof he the said Wedderburn. was a
founder, with the Earl of Home's progenitors ; as also on the frontispiece of the
House of Wedderburn, and on a seal of arms in custody of his progenitor Sir David
Home of Wedderburn, appended to a discharge of his to Sir Alexander Home of
that Ilk, the 27th of January 1443.

The Barons of Craigmiller, of the name of Preston, were in use of old to have
for crest an unicorn's head and neck gorged with an open crown, and issuing out
of a ducal one in place of a wreath ; which is still to be seen on the gate of ths
House of Craigmiller, timbring the arms of Preston.

These then that have not their crests from any part of the sovereign achieve-
ment, or their own, take other figures that best pleases the assumers.

Some, to show their alliance to honourable families, do take for crest that which
best fits their design ; as that used by the Earl of Strathmore, being the bust of
a lady, holding in her right hand the thistle of Scotland, and surroimded with a
circle of laurel, in memory that one of the family married King Robert II. his
daughter, of whom they are descended.

Bethune of Baltbur, upon the account of marrying with the heiress of Balfour of
that Ilk, not only quarters the Balfour's arms with their own, but also used their
crest, viz. an otter's head erased.

Crests are sometimes assumed to perpetuate some eminent action done by their
progenitors or themselves. Dalziel Earl of Carnwath hath, for crest, a sword in
pale, to perpetuate a martial deed of one of his progenitors ; of which story be-
fore.

The Lord Somzrville has had for crest, of old, a monstrous creature like a dra-
gon, spouting out fire before and behind, standing on a wheel, upon the account
(as the story goes) that John Somerville Baron of Linton in Teviotdale, (one of the
progenitors of this noble family) in the reign of King William, killed a monstrous
destructive creature in Teviotdale, by a little fiery wheel at the end of a spear ;
and which crest has continued still in the family.

The crest of Kikrpatricil of Closeburn is a hand couped, holding a bloody dagger
in pale, upon the account that his progenitor Roger Kirkpatrick, who stood early
tor the interest of Robert the Bruce, killed dead his enemy John Cumin, to-named
Red, in Dumfries church ; and using a motto relative thereto, /'// make sicker.

Sir William Scott of Thirlstane, baronet, or, a bend azure, charged with a mullet
pierced betwixt two crescents of ths first, within a double tressure flowered and
counter-flowered of the second. Which arms are timbred with helmet and mant-
lings ; and upon a wreath of his tinctures has for crest a mural crown, and issuing
thereout six horsemen's banners or spears, with pennons thereat, three and three
disposed in saltier, with the motto. Ready ay ready, with suitable supporters, as in
the 15th Plate of Achievements, Vol. I.

King James V. was pleased to honour John Scott of Thirlstane, a gentleman of
entire loyalty, for his frequent and ready services to his Majesty, with a special
concession of a part of the royal ensign, the double tressure, and other suitable
figures, to adorn his armorial bearing, which I have seen under his Majesty's
hand, and the subscription of Sir Thomas Erskine of Brechin, secretary, which I
have caused insert in the First Volume of this System, page 97. And a genea-
1

EXTERIOR ORNAMENTS. 19

logical account of this family is to be seen in the Appendix annexed to this vo-
lume.

Sometimes crests are taken to represent the offices and employments of the
bearers.

The chancellors of France adorn their arms ordinarily with the proper crest of
office, being the figure of a woman representing France, holding by lier right hand
'a sceptre, and by the left the great seal of the kingdom.

The old Earls of Dunbar and March, who were hereditary keepers and wardens
of the marches of Scotland and England, from which they had the title of March,
had always, for crest, a horse-head bridled, to show their readinesss in prosecuting
out-fang and in-fang theft. The Lords Johnsxons, now Mafquis of Annandale,
as wardens of the West Marches of Scotland with England, took, for, crest a spur
with wings, to show their readiness. And in Annandale, Jardine of Applegirth,
an ancient Family, who joined with the Johnstons, has a spur-rowel for crest.
Others in civil employments have, for crest, the chief instruments of their trades,
as writing-pens carried by clerks and writers, to show their rise by these employ-
ments; of such I have given several instances in the First Volume of this System
from the Lyon K.egi:,ter.

Crests are sometimes assumed as relative to the name and designation of the
assumers. Cock.b'j.in of that Ilk, a cock; Craw of Heugh-head, a craw; Roch-
HEADS of Craigleith and Innerleith, the head of a man in profile all rough or
hairy: And such practice is used abroad by the Ursini in Italy, who carry a demi-
bear for crest, in allusion to the name : And some have crests relative to their de-
signation, as by the Scotts Earls of Buccleugh, and by the present dutchess, a
buck's head erased, proper ; and Ross Lord Ross of Halkhead, a falcon's head
erased, relative to his title.

Such as change their arms upon just and honourable grounds retain ordinarily a
figure of their old arms for their crest, to show their descent from the original
house. Thus the Dukes of Brunswick, now known by the title of Prince Elector
of Hakover, carried the wild horse for their crests in their old arms for West-
phaha: But now, as I showed before, since King of Great Britain, ingrafts by way
of ente the Westphalia horse in the arms of Great Britain.

The Counts of Thoilouse carried anciently a sheep, which they use now for
their crest, having got new arms, viz. gules, a cross clechi, vitide, and poniette or.

The family of Colonnta, which formerly earned a mermaid for their arms, has
now a pillar, and the old figure, the mermaid, for their crest.

The Bruges of Skelton, in England, carried for arms argent, a lion rampant
azure; and, when one of the family married the heiress of Annandale in Scotland,
laid aside his paternal coat, and carried only those of his lady, viz. or, a saltier and
chi&i gules, but retained the old figure, the lion, for a crest; as by Bruce Earl of
Elgin, and many ancient families of that name with us, who have the lion, the
old figure of the name, for crest.

Stewart Earl of Traqliair, to show his descent, has a garb for crest, as come
of the Stewarts Earls of Buchan; and some, to show their maternal descent, take a
figure from their maternal coat for crest ; as Seaton of Touch has a boar's head
couped or, (the figure of Gordon) being descended of Sir Alexander Seaton, and
his lady the heiress of Gordon of that Ilk. And the same practice is in England,
where Sturton Lord Sturton has for crest a monk in a Franciscan habit, holding
in his right hand a scourge, or whip, carried formerly by the surname of Monk,
whose heiress one of the progenitors of the Lord Sturton married ; and from them
descended the family of Sturton.

Though these instances make crests to appear to be hereditary and necessary to
all the descendants, as well as arms, yet this science and its rules, by the practice
of all nations, has allowed a freedom to change their crests, and alter them after
the fancy and circumstances of the bearers, being but an ornament of coats of
arms, and so more of the nature of a device than a fixed settled piece of hereditary
armorial bearings. Hence it is we see so many families of one stock and name
use different crests, to show their inclinations upon several accounts, as before
mentioned.

Vol. II. K k

20 EXTERIOR ORNAMENTS.

We find, as before observed, that most part of crests used by the ancient heroes,
and since by knights in their exercises, in tournaments, and other festivals, from
which the use of timbring arms proceeded, were nothmg anciently but the devices
and marks of gallantry and love, as Faulus Jovius tells us; who likewise says,
" That when Charles VIII. and Lewis XII. of France marched into Italy with
" glorious armies, the French officers being then fond of devices, and to distinguish
'■ their companies, adorned ensigns and banners with such ; which amused the
" Italians, who fell in love with such figures, and afterwards improved them to
" greater perfection than any other nation, under certain nice rales and prescrip-
" tions ; and so laid the foundation of the curious science of devices, in which they
" excel." I am not to treat of that science here, being out of my road, but of
armorial mnttos v/hich adorn arms.

C H A P. VI. ,

or MOTTOS, CRIES OF WAR, AND DEVICES.

THESE three are often taken for one another in this science, and all called
devices; but to distipguish them, I shall treat of them separately in this chap-
ter, and here to speak briefly of them.

Mottos and cries of ixar consist of a word or words without any figure; and the
device here mentioned is a figure without a word, being a representation and em-
blem, or hieroglyphic, painted to express something that is to be kept in mind;
and these were much in use among the Egyptians, and other ancient nations.
The word without a figure, and the figure without a .word, are looked upon as
imperfect devices; but when the word and figure are joined together, making an
allusion, to show the inclination and humours of the assumers, or of something
done, or to be done, though they be not easily understood by the vulgar, ars
perfect devices, consisting of a body (the figure) and soul (the word), as heralds
say.

These were much used in former ages, and in later times they are more used,
with the addition of a motto to explain the signification. Great and curious men
have been in use to have them embroidered or painted on their furniture of military
and civil dignities, and on their seals accompanying their armorial achievements,
for which heralds reckon them amongst the ornaments of armories ; so that I shall
treat of them separately here, with some few remarkable instances, which will not,
I liope, be disagreeable to the reader.

Motto is an Italian word signifying verhum, that is the word or saying which
gentlemen carry in a scroll under or above their arms; it is likewise Latined dictum,
a saying, from whence comes our old word ditton; as in our ancient books of
blazon of arms. Camden, for motto, says inscriptio ; and some calls it epigraplj,
because mottos are often of many words, which make proverbs, witty and religious
sentences, most frequently relative and explanatory to the name and arms of the
owners, and may be used by any person who has right to carry arms.

When they have no relation to the name and aims of the owners, nor to the
crests, they are then proper mottos, and cannot be called devices; of which I shall
add a few instances. The family of Bourbon, in France, has the word Esperaiice,
Hope; the House of Nevers, Fides: With us the Duke of Gordon has, for motto,
Bydand; the Duke of Argyle, Ne obliviscaris ; the Marquis of Tweeddale, Spare
naught; Dundas of that Ilk, Kssayez; Innes of that Ilk, Betraist; Home of Wed-
derburn, the word Remember; and so of many others such like instances that have
no relation to the name, or any part of the arms of the bearer, are to be found in
our old records of the arms of the nobility and gentry, who have made choice of
these mottos, to express their predominant passions, either of piety, love, or war,
or upon some adventure befallen them ; and those short expressions having had
aome such original, have been made hereditary in many families.

However, mottos for the most part are relative to some part of the achievement,
and especially to the crest; and from them arises a comparison, the one explaining
the other, and so make a proper device; as by these following instances. The an-

EXTERIOR ORNAMENTS. ;i

cient motto of the Earls of Sutherxand, IVithout fear, speaks to the crest, a wild
cat sitting.

yirescil vtilnere virtus, the motto or ditton of S thwart Earl of Galloway, is re-
lative to the crest, a pelican vulnered feeding her young in a nest, proper; which
figure is an emblem of our Saviour: And the same figure, for crest, the SrEWARrs
Earls of Murray use, with the motto, Sulus per Christum redemptorem. The Mar-
quis of Seaforth's crest is a mountain in flames, with the motto, Luceo, non uro, I
shine and not burn ; which ditton is used by Mackenzie Earl of Cromarty, and
applied to his crest, the sun in his splendor.

The motto Dyead God, relative to a hand holding a thunderbolt, by Carnegic
Earl of SouTHESK.

Gray Lord Gray has, for crest, an anchor, proper; with the motto, Anchor, fast
anchor.

Elphinston Lord Balmerino's crest, a dove ardent, crowned or, its feet en-
vironed with a snake, proper; motto, Prudentia fraudis nescia. Honesty knows no
guile.

M'Kay Lord Rae has the words Manuforti, By the hand of a strong man; and,
for the figure, a hand holding a sword, proper.

Arbuthnot Viscount of Arbuthnot has the words Laus Dea; to his crest, a
peacock's head and neck, proper: ARBUrHSioT of Eiddes to a peacock passant,
proper, has these words, Tarn interna quam externa, to intimate that he desires to
be both beautiful within and without: And Arbutilntot of Findowrie, lias for motto.
Interna prestant, to the same figure.

In cruce sains, a frequent motto used upon account of religion, as by those of
the name of Abercromby, with a cross for tlie figure : But Abercromby of Glass-
haugh has for motto, 1/ive ut vivas. Live that ye may live, relative to a bee volant,
proper: And the same figure, the bee, has Beatson of Kilrie for crest; with the
motto. Cum prudentia sfdulus: Ayton of that Ilk, in Fife, a hand pulling a rose,
proper; with the motto, Decerpta dabuiit odorem, as other families of that name.

Douglas of Caver's motto, Do or die; crest, a dexter hand holding a broken
lance in bend. Di^ummond of Hawthornden's crest, a pegasus, proper, maned and
winged or; with the motto, Hos gloria reddit honores.

Drummond of Blair, for crest, a nest of young ravens, proper: motto, Beus pro-
videbit, God will provide.

Drummond of Innermay's crest, a hand holding a flaming heart ; with the motto,
Loyal an mort.

Many more such instances I could give, but refer the reader to tlie sculptures
in the plates of the First and Second Volume of this System; and shall add more
instances upon different accounts.

All Europe over some mottos are assumed to relate to the name of the bearers.

The family of Campi, in Placenza, have the words of the xcvi. Psalm, Gaude-
bunt campi, et omnia quie in lis sunt, i. e. Let the fields be joyful, and all that is
therein.

The family of My-pont, in Burgundy, has for motto, Mv-pont difficile a passer,
i. e. My bridge is hard to be passed.

Vere Earl of Oxford, in England, had for motto, Vero nihil verius, i. e. Nothing
truer than l^'ere; said by some to have been pronounced by Queen Edizabeth in
commendation of the loyalty of that family.

Conqueror of Frierton has the word I'ictoria, i. e. Victory, relative to his
name.

Calder of Liniger, Vigilans non cadet.

Mottos are assumed also to show the origin of the bearers, either from the father
or mother's side; As the M'Intoshes of that Ilk, Captains of Clan-Chatton, have,
for crest, a cat salient, proper; with the motto. Touch not the cat but in glove; as
descended from the Catti, by the mother's side, a German people, who came to
Scotland, and said to have carried the said figure: And tlie Maci'hersons, as a
branch of the Clan-Chattons, have the same crest and motto; for which see Ap-
pendix, page 44.

Stewart of Phisgall, as descended of John Stewart, who married the heiress of
Bonkill, in the shire of Berwick, and had buckles for her armorial figure, has, for

aa EXTERIOR ORNAMENTS.

crest, a demi-lion, holding in his dexter paw a buckle or; with the motto, Suffibu-
lattis majores setjiior.

Balnaves of Carnbody has, for crest, a hand holding a football; with the motto,
Hinc origo, i. e. From thence my rise: because the first of this name (being for-
merly called Naves) playing at the football before the king, who cried, Well balled
Naves, took the surname Balnaves.

Mottos do also perpetuate great and glorious actions of a family ; as that crest
and motto of the Scrymceours of Dudop, a lion's paw, holding a sword, proper:
motto. Dissipate ; from one of the ancestors of this family, who defeat the kings'
enemies. See Appendix.

Some families of the name of Crawfurd have, for motto, Tutum te robore redclam,
i. e. I'll save thee by strengtli ; to perpetuate the seasonable action of one of the
progenitors of the name, who opportunely relieved King David I. when dismount-
ed from his horse by the stroke of a deer, when hunting near Edinburgh, where the
abbey of Holyroodhouse now stands; and a deer's head, with a cross betwixt his
horns, became the ensign of that abbacy, and all the baronies belonging to it, as
the Canongate, S^c. As also the armorial figure of the Crawfurds descended
from the above Crawfurd.

Crawfurd of Jordanhill, descended of Captain Thomas Crawfurd, a younger son
of Crawfurd of Kilbirnie, (which family carries a fesse ermine for arms) who sur-
prised and took in the impregnable castle of Dumbarton, the 2d of April 1571,
took, for crest, a castle; with the motto, Expugjiavi.

Alexander Earl of Stirling, having planted Nova Scotia, took, for motto. Per
mare et terras.

Ramsay Viscount of Haddington, upon his happy rescuing King James VI.
from the bad attempts of the Earl of Gowrie, and his brother, whom Ramsay killed,
took, for motto, Hcec dextra vindex principis et patria.

Ogilvie of Barras, who had a main hand in the preservation of the regalia of
Scotland, till King Charles II. his Restoration, took then, for motto, Praclarum
regi et regno servitium.

Mottos are sometimes taken to perpetuate events and accidents of famihes : Thus
the Lord Maxwell, being forfeited, and thereafter restored, took, for motto, Re-
viresco, I stand in awe to otfend. Mackenzie's Heraldry.

Mr David Watson of Sauchton having recovered these lands by purchase, after
they had been sold by his progenitors upwards of a hundred years, upon recovery
of them, took, for motto, Insperata floruit, relative to a branch sprouting out of an
old stock of a tree, his crest.

Mottos are also assumed to show offices and employments: Thus the Lord John-
ston, of old, when Warden of the West Marches, had these words. Light thieves all ;
that is, Light from your horses, and render yourselves; and since dignified with
the title of Earl of Annandale, the family use, for motto, Nunquam non paratus, i. e.
Always ready.

These of the name of Forrester have ordinarily, for motto. Blow Hunter thy honi.
Severals who have risen to honour and fortune by their employments, such as no-
taries and writers, as I have observed before, have taken writing-pens for their
crest, and mottos apposite thereto, to show their fidelity and sedulity in their em-
ployments: As Mr Robert Alexander of Boghall took, for motto, Fide7n serva:
And Sir James Elphinston of Craighouse, Sedulitate.

Some mottos relate neither to the crests nor figures within the shield, but to the
supporters ; As that of the House of Buccleugh have the word Amo ; their sup-
porters, two women in rich apparel.

The Earl of Rothes's motto Grip fast, alludes to his supporters, two griffins.

Carnegie Earl of Northesk has, for supporters, two leopards spotted, proper;
and, for motto, Tache sans tache.

The mottos relative to crests are placed above them upon escrols, which sur-
mount the achievement ; when they relate or speak to supporters, they should be
placed upon the compartment on which the supporters stand; which the reader
may see in the sculptures of achievements in the. First and Second Volumes of this
System, of which I shall mention an example, the achievement of Sir John Lauder
of Fountainhall, one of the Senators of the College of Justice, who has, for crest, a

EXTERIOR ORNAMENT.-^. 23

tower argent, masoned sabU\ and a man looking over the embattlcracnts; and, for
motto, relative to it, upon an escrol, Tunis prudctitia custos; and below the achieve-
ment, upon the compartment, on which stand the supporters, these words, Ut mi-
graturus hahita.

When there are three mottos, or more, they are disposed about the parts of the
achievement to which they relate; as those which adorned the achievements of the
Earl of Winton's crest, a dragon, proper, spouting out fire; and above it an escrol,
with the motto. Hazard zit fordwnrd: And upon another escrol, which passes over
the middle of the supporters, and behind the middle of the shield, are these words,
(relative to the blazmg star in svntont) Intaminatis ftilget homribiis; and, on the
compartment, whereupon stands the supporters, (as relative to them) luvia virti/ti
via nulla; as in the Plate of Achievements, Vol. I.

The Spaniards have another method of placing their mottos within the shield,
bordure-ways, of which I have seen severals, and shall here mention only that of
the Archbishop of Tarragon in Spai.'i, whose name was John Tereys, who car-
ried, for arms, a lion rampant holdmg a cross; and round the lion were these words,
for his device, Hiijus virtute omnia.

The Popes do the same on their seals of lead, where, on the one side, are the
heads of St Peter and St Paul offronte ; and, on the other side, a shield quarterly ;
in the first quarter, the words Sanctus Petrus, .in the second, Sanctus Paulus; and
in the other two quarters the names of the present Pope; and round these quarters,
bordure-ways, the device of the present Pope, being ordinarily a short sentence or
vei-se taken from the Scripture when he is elected.

Having treated I think sufficiently of mottos and devices as private epigraphs, 1
shall proceed to public ones, viz. cries of 'war.

Cries of War were well known of old by the ancients, and much in request, 1
may say, by all nations; by the French called cris de guerre, and with us called
slughorns. These have a great affinity with mottos and devices, and many times
are taken for one another; so that the cry has become mottos to ancient families.

Cries of war consist ordinarily of three or four words, called by the Italian Syl-
vester Petra Sancta, cLunor miHtaris. It belonged anciently to none but to so-
vereign princes, dukes, earls, great barons, and chiefs of potent famihes, who had
the command of troops of men ; by which cry they gathered them, led them on to
battle, and, when distressed or put to confusion, did rally them.

Menestrier says, " That those who had right to carry a banner w ith the cry of
" war, were taken for great gentlemen, who used them not only in real fights,
" but in tournaments, where the heralds not only blazoned their arms, but pro-
" claimed their cries before them that they might be known j as in xh& formula of
" the tournaments of Shovanncy in the year 1282."

These cries are either taken from the name of the chief commander of troops,
from the place where they are to meet and rendezvous, or from the figure on the
banner or standard.

As for the first, the cry of the family of Bourbon, w"as Bourbon; and other great
families besides the name added some eulogium, to show their best qualities; as
the cry of the Counts of H.aikault, Hainault the Noble; the Duke of ]\1ilan,
Milan the J'aliant ; and the King of Armenia, cried Armenia the Noble King. With
us the cry of the old Earls of Douglas was, A Douglas, a Douglas, which was very
formidable to their enemies who had found their valour.

Cries from the place of rendezvousing were frequent with us ; as that of the
Homes. A Rome, A Home, intimating the meeting at Home Castle ; the Macken-
ziES have for cry, Tullochdar; the Clan-Chattons, Craig-gow, or Craig-owie; and
the Gr.^nts, Ci aig-ellachie, &-c. which were cries taken from the places where those
clans do rendezvous, and proclaimed through their countries by such as were ap-
pointed carrying a cross of wood burnt at the end, called "n fiery cross; upon which
all the vassals and dependents met at the respective places of their clans ; and
the cry continued in their expeditions, and in action to distinguish their different
troops.

Cries or w.ir have been taken from the names of patron saints ; as the kings of
Scotland had St Andrew ; the Kings of England, St George ; the Dukes of A.n-
jou cried St Maurice; and the Kings of France Montjoye St Dennis. Severals have

Vol. 11. L 1

^4 EXTERIOR ORNAMENTS.

endeavoured to explain this cry ; some calling it a joy, as Moult Joy ; some Latin
it, vieum gaudium ; others, as Matthew Paris, montis gaitdhm.

'Menestrier, in his Treatise of Exterior Ornaments, calls it a cry of rallying, and
signifies nothing but the standard of St Dennis, which the ancient kings of France
did carry in their wars ; and montjoye, in old French, signified a mount or heap ot~
stones gathered together, for directing the high-ways from place to place, with
crosses set upon them, especially in the way from Paris to St Dennis, and are still
called the montjays of St Dennis ; so that the cry of France signifies nothing but
the banner of St Dennis, after which the army marched, and to it rallied. The
Dukes of Burgundy, who had the image of St Andrew on his cross upon their
ensigns, cried also, montjoye St Andrew ; and the Dukes of Bourbon, who had the
image of St Mary on their ensigns, cried, montjoye notre da?ne.

This author, in his former treatise, gives us several sorts of cries of war, of which
1 shall mention a few. First, These of resolution, assumed by those who undertook
I he holy war, cried Dicu le veut, i. e. God willeth it. Cries of invocation, such as
that of the Lords of Montmorencv, Dieu aide au premier Crestien, i. e. God assist
the first Christian, upon account the family was the first Christian one in
France. Ashmole, on the Institutions of the Garter, says, " That the kings of
•' England cried, montjoye notre dame St George, having the images of the Virgin
•' Mary and St George on their standards." This author likewise observes in the
fore-mentioned book, page 189, " That Edward III. of England, at a skirmish
" near Calais 1349, had for his cry, ha St Edward, (meaning the Confessor) ha
" St George.

Menestrier gives us cries of exhortation ; as that of the emperor's, a dextre et a
sinistre, to exhort the soldiers to fight valiantly on the right and left hand. For
cries of rallying, he gives that of the Counts of Flanders, au lion, for the soldiers
to follow or rally to the standard, upon which was the lion of Flanders. And our
author says, that montjoye St Dennis was just another. And Barry, a French he-
rald, observes, all the great men in France had for their cries, montjoye, who carried
flower-de-luces. And hence the word montjoye is become the name of the princi-
pal Herald of France.

Cries of wars are ordinarily placed as mottos upon escrols above the crest ; as
that of France, at this time, is placed over the pavilion of the arms of France ;
as also that of the Dukes of Lennox, avant Darnly, ever since the old cry became
the motto of the family. Many old families with us and abroad use their old cries
in place of mottos, having no use for them of late, the way of fighting being al-
tered; so that now they are only marks of greatness and power, and continued
for the antiquity and honour of families. So much then for the devices which
consist only of words. I shall proceed to devices of figures, which have no word or
words, many of them being initial letters of the name, and others of them figures,
with pious sentences added to explain them.

Sovereigns have been for a long time, and are yet in use to place at the sides of
their shields of arms, on their coins, the initial letters of their names; as our kings
of the name of James had J. R. at the sides of their shields ; Queen Mary M. R.
and for Charles C. R. The kings of France of the name of Charles had the let-
ter K,. at the side of their shields ; and the four Henrys had the letter H. and
these of the name of Lewis the letter L.; which letters were ensigned with crowns.

The family of the Hotmans in Paris, place the letter H. on the collars of their
supporters, being lions.

The ancient device of the house of Guise, was an A. within a circle, which, as
Menestrier says, signifies, chacun a son tour, i. e. every one to his turn. The let-
ter P. the Mark of the Pope, and that letter surmounted with a saltier cross,
the mark of a martyr, as pro Christo. The superscription which Pilate caused
place upon the cross of the Holy Jesus, was the device of Constantine the Em-
peror upon his signs and banners, as Menestrier.

The device of the Order of the Jesuits consists of the letters J. H. S. Jesus
bominum salvntor ; and when the addition of the three passion-nails, and a cross
are added to them, they are then the complete ensign of that society.

The Emperor Frederick III. took for his device the five vowels of the alphabet,
\, E, I, O, U, interpreted, Jquila est imperium orbis uaiversa-.

KXTERIOR ORNx\.MENTS. 2^

The device of Savoy consists of four letters, F, E, R, T, which, by some, signi-
fies, Fortitudo ejus Rhodum teni/it, i. e. liis bravery preserved Rhodes. Others say
these letters import, that his motto or cry was, J'rapprz, entrez, rompez tout, i. e.
beat, enter, break all, which Amadeus of Savoy took with the white cross for hi'^
device when he assisted the knights of Rhodes against the Turks.

The family of Felix, in Piedmont, have for their device three F's, to signify,
Felices fuerunt fideles, i. e. the Felices were faithful, because they stood tirm and
loyal for Amadeus Count of Savoy, anno, 11.^1, when all Piedmont revolted from
the Count except the town of Rivoli, in which the family was the most consider,-
able;.

Devices which consist only of figures without words, are the same with the
hieroglyphics and emblems used by tlie ancients, of old, to signify their minds, con-
ceptions, and intentions ; and from such came orriginally crests,, and other armorial
figures placed on the shield above, or at the side of it, some being temporary, and
others of a longer duration.

The thistle, an old device carried by the Kings of Scotland, and after assumed
by the Dukes of Bourbon, in France, the foses in England by the houses of Yok.k.
and Lancaster, the fusile by the Dukes of Burgundy, the porcupine and salaman-
der by the Kings of Fr..\nce, weie properly their devices ; whose intentions and
significations at first were not well known, till afterwards opposite words and sen-
tences were applied to them, and were ordinarily, placed at the sides or below the
shield : as the caltrapes of the Earls of Perth,, the salamander of Dundas of that
Ilk, the thistle and rose in his Majesty's achievement issuing out of the compart-
ment, the known devices of Scotland and England united in the person of King
James VI. Before which time, Henry VII. of England, representer of the House
of Lancaster, joined the red rose of Lancaster with the white one of the House of
York, and placed them below his shield of arms issuing out of the compartment,
to show the incorporate union of these two families, by his marrying Elizabeth the
heiress of York ; so that the device of England was then a rose parted per pale, ^ules
and argent. This king had also at the side of his shield of arms, for a device, a
portcullis, to show his descent by his mother fi-om the family of Beaufort ; to
which he added these words. Altera securitasy meaning thereby, tliat as the port-
cullis, the device of the Duke of Somerset, the eldest son by the third wife of
John of Gaunt Duke of Lancaster, fourth son of Edward III. is an additional se-
curity to a gate or porch of a fort, so his descent from his mother strengthened his
other title ; and from this device he instituted a pursuivant by the name of Portcullis.

The portcullis has been a device used by our kings since King James I. of that
name in Scotland ; as may be seen on the old buildings and m .dais of our kings'
bouses, since the marriage of the said king with Jane Beaufort, eldest daughter of
John Earl of Somerset, eldest son of John of Gaunt Duke of Lancaster, fourth
son of Edward III. and righteous heiress of the House of Lancaster; as Sir George
Mackenzie observes in his discourse concerning the three unions, page 25. to show
their maternal descent from the royal family of England.

Since 1 have fallen in v«th the devices of the royal family of England, which
were very frequent upon the pretension of the Houses of York and Lancaster to
that crown, I hope my reader will not be offended (since they adorned their
achievement with such devices, which obscurely intimate their intents and de-
signs) to give a short account of them witli tlieir several accessions to the crown.

The tore-mentioned John of Gaunt, Duke of Lancaster (in the reign of Richard
II. who had no issue) pretended a right to the crown, and that before the house
of York ; He placed at each side of his achievement an eagle standing on a pad-
lock, essaying to open t^e same, intimating, that by the king of birds he would,
force oft his fetters of subjection; for which see Sandford's Genealogical History of
England, who gives us his arms in sculpture, with that device adorning his achieve-
ment. His son and successor Henry (surnamed Bolingbroke, from the place he
was born) Duke of Lancaster, before lie usurped the crown, under the title of
Henry IV. in a combat (allowed by Kin- Richard IL) with Mowbray Duke of
Norfolk, appeared in his armorial hereditary ensigns, with devices accompanying
them being swans and antelopes. The Duke of Norfolk, on the other hand,' ap-
peared with his armorial ensigns, being lions and mulberry trees as rebuses to t!ir

zb EXTERIOR ORNAMENTS.

name of Mowbray ; which hving creatures became the supporters of the descendants
of these families. And here it may be observed, that the word lebuses is used,
when a coat of arms or crest alludes to the name of the bearer, which the French
call parlantcs, and the English, canting arms.

Edmond Duke of York-, fifth son of King Edward III. upon his brother John
Duke of Lancaster's aspiring to the crown, took a figui'e for device, resembling that
of his brother's viz. a falcon in a fetter-lock, implying, that he was shut up from
his right to the crown. He observing his sons viewing it one day, asked them,
what was Latin for a. fetter-lock? who returning no answer, he said, /.?/<: bcec hoc tace-
atis, advising them to be silent, for God knows what may come to pass. Which
story his grandson King Edward IV. reported, and (as Sandford in his history) com-
manded his younger son, Richard Duke of York to use that device, with the fet-
ter lock opened ; and Camden, in his Remains, page 215. says the same.

Edward IV. the first of the house of York that ascended the throne of England,
to show his right and descent to the crown, used several devices ; as the white
lion of the Earl of March, in whose right, by descent, he pretended to the crown ;
as also by the line of the Burghs, Earls of Ulster, who have sometmies used a dragon
seiant sable, crowned or, the cognizance of that family ; neither did he omit the
device of the house of Clare, viz. a bull sable hoofed and horned or, with these
words, ex honore de Clare, upon the account that Elizabeth, one of the co-heirs of
Clare and earldom of Gloucester, was wife to John de Burgh, and mother of Wil-
liam Earl of Ulster : and to complete the four probative proofs of his noble des-
cent, he used also a white hart attired, accoUed and unguled or, standing on a mount
vert, with the words, ex rege Ricardo, which was the device of Richard II. taken
from that of his mother Princess Jean of Kent. This King Richard, anno 1387,
nominated Roger Mortimer, his successor, who was grandfather to King Ed-
ward IV.

Richard III. of the family of York had a boar for his device, and was the last
king of the House of York.

Henry VII. of the House of Lancaster, married the heiress of the House of York;
so that the red and white roses (as before) were united, to show the union of these
two houses; and besides he had a red dragon for a device, which was used by Cad-
wallader the last king of the Britons, from whom, by masculine line, he derived
his pedigree ; and from this device the king made a pursuivant, called Rouge Dra-
gon.

Henry VIII. of England, son of Henry VII. bad for his device a greyhound
collared. and courant, to show his descent from his mother, being one of the de-
vices of the House of York ; and used also a red rose, a flower-de-luce, and a gol-
den portcullis, which Sandford calls his hereditary devices or badges.

His daughter Mary Queen of England had a red and white rose with a pome-
granate knit together, to show her descent from Lancaster and Spain. But our au-
thor tells us, that afterwards the English wits began to imitate the French and Ita-
lians in their devices, by adding regular mottos, to show some temporary emer-
gents ; and instances that of Henry VIII. who, upon the interview he had in France
with Francis I. and the Emperor Charles V. as arbitrator in accommodating some
difference betwixt them, took, for device, or impress, an English archer in a green
coi'.t, drawing his arrow to the head, with the inscription Cui adhero praest, i, e.
He to whom I adhere will prevail.

But these temporary devices or impresses being the subject of another science,
[ shaU go no further into them, and advertise my reader that those I have men-
tioned of a longer duration, as hereditary cognizances of a high descent, adorn
the achievements of noble families, and frequently become the supporters of
these various ones which attended those royal achievements of England 1 have
mentioned.

EXTERIOR ORNAMENTS. 27

CHAP.- VII.

OF Sl'PPORTERS.

THESE, as the former Exterior Ornaments which I have been treating of, were
originally only ancient devices, which by custom came to embellish armorial
ensigns, and formully to timbre and support them, from which they are generally
called supporters, and by the Latins sustentacula, from their holding the shield : If
they be of the hgures of angels, men or women, they are called lentnts by the
French, because they' hold the shield of arms in their natural posture; but when
the shield is supported by the figures of other creatures, such as beasts and fowls,
as hons, bears, horses, iic. eagles, griffins, falcons, S^-c. being erect and out of
their natural posture, they are called properly supporters : And those that write in
Latin want not their fancy in calling them atlaiittdes, from the fable of Atlas sup-
porting the world ; as also telamones, because painters represent Teiamon currying
his mistress, called also by architects Co/osses, (I'ru. Hero.) '• Colossi isti &- susten-
" tacula ahquum onus, quasi in sublimi sustinentes, nomen acceperunt ;" for sup-
porting weighty things on high they have their name. But tclainanes may be
said, as some will, to be composed of these two words, tdlus et homines, (the earth
-and men) and understood for giants _/5/« terra.

When inanimate things are placed at the sides of the shield by way of sup-
porters, the English call them cottises, as if the shield were cotised with them ;
which word the English bring from casta the ribs, in Guillim's Display ; but Sir
George Mackenzie more properly from the French Word cote, the side; and for such
things the Latins say, stipaiites latera scuti.

I shall here add what the ingenious gentleman, the author of the new English
Dictionary of Heraldry, printed in the year 1725, says in the title of Supporters:
" Things placed on the sides of the achievements, representing sometimes things
" living, and sometimes dead ; but these of some blazoners are termed supporters,
" whose conceit therein I can hardly approve, quia diversorum diversa est ratio ;
" and, therefore, the blazon that I would give unto things so different in nature, is,
" that if things be living, and seize upon the shield, then shall they be called pro-
" perly supporters, and if they are inanimate, and touch not the escutcheon, then
" shall such arms be said to be not supported, but cottised of such and such things ;
" for, how can those properly be said to support that touch not the thing said to
" be supported by them ? To persons under the degree of bannerets it is not per-
" mitted to bear their arms supported, that honour being peculiar to those that
" are called nobiles miijores. And those cottises have their name agreeable to the
" things whose quaUty they represent, and are so called of costa, the rib, either of
" man or beast ; for it is proper to the rib to inclose the intrails of things animal,
" and to add form and fashion to the body : In like manner do those inclose the
" coat-armour whereunto they are annexed, and do give a comely grace and orna-
" ment to the same. Having heard what is in that word concerning that impor-
" tant part of armory; for the better understanding of it, here shall be added soine-
" thing of what the French heralds, who were masters of the English, say to- this
" purpose. These which we call supporters are no other than certain animals,
" quadrupedes, birds, or reptiles ; as lions, leopards, dogs, unicorns, eagles, grif-
" fins, dragons, and several others placed on the two sides of the escutcheons, as
" if they were appointed to guard it, supporting and liffing it up with their paws or
" claws. Asforthe tenents, which most men have confounded with the supporters, tak-
" ing them for the same thing. I find this difference, that the supporters hold up,
" and the tenents hold, and do not lift up the escutcheon, but hold it under their
" hands; as we often find when they are angels or human creatures, or the like.
" The supporters and tenents are generally taken fi\)iTi some parts of the coat-
" armour, but sometimes are quite different from it, there being nothing to oblige
" them to it."

As for the origin and first use of supporters, as we now see them, there are dif-
ferent opinions : First, as I said in the former chapter of emblems and devices,
they were placed at the sides of the escutcheons by the owners, to show some

Vol. U. M m

28 EXTERIOR ORNAMENTS.

mystical meaning, and so through time became their supporters. But other
eminent heralds brmg the first use of supporters from tournaments and joustings,
and others from the solemnities of creating nobility, of which I shall give a full
account.

Mcnestrier treats of supporters fully, and brings them from tournaments and
joustings, to which, by the laws of exercises, none were admitted but those that
were truly noble, and who were obliged to expose their arms, as proofs of their
nobility, which they then adorned with their helmets, mantlings, wreaths, crests-,
and devices, sometime before the exercise began, to the end that they might the
more easily be known and distinguished in time of battle. And as this was, as I
mentioned before, the first rise of these exterior ornaments, so Menestrier and other
French writers bring from thence the rise and progressive use of supporters. The
knights nobles, qualified for such exercises, had their arms hung up on the barrier
trees, palaces, and pavilions, near to the place of jousting, which were attended by
their armour-bearers and esquires, to the end they might acquaint their masters
what knight gave them a challenge to fight, which was done by touching the
shield. Our author tells us the knights put their armour-bearers, pages, and ser-
vants in such dresses as they fancied, making them sometimes appear hke Sa-
vages, Saracens, Moors, Sirens, and with other odd dresses ; and sometimes under
disguise with the skins of lions, bears, £tc. to guard their shields of arms, and to
give an account of the names and arms of those who gave the challenge, by touch-
ing the shields of their masters.

I shall mention here the formula of a tournament given us by William Segar
Norroy King at Arms in England, in his book of Honour, Military and Civil.
This tournament was holden at Ingueluer in France 1389, which several French
lords and gentlemen occasioned, by giving a challenge to as many Englishmen of
the same quality. A part of the challenge from the French side I shall here add
from our author. " We likewise give you to understand that such order is taken,
" that every one of us shall have a shield of arms and impress, (i. e. device or
" crest) hung on the outside of his pavilion, to the end, if any of you desire to
" run at tilts, then, that the day before, ye may, with a lance, or such weapon
" as you intend to joust with, touch the shield of the defendant ; and who intends
" to try his fortune both with blunt and sharp, must touch the shield with both,
" and signify his name and arms to them that attend, or have their shields in
" keeping."

From these attenders and keepers of their master's shields, heralds bring the first
use of supporters occasioned by such exercises, into which all that were noble or
gentle by father and mother's side were admitted, and had afterwards right to carry
supporters.

I cannot omit to mention a famous tournament proclaimed by the order of King
James IV. of Scotland, through Germany, France, and England, under the title,
In defence of the Savage Knight, to be holden at Edinburgh on the festival of his
Majesty's marriage with Margaret, eldest daughter of Henry VII. of England.
" The fame of which tournament (says Hawthornden in his History of the
" Jameses, and other manuscripts, which I have seen in the lawyers' library)
" brought many foreign lords and knights to Scotland, where challenges were
*' given and received in defence of the Savage Knight, for several days before the
" prefixt day of exercise. The shields of the nobility and gentry of Scotland,
" that designed to joust or tilt, vi'ere hang up on the barrier and other places near
" by, guarded with strong and robust Highlandmcn, in savage dress, whose figures
" afterwards became the supporters of some families who jousted in this tourna-
" ment, though long before this time we had tournaments in Alexander II. his
" reign ; from which time I think supporters began with us, as by ancient seals,
" where savages are placed as supporters at the sides of the shields."

John Baptista Chancellor of Brabant, a learned gentleman in this science, in his
commendable book Jurispnidentia Heroicn, chapter Of Supporters, tells us, " That
" some are of the opinion that their rise and custom of hanging up shields was in
" imitation of the Romans, who, after their return from victory, hanged up
" shields, helmets, and other trophies, which they had taken from their enemies,
" upon trees and public places, to show their valour and conquest."

EXTERIOR ORNAMENTS. 29,

" Others again, says our author, impute the use of supporters to the vanity and
" ambition of men to embellish their arms, and the t-;sst:r(f of their descent, with
" such figures as pleased them, till they were restricted by the laws of nations,
" which allowed them to none but to those who were able to erect a banner ni the
" field; such as hiyh barons, bannerets, and knights,who were allowed the figure
" of any creature they fancied to support their banners; for they could not stand
" properly at the sides of their shields of arras without supporters holding them
" up. Banners are more frequent in Germany than elsewhere." I shall add here
our author's words ; " Sed cum vexilla, hu:c per se subsistere, circa insignia ne-
" quaquam possent, excogitavit industria hominum, vel ambitio tenentes sivc
" sustentantes, quos cum icque atque vexilla ipsa indistincte assumere non eru-
" besceret."

Our author is much for the opinion, as most reasonable, that- supporters had
their rise from tournaments and joustings, as 1 have given them from IVlenestrier
and others ; for which 1 shall here add his own words from the supplement to his
book, page 139. " Alii originem telamonuin venus derivant a certaminibus, ludi-
" cris, seu hastdudiis, in quibus milites suas curabant deferri lanceas is- scuta per
" ephebos &• pedissequos (youths and waiting-men) transformatos in ursos, leones,
" silvestres, ethiopes, & id genus alias formas, ut videre est in antiquis historiis,
" &■ memoriis Oliverii a Marca. Injungebatur his latoribus & pedissequis ut
" campum martium aperirent, afllgerent scuti pendula arboribus aut columnis, in
" viis pubficis, vel locis ad dimicandum assignatis, ut contra prodituri in campum
" tangerent ilia scuta, quibus promiscue ut custodes adstabant, pigmei, gigantes,
" silvestres, sarazeni, monstra, vel homines in forma animalium aderent &- feciales,
" qui nomen inscriberent &- observarent illos, qui eorum scuta tangerent, atque
" exinde nomen tenentium (gallice tenents) conflatum volunt." The import of
which is the same which I brought from Menestrier in the former page, and
needless here to be repeated, to wit, that the rise of supporters came from the
customs of tournaments, in having the shields of the combatants attended by their
esquires and pages in v/hatever dress they would.

Those who were admitted into tournaments and joustings were obliged, to make
a formal proof of their ancient nobility by both descents, paternal and maternal,
before the heralds, who attended for that end ; and then their armorial ensigns
with their crests and other devices were recorded, and formerly exposed with their
pages and servants in several dresses or disguises.

Sir George Mackenzie, in his Science of Heraldry, chap. 31. Of supporters, gives
another rise of them as follows.

" Supporters (says he) are those exterior ornaments which are placed without
" the shield at its sides, and were at first invented (as Petra Sancta observes) to
" represent the armour-bearers of knights. But why then are they ordinarily two ?
" And therefore 1 rather believe that their first origin and use was from the custom
" whichever was and is, of leading such as are invested with any great honour to
" die prince who confers it. Thus when any man is created a duke, marquis, or
" knight of St Andrew, of the Garter, or any other order, either in Scotland or
" elsewhere, he is supported by, and led to the prince betwixt two of the quality,
" and so receives from him the symbols of that honour : And in remembrance of
" that solemnity his arms are thereafter supported by any two creatures which he
" chooses ; and therefore, in the received opinion of all heralds, only nohilcs majores
" who have been so invested in these honours are allowed to have supporters : And
" albeit chiefs of old families have used supporters with us, yet they owe these to
•' prescription, and not to the original institution of heraldry, as shall be observed.
" Others, as Menestiner, think that when knights hung up their shields to provoke
" all passengers to this combat, they placed their pages or armour-bearers under
" the disguises of wild-men, lions, bears, &-c. to watch who offered to touch them ;
" and thereafter they used these figures as supporters. But beside that this
" fancy seems as wild as the supporters, it may be asked, why some men use
" fowls or fishes .•' To which nothing can be answered, save that beasts being once
" allowed, each man choosed thereafter any living creature he pleased." I shall
here subjoin what Sir George says in another place in the above-mentioned
chapter.

3°

EXTERIOR ORNAMENTS.

" According to Chassaneus his opinion, an heritable sheriff, or an eminent
" judge may take supporters : and I crave liberty to assert, that all our chiefs of
" families and old barons of Scotland may use supporters : For, besides that to be
" a chief, was of old; and is still, reputed an honour, though it be adorned with no
" mark of nobility, yet these chiefs have prescribed a right to use supporters ;
" and that such a right may be prescribed, I have proven formerly ; and what
" warrant is for most of our rules in heraldry, but an aged custom : And that
" they have constantly used supporters, past all memory of man, even when they
" were knights, is clear from many hundred instances. Thus the lairds of Pncuii
" did, and do use two wild cats for their supporters ; Fotherwgham of Powrie,
" two naked men ; Irvine of Drum, two savages, wreathed about head and loins
" with holland, and bearing battons in their hands ; Moncrief of that Ilk, two men
" armed at all points, bearing picks on their shoulders: And many of our noble-
" men have only retained the supporters which they formerly had. And that, of
" old, barons might use supporters de jure, seems most certain ; for they were
" members of parliament with us as such, and never lost that privilege, though
" for their convenience they were allowed to be represented by two of their num-
" her ; and therefore such as were barons before that time may have supporters,
" as well as lord barons ; nor should we be governed in this by the custom of
" England, seeing their is dispar ratio ; and this is now allowed by the principal
" herald to judge at the time who have right. "

Supporters are not so heritably fixed but they may be altered at pleasure, in
their species and forms, by those who have right to carry supporters, as Colum-
bier, Sir George Mackenzie, and others ; for it is fit that these extrinsic parts of
achievements should not be heritably fixed, to the end men may have somewhat
to assume or alter upon considerable emergents : But if cadets keep their chiefs'
supporters, they use to adject some difference ; as is to be seen in the Earl of
Kelly's achievement. Mackenzie.

Before I proceed to give instances of arras with supporters, and the occasions
upon which they were given and taken with us and other nations, I shall insist a
little here of their ancient use in general. At first one supporter was used to carry up
the shield ; as by our ancient documents and seals, which represented the armour-
bearer of knights, and afterwards came to be two, one at each side of the shield :
And for the verity that one supporter was used anciently, I shall add here the
words of Jurisprudential page 369, par. 18. " Olim unicum duntaxat sustenta-
" culum ad primores viros usurpatum fuisse Vetera nos decent monumenta. Ipsis
" enim solummodo regibus, aut principibus bina assumere sustentacula licitum
" erat. " For which our author cites many others. So then it is groundless to
bring the first origin and use of supporters from the custom of leading such as are
invested with any great honour to the prince, who conferred it as above shown.
But from whence came the use of sovereigns having supporters, who were not led
by their equals to receive their imperial rights and diadems, being attended only
by their subjects, and sometimes by officers, as armour-bearers and esquires, in
royal solemnities ? And I am much in the opinion with Menestrier and others,
who bring the first use of supporters from the armour-bearers of kniglits. And
of old none but one supporter was used by those that were not eminent princes,
as by our above-mentioned author; of which I shall add a few instances.

Our ancientest seals had only the image of the owner, sometimes with his shield
of arms hung about his neck, or holden up by his left arm, and he the only sup-
porter; but afterwards these arms came to be supported by one creature or an-
other: And Menestrier tells us, " That he has seen the shield of arms of the
•• old Dukes of Burgundy only supported by one lion, with its head in a hel-
" met."

Sandford, in his Genealogical History, gives us the seal of arms of Margaret
Duchess of Norfolk, supported by an angel. Such another seal of arms I have
seen, which belonged to Mary Queen of King James II. which had the arms of
Scotland impaled with her paternal coat, viz. two Hons combatant, supported only
by one angel.

The imperial ensign of Scotland is yet to be seen on the frontispiece of the

EXTERIOR ORNAMENTS.

3J

outer entry to the abbey of HoIyroodhoUbC, the shield supported only by one uni-
corn seiiiiit.

Walter Leslik, designed Dominus de Ross, who married Elizabeth Ross, one of
ths co-heirs of Walter Earl ot Ross, had on his seal of arms three shields lie, i. e.
tied together, liolaen by the beak of an eagle for a supporter; of whose arms
formerly.

From Uredus's Collections of the Old Seals of the Earls of Flanders, we have
many instances of arms supported only by one animal ; as that of Ludovick Ma-
LJiANUs, appended to a diploma, whereupon is the shield of urms of Flanders sup-
ported by one lion, anno 1 2,59- Philii' the Buld Duke of Bukgundy, son of John
King of France, who married Margaret, daughter and heir of the above Lodovick
Earl of lland'irs. on whose seal was a shield, quarterly, the arms of Burgundy
Ancient and Modern, and supported only by one eagle : But his dutchess Maigaret
had on her seal a lozenge shield, with her anus dimidiate w ith those of her hust)and
Phiiip, viz. four animals supporters ; her husband's two supporters the eagles stood
upon the upper two sides of the lozenge shield ; and two hons sciant, supported the
two under sides of tlie lozenge, being these which her father used. The like of
which I never met with in any book or seals; which seals, as 1 have described
them, were appended to diplomas in the year 1384.

As for the antiquity of using supporters with us, Sir George Mackenzie, in his
Science of Heraldry, gives us as uncouth an one as the last mentioned, being the
shield of arms of Muriel Countess of Strathern, supported on the left side by a
falcon standing upon the neck of a duck, lying under the base point of a formal
shield, and all placed within a lozenge, which he dates from the year 1284, ^"^^
which is the oldest and ancientest that ever I met with.

Sir James Balfour, in his Manuscript of Exterior Ornaments, says, " The first
" use of supporters with us began about the end of the reign of Alexander 11. and
" were frequent in the reign of Alexander III. which began in the year 1249,
" and who reigned 37 years :" But gives us no instances who carried supporters,
till the reign of John Baliol ; and- then tells us, "That John Cumin Earl of
" BucHAN, and great Constable of Scotland, had his arms supported by two snakes
" or vipers ; and that Thomas Randolph Earl of Murray (who hved in the reign
" of King David Bruce, and who first began the use of supporters in England}
" had his supported by two winged dragons. "

The seal of John, .Senchal of Kyle, eldest son of Robert Stewart of Scotland,
was appended with his father's (who were both successively kings of Scotland, by
the name of Robert U. and III.) to a charter of theirs to the burgh of Glasgow,
anno 1364. The shield of arms of the Lord Kyle was cotiche, and supported
by two savages ; as by the absti-acts of the charter in the Scots College of
Paris.

I have seen the seal of arms of William Lord of Douglas, before he was Earl,
upon which he had only the paternal coat of Douglas in a shield couche, supported
by a lion seiant, with its head in a helmet, topped with a plume of feathers for
crest, which timbredthe shield. Upon this Earl's marrying Margaret, Countess
and heir of Marr, for his second wife, he quartered with his own the arms of
Marr, supported as the former, with the addition of two trees growing at the
sides of his achievement ; and below "the shield, by way of compartment, was
a field seme of cross croslets and mullets, appended to a charter of his, in
which he is designed Earl of Douglas and Marr, to James Mowat of the
lands of Easter-Fouhs, dated at the Castle of Kildrumy, 26th of July, anno
1377-

I have seen many of the seals of the Earls of Dunbar and M'VRCh, which were
all equestrian till the year 1400, whose shields of arms were afterwards supported
by two lions seiant, and behind their backs trees.

I have likewise met with the seals of arms of our ancient barons; as that of Sir
Alexander Home of tliat Ilk, whose shield was supported by two lions; Somer-
viLLE of Linton and Cambusnethan supported with two greyhounds : And Cran-
ston of that I:k supported his shield on the right side by a woman in rich attire,
holding a bush of strawberries, and on the left by a roebuck. Those barons, with

Vol. II. N n.

3- EXTERIOR ORNAMENTS.

others, long before their famihes were dignified with the titles of lord or eari;
kept still their old supporters.

I have also seen those of other barons, whose families were never dignified ; as-
that of David Home of Wedderburn, appended to a discharge to his nephew, the
above Sir ALEXiVNDER Home of that Ilk, dated at Cockburnspath 27th of January
1443, supported with two falcons regardant; and Roger Kirkpatrick of Close-
burn, one of the Barons of Inquest, in the service of William Lord Somerville,
heir to his father Thomas Lord Somerville, had, on his seal appended to the retour,
the loth of June 1435, the escutcheon of his arms supported with two lions gar-
dant; and his son Thomas, in the year 1470, carried the same, though now the
family use for supporters two hounds. And on the seal of William Murray
of Touchadam, Constable and Governor of the Castle of Stirling, now designed of
P'olmaise, his arms were supported with two lions. Many more examples of our
gentry using supporters are to be met with in our old books of blazons, on their
houses and tombs, as representers of the ancient barons and chiefs of families; a
few of which I shall here mention. Dundas of that Ilk, for supporters, has two
hons: Fullarton of that Ilk, in the shire of Ayr, has two savages wreathed
about the head and middle, holding battons over their shoulders.

Innes of that Ilk, two greyhounds collared azure, charged with three stars.
Pollock of that Ilk two hounds, proper; and Maxwell of Pollock had his arras
supported, in the reign of Robert III. by tv.'o monkies, as by his seal of arms which
I have seen. Dunbar of Westfield, Heritable Sheriff of Murray, has two lions
rampant argent.

Halyburton of Pitcur two wild cats; and Farquharson of Invercauld carries
the like creatures.

Irvine of Drum two savages wreathed about the head and loins with laurel,
proper, bearing battons in their hands.

FoTHERiNGHAM of Powric two naked men.

MoNCRiEF of that Ilk two men armed at all points, bearing pikes on their
shoulders.

Skene of that Ilk, two Highlandmen, the one on the dexter side in a Highland
gentleman's dress, holding in his right hand a skein, point downward ; and the
other, on the sinister, in a servant's dress, with his darlach, and a target on his
left arm.

Dalmahoy of that Ilk has two serpents cottising his arms.

Sir John Nisbet of Dean, baronet, his family has been in use for a long time, by
allowance of authority, to carry supporters, viz. on the right side of the shield a
savage wreathed about the head and middle, holding a batton in his right hand,
all proper; and on the left side a greyhound, proper: Which two supporters up-
hold the principal arms of the family of Nisbet of that Ilk, viz. argent, three
boars' heads erased sable, armed and langued gules, with the crest of the family,
laying aside the cheveron, a mark of cadency, used formerly by the House of
Dean: in regard that the family of Dean is the only family of the name in Scot-
land that has right, by consent, to represent the old original family of the name
of Nisbet; since the only lineal male representer (the author of this System)
is like to go soon off the world, being an old man, and without issue-male or
female.

Edgar of Wadderly two greyhounds ; and Haig of Bemerside has, for supporters,
two lions gules.

In Workman's Illuminate Book of Arms there are several knights who have their
arms supported; as Sir Patrick Barclay of Towie with two hounds: motto, Hi7tc
honor et amor.

Sir George Douglas of Redhouse's arms are there illuminate, being argent, a
lion's head erased gules, in base a crescent of the last, and, on a chief azure, two stars
argent, as descended of the House of Morton, and the crescent, as a vassal to the
House of Seaton, supported by two griffins.

Sir NiEL Montgomery of Langshaw's arms, a-zure, a stoned ring, proper, between
three flower-dp-luces or; supporters, two dragons.

Sir David Wood of Craigie, his arms supported by two savages wreathed about
the middle with laurel.

EXTERIOR ORNAMENTS.

33

Sir John Graham of Ncrherness carried tlie arms of Montrose, with a label of
three points for difference, supported on the right side by a hound, and on the left
by a falcon, proper.

Bruce of Airth had two savages wreathed about the head and middle, proper;
crest, a horse-head; with the motto, Do well and doubt not.

There are many more gentlemen, besides the ancient barons and chiefs of fa-
milies, who have supporters add.:d to their blazons in our New Register of Arms,
having right, as I suppose, by concession or prescription; of wliich 1 have given
many examples in the Plates of Achievements in the First Part of tliis System,
as also in this Second Part, to which I refer the reader.

The right of using supporters is hereditary with us in the lineal heirs and re-
presentatives of families; but not to the younger sons of collaterals, unless they
become representatives of the family : neither in the greater or lesser nobility,
which in the first seems strange, since the younger sons of dukes and marquises
have the title of lord prefixed to their names, and take precedency of hereditary
lords of Parliament. But though the titles they have be only temporary, and do
not descend to tlieir posterity, yet I am of opinion they may use supporters by the
same right that knights-bannerets did, whose dignity was also temporary, and that
with their marks of cadency upon them, if agreeable, and if not with other addi-
tior.al figures: For the same reason that they now of late place the coronets of the
respective dignities of their fathers on their helmets, to show the eminency of their
birth.

It is not allowed to the nobility or gentry, who have right to carry supporters,
to assume those of the sovereign's achievement, unless they be of the blood royal,
or have obtained from the sovereign a special warrant for so doing, to show either
the support and honour they had from the royal family, or for some special services
they had performed to the same. Thus the Earl of Strathmore, being descend-
ed of a daughter of King Robert II. has, for supporter, on the right side, an
unicorn argent, maned, unguled, and horned or, (the royal supporter) and collar-
ed vert, charged with a thistle or; and, on the left, a lion gules, armed. and lan-
gued or.

Bruce of Clackmanan was allowed the royal supporters; Ramsay Earl of Hol-
DERNESS, and Viscount of Haddington, for his special service, besides other aug-
mentations of honour, was allowed to support his arms with the unicorn of Scot-
land on the riglit, and an antelope on the leff Carey Viscount of Falkland hid
the like unicorn on the dexter, collared sable, charged with roses; and on the
sinister a lion gardant argent, collared and cro\vned with a ducal crown ; and se-
veral others have the hke.

It is allowed, by the practice of heraldry, for many different families to carry
the same supporters without any ground of offence, or concluding them to be
of one descent and kin; which practice is frequent with us, especially in using
savages for supporters. The Marquis of Douglas has one ; and the Earls of Athgl
had two savages, though now but one, the other, a lion, being for Tullibardin;
the Earls of Sutherland, Morton, Perth, Roxburgh, Galloway, Seaforth, Cromarty,
Stirling, Elgin, Viscount of Kenmure, Lords Herries, Kinnaird, Elphinston, Blantyre,
Maderty, and many old barons, carry savages, some of them with laurels about the
heads, and battons in their hands. The frequency of which with us I presume had
rise in imitation of John, Seneschal of Kyle, eldest son of Robert II. King of Scot-
land, who was king after his father by the name of Robert III. or else proceeds from
that tournament proclaimed, and holden by King James IV. in defence of the
Savage Knight ; of which I have given account before, where many of our nobility,
and gentry appeared with their servants in the dress of savages, which became the
supporters of several families..

Supporters have been given and taken upon many ocasions ; sometimes from the
armorial figure within the shield, as those of Spain, two lions, the armorial figure
of the kingdom being a lion. The Prince Palatine of Bavaria, the Duke of
Luxembourg, and other royal families in Europe, have lions for supporters, be-
cause their armorial figure within the shield is such: And the same reason has
occasioned our nobility to do the like; as Home Earl of Ho.me, Home Earl of
Marchmonp, Crichton Earl of Dumfries, Ogilvie Earl of Findlater, Gray Lord

54

EXTERIOR ORNAMENTS.

Gray, Dundas of that Ilk, because their armorial figures are such. As also many
other families vvho have eagles, griffins, boars and. bears, for their armoiial charges;
and if they carry but a head of any of those creatures, they make use of their en-
tire bodies for their supporters; as Forbes Lord Forbes, who carries for arms three
bears' heads couped, has for supporters two bears, proper.

When the armorial charges witliin the shield are not living creatures, nor figures
fit to be supporters, I observe that lions are assumed by severals, but with some
variation, upon the account, as I suppose, that the lion is the sovereign figure of
the nation, or because he is said to be the king of beasts, and the most noble and
fierce of all others. The family of Argyle has, for supporters, two lions gardant
gules, armed or: Graham Earl of Monteith two lions gardant gules, armed and
langued azure, collared sable, and charged with three escalops or, the figures of the
paternal bearing. Murray Earl of Annandale supported his arms with two lions
argent, crowned or, one of which the Lord Johnston took when he was honoured
with that earldom. Murray Earl of Tollibardin two lions gules, collared ur,
charged with three <stars azure, one of which is now one of the supporters of die
family of Athol, which represents that of TuUibardin. And the Viscount of
Stormont, as descended of TuUibardin, had, for supporters, two lions gutes, armed
or, because none of those families' armorial figures were fit to be supporters,
being girons, escalops, stars, or mullets; and many such examples may be added,
which I think needless.

Some families take supporters relative to their names or designations, when no
figures in their arms speak to them. The family of Ursini in Italy has two bears
in allusion to the name; and the Grimaldi, Princes of Monaco, in allusion to their
title Monaco, have for supporters two Augustine monks. Naples, anciently called
Parthenope, from the name of a syren, or mermaid, whose tomb was there;
upon which account the arms of the kingdom of Naples are supported with two
syrens. The Duke of Gloucester, seventh son of Edward III. surnamed Wood-
stock from the place where he was born, had his shield of arms on his seals re-
presented hanging on the stock of a tree, alluding to Woodstock. With us Cun-
ningham, Earl of Glencairn has, for supporters, two conies, proper, relative to the
name : Oliphant Lord Oliphant two elephants, for his name ; and Ruthven Earl
of Gowrie had two goats supporters, relative to the earldom of Gowrie, which sig-
nifies a goat.

Upon the account of hunting and hawking, hounds and dogs of all sorts, as
also harts, deers, bucks, hawks, and falcons, are used by many families. Sir
George Mackenzie tells us, " The Earl of Panmure changed his old supporters
" to two greyhounds, because he was first noticed by King James VI. on the oc-
" casion of his entertaining his majesty with excellent sport in the muir of Mon-
" roben."

Upon the account of employment, supporters have been assumed thus: M'Kay
Lord Rae, when he went to Germany with a regiment of foot to assist Gustavus
Adolphus, supported his arras on the right side by a pikeman armed at all points,
and on the left by a musqueteer, proper. And General Alexander Leslie, when
created Earl of Leven by King Charles I. supported his arms vv^ith two men in ar-
mour, holding in their hands flying colours: Keith Earl of Kintore took two
armed men with pikes: The Lord Carmichael has his arms supported on the
right by an armed man in all points, holding a batton in his hand, and on the left
by a horse argent, furnished gules. Sir Thomas Livingston being made Viscount
of Teviot, for his victory at Cromdale, had given him for supporters two white
horses bridled and furnished gules. The Earl of Annandale has such a horse,
furnished, for one of his supporters, on account of his being Warden of the West
Marches. Seaton Earl of Dunfermline has two horses at Hberty argent, with
mane and tailor; and Douglas Dukeof Queensberry two pegasus, i.e. hoises argent,
with wings or; and the same by Douglas Earl of March, a son of that family.

Monstrous creatures are used frequently to support arms, as griflins, dragons,
&.C. Erskine Earl of Marr two griffins, proper, winged or, membred sable:
Leslie Earl of Rothes the same: And Montgomery Earl of Eglinton two dragons
vert, vomiting fire, carried by the family ever since they came from the House of
Seaton. The family before that time had two angels in Dalmatic habits; as on the
roof of the house of Seaton.

I

EXTERIOR ORNAMENTS.

The bodies of devices, wliich were anciently placed at the sides, above or below
the shields ot arms, as 1 observed before in the former chapter, huve became sup-
porters of arms. And 1 may begin with the unicorn, one of the ancient devices
used by our kings, not only for Ids strength, courage, and particular virtue of his
horn in dispelling poison, (as writers tell us) but as the emblem of unconquerable
freedom; as job, in his book, chap, xxxix. " Canst thou bind the unicorn with
" his band? \\'ill he be willing to serve or abide by thy crib?" A suitable device
for Scotland, which became the supporter of its imperial ensign, and continues
the badge of its independency. Other nations have likewise used the.r devices as
supporters, which have been often altered upon emergencies, and dilierent sue
cessions.

Thus King Charles VI. of France, as Juvenal Ursini, in his History of that
King, tells us, " That when hunting at Senlis, he perceived a stag which had a
" collar about its neck : The king ordered it to be taken alive ; which being done,
" the collar was of leather, having these words, Casar hoc mihi donavit :" Whereupon
that king took for his device a hart, or stag, with wings, and a golden crown about
his neck ; and afterwards supported his arms with two such creatures, about the
year 1380. Lewis VII. of France made his device, a porcupine, his supporter,
and Francis I. took his device, a salamander, for a supporter. But of late the
supporters of France have been two angels in Dalmatic habits, winged or, and on
their breasts the arms of France, holding by one of their hands the banners of
France accolU, with those of Navarre.

Angels being the ordinary supporters now of France, some heralds tell us, as
Philip Moreau, " That none can use them but those of the royal blood of France,
" and who have a special warrant for that end, being now the fixed tenents of
" France."

But Menestrier tells us, " There are many instances to the contrary to be seen
" on the tombs in churches, before and since the use of such tenents by the French
" kings : For, of old, churchmen in France, and other kingdoms, would not allow
" the arms of those that were interred in the church, to be adorned with their pro-
" per supporters, being the representation of lions, dragons, saltiers, savages, and
" other monstrous and fabulous creatures ; but, ui place of them, with angels,
" more properly becoming the church : Hence it is, says our author, that we see
" so many arms in churches supported by angels, which are not marks of honour,
" but ornaments allowed by the clergy, even to those who have no right to sup-
" porters. Our author tells us also of many ancient families in France, as that of
" Memorancy and others, many degrees of descent from the blood royal, who, with-
" out special warrant, have been in use, and still are, to have angels for their sup-
" porters ; as also that many dignified prelates were in use, within these two hund-
" red years, to support their arms with angels."

With us angels have been frequently made use of as supporters. Cardinal
Beaton had his supported by two angels in Dalmatic habits, or, as some say,
priestly ones, which are yet to be seen on his lodgings in Blackfriar's Wynd.
BoRTHWiCK Lord Borthwick had his arms supported by two angels : as also Ker
Lord Jedburgh, and the Earls of Lothian, now Marquis, their arms are supported
on the dexter by an angel winged or, and on the sinister by an unicorn argent,
maned and horned or, being the same with that which supports the arms of Scot-
land.

The supporters of the kings of England have been various, and taken from their
old devices before they were used as formal supporters, a detail of which I shall
here subjoin from the EngHsh writers.

Some say that Edward III. was the first that supported the arms of England
on the right with a lion gardant and crowned, (being one of those within the
shield) and on the left by an eagle or falcon crowned also. And his grandson
R. chard II. supported them on the right, as his grandfather Edward did ; and on
the left by a hart : But these do not appear on their seals of arms appended to their
public deeds.

Others again affirm, that Richard II. who began to reign in the year 1377,
was the first King of England that used supporters, but used not the above-men-
tioned harts, but two angels ; as Jacob Imhoff, who says, " That his successor

Vol. II. O o

30 EXTERIOR ORNAMENTS.

" Henry IV. the first king of the house of Lancaster, carried also angels for hi:
" supporters :" But others more confidently assert, that the last mentioned had for
supporters an antelope and swan, though neither of those are to be seen support-
ing his arms on his seals given us by Sandford. But these supporters they seeai
to bring from his devices, which he had on his horse-furniture when Duke of
Hereford, and when he appeared in public combat against Thomas Mowbray Duke
of Norfolk, m the reign of Richard 11.

His son Henry V. is said to have the arms of England supported on the right
by one of the lions of England crowned or, and on the left by an antelope : But
on his seals, given us by Sandford, his arms are not supported, though the seal of
his Qiieen Catharine, daughter to Charles VI. of France, has (as in Sandfora's
book) her arms impaled with the king's, and supported by two antelopes, both
gorged with coronets and chains thereto affixed ; and our author observes, that
these were the first supported arms he found carried by any Queen in England.

Henry VI. son of Henry V. had his shield of arms supported with two antelopes
argent, gorged with coronets and chains affixed to them, and attired or ; as our
author, who says they were so carved over the gate of Eton College ; though
others make the supporter on the left to be a leopard spotted proper, with fire is-
suing out of his mouth and ears.

Edward IV. the first of the house of York, used several devices or cognizances,
to show his descent ; some of which I mentioned in the former chapter, which
s-ometime after he used as supporters of his arms. Sandford gives us the following
instances in three several places. First, " On a window of Trinity-church in
" Chester his arms are painted standing on a falcon within a fetter-lock, and sup-
•^ ported by the bull of Clare, being sable, crowned and hoofed or, and the lion of
" March, being a lion argent gardant. %dly. Over the Library Gate in the Uni-
" versity of Cambridge, his achievement is supported with two lions gardant.
" And, 3^/)', In Windsor Chapel they are supported with the lion of March and
" the white hart, the device of Richard II."

Edward V. son of Edward IV. had his arms supported with the lion of March
on the right, and on the left by a white hind.

Richard III. had his arms supported by two white boars; but some say he placed
on the right the lion of March.

Henry VII. representer of the House of Lancaster, and restored again to the
throne of England, supported his arms on the right side by a red dragon, on ac-
count that that creature was the device used by Cadwallader, the last King of the
Britons, from whom he derived his descent ; and on the sinister by a greyhound
argent, collared gules, in right of his wife Queen Elizabeth of York, of which be-
fore : But on her tomb her arms were supported by two angels ; and their eldest
son, Arthur Prince of Wales, had his arms supported with two antelopes.

Henry VIII. of England, on his first seal, had a dragon and hound as his father;
but afterwards he discontinued the greyhound, and supported his shield on the right
side with one of the lions of England, viz. a lion gardant or, and transported the
dragon to the left side. His son

Edward VI. crowned the lion with an imperial crown, and had the dragon on
the left side. ,

Qiieen Mary had an eagle on the right side ; but Queen Elizabeth restored
again the lion to the right side, and the dragon as before on the left.

Upon King James VI. his accession to the crown of England, the dragon was
discontinued, and in its place stands the unicorn of Scotland on the left side of the
achievement of England, but on the right of that of Scotland, with the lion of Eng-
land on the left : each supporting the arms of these kingdoms, as they stand mar-
shalled. W^hich position of diflTeient supporters is to be observed : That is to say,
in marshalled arms the coat which is first on the right side is supported by the
supporter properly belonging to those arms, and those on the left by the supporter
belonging to them ; but if they have none, then, for beauty's sake, the supporter
on the right is doubled on the left. In subjects' arms also impaled or quartered,
the supporters uphold the arms of the family to whom they belong.

As for the use of supporters on the plates of arms of the Knights of the Most
Noble Order of the Garter, which are placed upon their stalls in the Chapel of

EXTERIOR ORNAMENTS. 37

Windsor, (though they or their progenitors might have had them sooner else-
where) the same was but geneially practised in the reign of Henry VIU. (as
Ashmole, chap. 75. 5- 3-) there being only two instances where supporters were
added before Henry \'I1L the one of John Beaufort first Duke of Somerset of
that name, made Knight of that order by Henry VI. and the other by ANrnoNY
WiDviLLE Earl Rivers in Edward IV. And no other example can be given till
Htny Vlli. in whose time it was the common usage for the knights not only to
have supporters, but their mottos and devices engraven on their phites upon theii
stalls.

CHAP. VIIL

OF DI.\DEMS AND CROWNS THEIR ANCIENT AND MOEDRN FORMS.

WITH the Romans, diadems and crowns difTeretl, not only in matter and
form, but in their representations, for the diadem was a sign of kingly
power, and the cown, of subaltern power, eminency, and triumph. After the sub-
version of kingly government, the Romans could not hear nor see the diadem,
but imprisoned those persons who attempted to honour the statutes of the Roman
kings with such, as historians tell us ; though the diadem was with them but a
piece of white silk or linen, which went round the temples of the head like a
fillet, called Candida fascia, such as these to be seen about the lieads of Moors,
for which in blazon they are said to be diademati ; whence the imperial double
eagle, from the two circles which we see surround the two heads, is said to be dia-
demate and not Cjuronne : Yet with other nations the diadem was a circle of gold
adorned with precious stones, as it was afterwards with the Romans. As the
author of Observationes Kugenialogica says, " Enimvero prisca ilia fascia, linea
" nullo artificio operata, nuUis opibus tumida, nullo accersito lumine corusca, sed
" solo candore conspicua fuit ; cui tamen simplicitati multa cohoerebat majestas :
" Apud alias vero gentes magis ambitio aut opulentia prsevaluit, apud quas fascia
" ilia aurea, et quidem gemmata fuit."

Crowns, coronets, and garlands, being all ornaments of the head, and distinc-
tive marks of dignity, or tokens of noble exploits, are all of them in Latin known
by the name of corona. The first Roman emperors wore no other crowns but
garlands of laurel, which betoken victory, because the people of Rome abhorred
all signs of royalty : But as their power and ambition increased, they began to
assume diadems. Antony the consul presented one to Julius Cssar ; and that it
might the more easily pass with the people, environed it with a laurel crown :
The diadem to represent his kingly power, and the other his triumphant victo-
ries.

They likewise had radiant crowns of gold, being circles of that metal, bright-
ned with rays or points, and on each of these a star, the emblem of an heavenly
crown, by which they showed their descent from the gods.

The Emperor Aurelian is said by Selden to be the first Roman emperor that pu-
blickly wore a diadem of gold. Constantine the Great used the same, and trans-
mitted it to his successor, brightned or relevate (as the French say) with points,
leaves, and arches, topped with a mond, ensigned with a cross ; so that the diadem
and crown may be said to have been united on the emperors' heads.

Other lesser princes and great men were anciently in use to place their triumphal
garlands and radiant crowns on their statues or images, as badges of their victo-
ries, eminency, and high descent. Which statues so adorned with those and
other trophies, were religiously preserved and esteemed by their posterity, as ho-
nourable ensigns of their noble fimiilies ; and these statues so trimmed were ex-
posed by the Romans at their festivals and solemnities of their funerals, as we do
now our armorial ensigns; which, after the subversion of the Roman empire, came
in place of their statues ; of which I have fully treated in the first part of this
System, chap. I. The right of having images or statues was allov/ed to none but
those that were noble, and had jus imaginum ; and from their practice of placing

38 EXTERIOR ORNAMENTS.

such crowns upon itutues came the custom afterwards of placing such ornamenti
upon shields of arms.

Crowns or coronets may be said to be in or on armorial bearings four manner
of ways.

First, As essential or internal parts of arms ; that is, when they are the principal
figures within the shield, as the three crowns in the arms of Sweden ; and Gran'!
of that Ilk with us, who carries for arms joules, three crowns or. Many other fa-
milies through Europe have the like arms : But crowns so placed are no marks of
sovereignty and dignity of whatever form they be.

'2.dly, When they are additional to armorial charges within the shield, they are
but ornaments, whatever form they be of, and no ensigns of sovereignty or digni-
ty ; as that which ensigns the hart in the arms of the name of Douglas, and that
which crowns the lion in the arms of Ogilvie. And so of other figures thus adorn-
ed in many bearings with us and abroad.

2,dly, When crowns are placed upon helmets which timbre shields of arms, they
are then marks of sovereignty, being ordinarily so placed by sovereign princes :
But when they are placed upon helmets by subjects, they are not signs of dignity,
and only show the bearer to be a gentleman of name and arms. We find by prac-
tice that many carry crowns on helmets in place of wreaths. Menestrier tells us,
" That that custom is from the tournaments, especially those solemnized in Ger-
" many, where knights are allowed to adorn their helmets with them ; as others
" also, who have been allowed to exercise in such desports. Hence it is, says he,
" we see so many German achievements, whose helmets are adorned with crowns."
And, as I observed before, though there are many helmets ordinarily placed upon
the German shields of arms, according to the number of the feus by which they have
votes in the circles of the empire, yet we see but some of them adorned with
crowns : And the reason our author gives, is, because some of these feus are not
privileged to carry a crown ; or that the ancient possessors of them had never been
at tournaments. He gives us for example the achievement of De Fushen timbred
with three helmets, where one of them is only crowned.

The custom seems to be ancient and frequent in England. Morgan, in his He-
raldry, lib. 3. page 45. says, " That crowns above helmets are common to many,
" but under the helmet to few." Sandford, in his Genealogical History of Eng-
land, gives us the arms of Roger Earl of March and Ulster in the reign of
Richard II. timbred with a helmet, ensigned with a ducal crown, out of which
issued a plume of feathers for crest, though he was not a duke but an earl, to show
his eminent desceiit, being grandchild of Lionel Duke of Clarence, third son to
King Edward III. by his eldest daughter and heir Philippa. Many other modern
instances may be met with in Guillim's Display of Heraldry, especially in the last
editions of that hook, where ducal crowns are upon helmets in place of wreaths,
by earls, viscounts, lords, who commonly have their respective proper coronets be-
low the helmet on their shield of arms.

With us also some noble famihes, though but earls, have been in use to place
ducal crowns on their helmets for their wreaths; as the Earls of Perth and Win-
roN having also their proper coronets between the helmet and the shield. This
practice has been used by our lesser barons and knights with us; the family of
Pkeston of Craigmiller have a ducal coronet upon the helmet in place of the wreath,
out of which issues the crest, which is to be seen on the House of Craigmiller for a
long time; and several other families do the same with us; some on the account
of favour, and others to show their eminent descent, as the younger sons of our
nobility.

^hly, When crowns are placed immediately above the top of the escutcheon,
they are then ensigns of sovereignty, and especially the dignity of nobility, whose
degrees they show by their forms; of which by and by. But, first, of the crowns
of sovereigns, which are either imperial or royal.

Inipenal crown is properly that which is worn by the emperor; the circle being
of gold adorned with precious stones, and relevated or brightened with points,
sometimes flowery at the top, which the emperors both of the West and East an-
ciently placed upon their golden helmets. Though they were open and not closed.

EXTERIOR ORNAMENTS. 39

vet they appeared like close crowns long before such were in use by emperors,
who were the first that a sumeJ arched crowns topped with monds.

The German emperors used close crowns first, and had the arches and bonnet
very high, to show an eminency above kings: But those of France, in emulation
of the emperor, took the same form of crowns, tdl the Emperor Charles V. turned
his close crown to the foLin we see it now of, to distinguish it from other royal
close crowns: Thus described by the best of writers, viz. " A circle of gold adorn-
" ed with jewels and precious stones brightened or relevate (as the French say}
" with leaves like those of the oak tree, (the emblem of old age and strength)
" and closed with arches curiously wrought, rising from the circle, environing a
" rich high cap, or tiara, open on the top, in such manner as somewhat re-
" presents a mitre, (some say a crescentj and closes with a globe having a cross
" on it."

The King of the Romans, and Archdukes of Austria, being ordinarily sons of
emperors, had their crowns closed with an arch, and topped with a mond, since the
year 1477: For Maximilian the King of the Romans, son of the Emperor Fre-
derick III. had his shield of arms timbred with a crown relevate with broad leaves,
like those of the oak, and closed with an arch. And his son Philip, as Arcliduke
of Austria, had such another, but relevate with points: And when he was King of
Spain he had only an open crown, as all liis predecessors Kings of Spain; as in
Olivarus Urediis his Collection of Seals.

R(jyal crowns being anciently open, and worn by every king, but now being be-
ing closed at the top, tliey call them imperial ones, and themselves are said invest-
ed with imperial power, altogether independent on any man.

The royal crown of Spain was a circle of gold adorned with jewels and precious
stones, and brightened with eight leaves of gold like those ef the oak tree, but not
closed with arches till Philip II. who married Mary Queen of England, and is now
called an imperial crown.

The crowns of Sweden, Denmark, Poland, and Bohemia, were all relevate with
leaves of the oak, and open ; but are now closed with arches, and so named im-
perial.

The crowns of the kings of France were and are relevate with flower-de-luces,
(the figures of their arms) and were not closed with arches, and topped with a
double flower-de-luce, till Charles VIII. of France, who is said by some to be the
first that used a close crown, on pretension of being emperor of the Eastern Em-
pire; as by his medals, where he is represented on horseback with a close crown
upon his head, with the inscription, Carolo imperatori orientis, victori semper Au-
gusta: But, as King of France, the close crown did not belong to him; therefore
the first close crown for that kingdom is more rightly ascribed to Francis I. who
wore it in emulation of the Emperor Charles V. : As the author of Observationes
Eugenirilojica, " Franciscus primus Galliarum Rex, Caroli quinti imperatoris amu-
" lus, laminam aliam auream octo liliorum fiosculis circumactum, tot superne ra-
" mulis concluserit, ex lamina prodeuntibus, &- in unam aspicem qui lilio superno
" terminantur reductis, adeo ut speciem quandam diadematis imperialis referat ;"
and. for that cause the above-mentioned emperor altered his crown by making it
like a mitre, and ending in the sommet like a crescent.

In England the kings of the Saxon race had crowns (says Selden) after the
fashion of other nations at that time, being a plain fillet, or circle of gold : And
King Egbert was the first that brightened it with points or rays; but Edward
Ironside topped the points with pearls. William the Conqueror, the first of the
Norman race of kings, had his circle fleury : But by his seal, given us by Sandford
in his above-mentioned book, the crown on his head is relevated with points and
leaves; but the points are much higher than the leaves, and each of them topped
with three pea;ls i and 2, and the cap or tiara topped with a cross patee. His son
WiUiam's crown was only brightened with points pearled on the top, and not ac-
companied with flowers. Again, Maud Qiieen of England had her crown rele-
vate with leaves and points, but the leaves or flowers were higher than the points:
And all their successors to Edward III. had their crowns variously relevated with
points and flowers alternately, sometimes the one higher than the other. Edward
in. whom I just now named, brightened his crown with flower-de-luces and cross

Vol. II. P p

40 EXTERIOR ORNAMENTS.

patees. And Edward IV. of the House of York, was the first King of England-
that, on his seal of arms, is represented sitting on his throne with a close crown on.
his head; and on the reverse, with another, on horseback, and on, it a hon passant
gardant for crest : Which crown was relevate with flower-de-luces and crosses-
patee alternately, and arched, as I could understand, by the seal with four arches,
and topped with a mond, ensigned with a cross patee. But his queen, Elizabeth
WiDViLLE, had over her arms, impaled with those ot her husband's, a coronet (^not
arched) relevate with tour cross patees, and as many flower-de-luces, and betweeiv
tliem eight flowers of a lesser size, which Sandford gives us.

Edward V. and Richakd III. had the same crown with Edward IV. and Henry
VII. and all of them used the same on the heads of their eiiigies. Henry Vill.
not only had such an one on his effigies on his seals, but timbred his shield of arms
with such, whom Sandford observes to be the first in England tnat did so; and the
same form and practice continues.

The ancient crown of the kingdom of Scotland was of another form, (as our
historians tell us) that is, its circle of gold was brightened with stakes, or pilcb, so
formed by Fergus I. after his victory over the Picts, whom he attacked m iheir
camp, and broke down their barriers or palisadoes; and that torm of crown con-
tinued with his successors till Achaius, who entering into that solemn league with
Charlemagne of France, relevated with flower-de-luces and crosses fleury alternate-
ly, as a badge of that memorable league: Which alteration is not onl^ attested by
'lur own historians, but by foreigners; as Pet. Grego. de Repub. Limneus de Jure
Pub. And Hoppingius, cap. 6. page 3. has these words, " Acceptis in coron;e
" circo quatuor liliis aureis, cum salutiferae crucis quatuor aureis sigms, paulo emi-
" nentioribus partibus intervallis discretis, ut inde Scotias gentis Christianse reli-
'* gionis, inviolataeque fidei observatio omnibus dignosceretur."

The crown of Scotland, after this form, I have seen on pieces of coins of Alex-
ander III. Robert the Bruce, and their successors ; and the first time I met with.
It closed with arches, is on a silver coin of King James II. where his eiiigies is re-
presented with a close crown on his head, and topped with a mond, surmounted
with a cross patee: And in other pieces of his coins the crown is not closed with
urches, but open, and only relevate with flower-de-luces and crosses-fleury ; and so
on all the coins of his son King James UI. that I had occasion to see: But on the
large pieces of coin of King James IV. his head in profile is cro\vned with a close
crown, as are those of his successors.

In the year 1734, I had the opportunity frequently to observe the forms ot our
regalia, viz.. crown, sceptre, and sword of honour, by the favour of the ingenious.
Mr William Wilson, one of the Clerks of our Council and Session, who, for a long
rime, was keeper of those honours under the Earl Marischul, duiing the Sessions oi
'.Parliament. And in the foresaid year, in presence of several gentlemen, aiui-
quanes, jewellers, architects, and others, whose names 1 could here mention, if con-
venient, I drew, by their assistance, a particular description of the regalia, which,
unknown to me, was sent to England to Guy Miege, who, 1 cannot out say, has
caused print it truly in his Present State of Scotland, 17-7. Bur since i am nere
treating of imperial crowns, I shall add a description of that of Scotland, espeeniUy
since it hath been formerly misrepresented in its structure and form by writers,,
painters, and engravers, who have made it the same in form with tlie imperial one
of England. The form of it is thus :

1st, The imperial crown of Scotland is of pure gold, enriched with many pre-
cious stones, diamonds, pearls, and curious enamellings. It is composed of a large
broad circle, which goes round the head, adorned with twenty-two large precious
stones, viz. topazes, amethysts, garnets, emeralds, rubies, hyacinths, in Collets of
gold of various forms, with curious enameUings; and betwixt each of these collets,
and stones are placed great oriental pearls, one of which is wanting.

2dly, Above the great circle there is another small one formed with twenty
points, adorned with the hke number of diamonds and sapphires alternately; and'
on each point there is a great pearl.

2,dly, The upper circle is brightened with ten crosses-fleury, each being adorned-
in the centre with a great diamond betwixt four large pearls put cross-ways; but
some of these pearls are wanting : Those crosses-fleury are interchanged with ten,

EXTERIOR ORNAMENTS. 41

high flower-de-luces alternately betwixt the great pearls below on the points of
the second circle.

This IS said to be the form of the crown of Scotland, since the league made be-
twixt Achaius King of Scots, and Charles the Great of France. It differs from
other imperial crowns in that it is brightened with crosses-fleury alternately with
flower-de-luces; whereas the crown ot France is brightened with flower-de-luces,
and that of England with crosses patce alternately wuli flower-de-luces. The Scots
crown, since K.ing Jaines VI went to England, has been, as I have said, ignorantly
represented by herald-painters, engravers, and others, after the form of the crown
of England, with crosses patee; whereas there is not orve cross patee, save tliat on
the top of the mond, or globe, for all the rest are crosses-fleury, such as we see in
our old coins and churches.

O'.ir crown is closed thus: From the upper circle proceeds four arches, adorned
with enamelled figures, which meet and close at the top, sur:nounted with a ce-
lestial globe, enamelled blue seme, or powdered with stars, with a large cross patee
on the top, adorned in the exrreinities with a great pearl, and cantoned with other
four in the angles. In the centre of the cross patee, on the fore part of the
cro.vn, there is a great pearl, and below it,, on the foot of the polar part of the
cross, are these letters, J. R. V.; by which it appears to some King James V.
was th3 first that closed the crown with arches, and topped it with a globe and
cross patee: But 1 have shown, before that K-ing James II. on his coins had a close
one.

The tiara or bonnet of the crown was of purple velvet; but, in the year 1685,
there was put in a cap of crimson velvet, adorned, as before, with four plates of
gold richly wrought and enamelled, and on each of them a great pearl half an inch
in diameter, which appears between the four arches, and the cap is faced with
fimine.

Upon the lowest circle of the crown, immediately above the furr ermine, there
are eight small holes, two and two together, in the four quarters of the crown, in
the middle space betwixt the arches: To which, as I am informed, at the occasion
of the coronation of our kings, they were in use to tie a fillet round, beset with
precious jewels, as a diadem; after which solemnity they were loosed from the
crown, being the proper jewels of the royal family at the time. The crown is
\\\-\i inches diameter, being twenty-seven inches about; and in height, from the
under circle to the top of the cross patees, six inches and an half. It always stands
on a square cushion of crimson velvet adorned with fringes, and four tassels of
gold hanging down at each corner, when carried to our parliament with the sceptre
and sword. vVliich two last I shall describe in another place, and return to the
descriptions of the crowns of other sovereign princes.

Tlie Dukes of S.woY have closed crowns with four arches terminating in a globe,
surrounded by a cross, taken by the Duke Victor. Am.\deus, at the tiaie when he
assumed the title of Royal Highness, after the example of the Doge of VexN'ice;
who having taken upon him the title Kjng of Cyprus, and caused his ambassador
at Rome to bear a crown closed, the Duke of Savoy, had as good a title to call
himself King of Cyprus, demanded the same privilege, and had it allowed, on ac-
count that those two dukes possessed kingdoms with sovereign dominion. Now
these dukes have been distinguished by the name of Kings of Sardinia: Other re-
publics, which do not possess kingdoms, nor have pretensions to them, as the Re-
public of Lucca, have only open crowns.

The crown of the great Duke of Tuscany is open, and the circle is brightened
with points alternately, with trefoils and a large flower-de-luce on the fore part,
which Pope Pius V. put onthe head of CosmuS' de Medicis, when he honoured him
with the title of Great Duke of Tuscany, the 5th of March 1570. And on the inner
side of the circle are these words, " Pius Quintus pontifex maximus, ob eximiam
" dilectationem ac catholicae religionis zelum, prEecipuumque justitiae studium do-
" navit."

The crown of the Dauphin, the eldest son and heir of France, is a circle of gold
brightened with four flower-de-luces, and as many leaves of the oak tree, like
trefoils alternately ; and, of late, has been closed with four arches after the
form of dolphins, meeting with their tails at the top, and surmounted with a high

42 EXTERIOR ORNAMENTS.

flower-de-luce ; which form of a close crown was presented to Lewis XIV. by Ab-
bot Brianville, anno 1662. To pass by all these fancies ascribed to the nature and
properties of the dolphin which the ancients have left us, I think the greatest ho-
nour done to him is his being carried by the eldest son of the kings of i'rance, and
next heir to the crown ; and that may, with good reason, be concluded to have
proceeded only from the name. The Dauphins of Vienne, Sovereigns of the
Province of Dauphine in France, having taken it for their arms. Dauphin in
French, and dolphin in English, being the same thing. And the last of those
princes having no issue, gave his dominions to the crown of France, upon condition
that the heir of the crown should be called Dauphin, and ever bear a dolphin for his
arms, wliich they have accordingly done ever since, and been so nice in preserving
that bearing to themselves, as never to permit any other subject to bear it, except
the counts of Forr.es r, as descended of the Dauphin of Vienne. But in England,
where that rule cannot take place, there are several families that have dolphins in
their arms ; as argent on a chief gules, a dolphin naiant embowed of the held, is
borne by the name of Fishek. ; and or, three dolphins haurient azure, is the coat
of the family of Vandeput.

With us several families carry dolphins ; as Monypenny of Pitmilly in Fife,
taken notice of in the First Volume of this System, page 357.

I'he crown of the Prince of Wales, the apparent heir ot England, is brightened
with flower-de-luces and cross patees alternately, as the crown of England itself,
but open, and not closed with arches. Upon the restoration of King Charles II.
it was ordered by the king in council, " That the son and heir apparent of the
" crown of England should bear his coronet brightened as before mentioned, and
" closed with an arch, adorned on the top with a mond ensigned with a cross
" patee, as the Royal Diadem." Likewise it was ordained, " That the Duke of
" York, and all the immediate sons and brothers of the kings of England, should
" use and bear their coronets brightened with cross patees and flower-de-luces al-
" ternately only, and not closed : as also their sons respectively, having the title
-" of Duke, shall have and bear their coronets only brightened with cross patees
" and trefoils alternately ; but the sons of nephews shall use coronets as other
" dukes, not being of the blood royal ;" as appears by the said act given us by
Sandford in his history, at the title of James Duke of York.

Imperial royal crowns are ensigns of sovereignty, and ordinarily placed on the
top of the helmets, which timbre the escutcheons of sovereigns ; (but otherwise
placed by our nobility, of which afterwards) yet when sovereigns use not their
helmets on shields, then they place their crowns immediately upon the shields :
This was first practised in France, as Menestrier observes, by Charles VII. about the
year 1422, who placed only a crown on his shield of arms ; and since that time
the practice continues there : and I observe that the same is also practised in other
kingdoms.

Sandford, in his Genealogical History of England, observes, " That Henry VI.
" who began his reign 142 1, in the 23d year of it had on his seal of arms the ar-
" morial shields of England and France, both timbred only with crowns of the re-
" spective kingdoms; and that they were the first royal escutcheons he could meet
" with so adorned, the crowns being all open."

Amongst Mr Sutherland's Collection of Coins, I did see a piece of gold coined
by King Robert II. upon which was the shield of arms of Scotland adorned with
an open crown ; and the same practice is to be seen on the coins of his successors:
But King James II. had on some of his coins, as 1 observed before, a crown closed
with arches.

Queens of sovereign princes did not, of old, timbre their shields of arms with
the crowns of their husbands, but with those of their fathers. I have observed
that, with us, King James II. his Queen, Mary, daughter of Arnold Duke of Guel-
ders, had on her seal of arms these of Scotland, impaled with her own the arms
of Guelders, and only timbred with an open crown brightened with trefoils, such
as these which now relevates the crowns of dukes, and I suppose was that of her
father's: Which seal of arms was appended to a charter of her's to the Abbot and
Convent of Holyroodhouse, the i6th of April 1459.

EXTERIOR ORNAMENTS. 43

Menestrier gives another instance, " That in the church of St Dennis in France-^
" on the picture of Mary of Spain, wife to CiiARLES of France Duke of Valois.
" is a crown mural, (/. e. crenelle or, embattled) to show she was descended from
" the House of Castile : So that queens, it seems, of old, by their ensigns of hon ■
" our, showed their paternal descent."

Having now fully treated of the crowns of sovereign princes, I proceed to thcsv
of eminent subjects, and their forms.

Of old, none but sovereign princes used crowns ; but some time after their chil-
dren, to show their descent, did use the same in their father's life, as L'Oseau ob-
serves, till of late, that Dukes, Marquisses, fitc. were allowed to bear crowns; which
allowance had this rise. The children of kings, of old, in France, were kings, and
so carried the crown ; but thereafter they were forced to take dutchies and earl-
doms for their shares ; yet they still retained their crowns to declare their extrac-
tion : whereupon other dukes and earls did think they niiyht likewise assume the
same, being in the same degree, which obliged the kings of France to distinguish the
forms of those crowns; as we now see from L'Oseau, chap. 5. Des Seii^neiiries: And
from this also did proceed the king's calling, all such of the nobility as bear crow^ns,
his cousins, as the same author observes.

The forms of the crowns of the sons and brothers of France, whether dukes,
marquisses, or earls, to show they are of the blood-royal, are brightened with flower-
de-luces, as the crown of France. And that practice has been under consideration,
when King Charles, by his act, (before mentioned) regulated the crowns of the
princes of the blood-royal in England, that they be brightened with flower-de-luces
and crosses patees, as the royal diadem ; whereas those of other dukes, marquisses, and
earls are brightened with trefoils or leaves, like to those of smallage, both in France,
Great Britain, and other kingdoms ; of which afterwards. It may be observed
here, that the first peers that used coronets in Scotland and England, were sons,
brothers, or nephews of those kingdoms.

It is the opinion of many learned heralds, that the crowns of dukes, marquisses,
&c. (not of the blood royal) which timbre the escutcheon of their arms, are not
marks of noble descent, but of noble feus and dignities ; as the author of Obser-
vationes Eujenialojica, " Coronas hodie non esse indicia nobilitatis avitae, adeo ut
" nemo ratione nativitatis jus habcat coronam gestendi, prseter reguin seu impera-
" torum tilios, qui jure ipso nature principes habentur, &- jus coronse principalis
" armis imponendi retinent, cxteri non nisi ratione possessiones territorii in corona-
" titulum avecti habeant." Therefore, with us, the younger sons of our high no-
bility do not adorn their escutcheons of arms with the coronets of their fathers,
because they do not succeed to their dignities ; and none can legally use coronets,
but the children, brothers, and nephews of sovereigns, to show their royal descent.
And from those who are dignified with noble feus and titles, the right of carrying
coronets cannot descend to their younger sons, except they succeed to these feus
and titles ; but if otherwise they assume them, they must place them on the top
of their helmets, and not immediately on the shield.

Others again adorn their shields by special concessions of their sovereigns ; as
the Brandilins in Italy, by the concession of the King of Cyprus. And the
kings of Spain have laws and edicts very strict against using of crowns, by these
who have no right to them ; notwithstanding of which they have granted several
concessions to families and cities to adorn their arms with crowns ; for which, see
Obs?rvationes Eugeniahgica, at the title of Crown.

The practice with us and tlie English, of using coronets upon helmets, in place of
Wreaths, by the younger sons of the nobility, without special licence, ought to be
adverted to ; though they be not signs of dignity, as observed before, neither can
they be proper ones of a noble descent, but rather marks of some merit, favour,
or tolerance.

The dignified nobility, being temporal peers of the realm, and lords of parlia-
ment, are comprehended under the word lord barm, and have coronets ; of whom
there are five degrees, such as the title duke, marquis, earl, viscount, and lord :
And these are either declared such by feudal erections, their lands being erected
by the king into a dutchy, earldom, &c. The dignity of which feu, of old, did,
of itself, give the honour and privileges in whose favours the lands were so erect-

VOL. II. Q^q

44 EXTERIOR ORNAMENTS.

ed ; otherwise, both \vith us and other nations, they were honoured witli these
titles by a formal creation ; and, of late, by patents of honour from the sovereign
declaring them dukes, marquisses, earls, viscounts, and lords, taking their titles of
honour from a country, or part of the same, viz. a town, castle, places where they
have estates or dwellings. And some have their titles of honour from their offices,
as the Earls Marischals of Scotland and England.

To proceed then to treat separately of the coronets of the fore-mentioned five
degrees of dignified nobility ; they differ not only in form, according to the qua-
lity of the bearers, but according to the nation wherein they are. For though the
Scots and English have one form of coronets to the degrees of their nobility, yet
they differ from those of the French. In describing of which I shall begin with
that of a Duke.

The title of Duke came from Dux, a leader and commander of an army, who
enjoyed the title no longer than the command. But in process of time, great
estates being annexed to their office, this dignity became hereditary. King Ro-
bert III. conferred the title of Duke on his eldest son David Earl of Carrick, with
the title of Duke of Rothsay, anno 1399, and was the first of that dignity with
us : though others were soon after dignified with the title of duke ; as Robert
Earl of Fife and Monteith, the said king's brother, was made Duke of Al-
bany.

The form and ceremony of the investiture of a duke or earl, Stc. with us,
was very solemn ; as by our antiquaries and writers, which I think is the same
ahnost with those in England : for which 1 shall give an account of both their
solemnities.

With us, the candidate to be dignified was led into the presence of the king,
or his commissioner for that end, in ducal robes : and, after many ceremonies, the
king or his commissioner girds him v/ith a belt and sword, puts on his head
a coronet, and gives him a golden verge in his hand, with the charter patent of
his creation.

The English give a more fuU account of the creation of their nobility. The
first duke created with them was Edward, commonly called the Black Prince,
eldest son to King Edward III. who created him Duke of Cornwall in the nth
year of his reign, and erected it into a dutchy ; as may be seen in the charter
of investiture, taken notice of by Selden. There is no mention of any ceremony
but the girding with the sword ; and ever since the sons of the kings of England
have been Dukes of Cornwall without any other creation. But afterwards, in the
charters of investiture of Lionel Duke of Clarence, and John Duke of L.\ncas-
TER, both sons to the said King, there is mention not only of the sword, but of a
cap and coronet of gold ; and later times have mentioned the verge or rod of gold.
Our author say>, " The girding with the sword is to put him in mind, that he is
" hound to defend the king and kingdom in time of war ; and adorning the head
" with a coronet of gold is a token that he was a counsellor to the king and king-
" dom in time of peace. "

Since these times all kings have created dukes, and they are still growing more
numerous. The manner of creating a duke in England, according to English
writers is thus : " The person to be created, having his hood and surcoat on, is led
" betwixt a duke and a marquis, a marquis going before with his sword, and before
" him an earl with the robe and mantle on his arms. The mantle is of crimson
" velvet, guarded about the slioulders with four guards of frw/'/zf : on the right
" hand an earl bears the cap of state, (the same as the mantle) doubled ermine,
" but not indented, as those of the blood-royal are. The cap within a coronet of
" gold, adorned with leaves without pearls. On the left hand another bears a
" rod or verge of gold. All the said peers are to be in their robes, and thus to
" conduct him to the presence-chamber, where, having made obeisance three
" times to the king sitting in his chair, the person to be invested kneels down :
" Then Garter King at Arms delivers the patent to the king's secretary, and he
" to the king, who returns it to be read aloud ; and when they come to the word
" investitnus, the king puts the ducal mantle upon him that is to be made a duke ;
■■' and at the v/oxA gladh cincturamus, girds on his sword: at the words cappce is!
" chculi cLirei impositionem, the king likewise puts on his head the cap and coro-

EXTERIOR ORNAMENTS. 45

•' net of gold ; and at the words virgce aureee tradkionem, he gives the verge or rod
" of gold into his hand. Then the rest of the charter being read, wherein he ia
" declared duke, the king gives him the said charter or patent to be kept. "

I shall not insist here upon the privileges of dukes, but refer the readers to the
English writers upon that subject. The eldest sons of dukes are, by the courtesy
of England, stiled marquisses ; and their younger sons lords, with the addition of
their Christian name, as Lord John, Lord James, &-c. and take place of viscounts r
and the same practice is with us, though not authorised by any laws of the land.
A duke has the title of Grace ; and being wrote unto is stiled Most High, Potent^
and Noble Prince. Dukes of the blood-royal are stiled Most High, Most Mighty,
and Illustrious Princes.

The coronet of a duke with us, both of old and at this time, is a circle of gold
adorned with precious stones, brightened with leaves like those of the oak tree,
smallage, or great parsley: Such an one is to be seen adorning the shield of
Alexander Duke of Albany, brother of King James IH. on several impressions of
his seal of arms. The tiara or cap of the coronets of all the dukes of England,
Scotland, and France, are of crimson velvet turned up eiinine ; but the turning up
ermine is not indented, because that form belongs to the princes of the blood-
royal.

The Saxon word Marquis was anciently appropriate to the Lords of the Marches,
frontiers countries, and towns upon the sea-coasts ; which has since become a title
of special dignity next to that of a duke. The manner of creating a marquis
differs little or nothing from that of a duke ; and it were too tedious here to men-
tion them again, especially since these ceremonies are in desuetude. The first that
was dignified with the title of marquis in England was Robert de, Verx Earl of
Oxford, Marquis of Dublin in Ireland, by King Richard IL in the year 1337.
And the first that enjoyed that title in Scotland were the Earls of Arran and
HuNTLY, who were both solemnly invested in one day, (after the manner of
a duke above mentioned) with sword and coronet, at Holyroodhouse, the 17th
of April 1599, their titles being Marquis of Hamilton and Marquis of Huntly.

The coronet of a marquis is a circle of gold, adorned with flowers or leaves, as
a duke's, and points with pearls on them ; but the leaves are higher than the
points pearled. A marquis's mantle has only three guards of ermine and a half,
to distinguish it from a duke's, which has four. Tlie title given him in writing, is,
Most Noble, Most Honourable, and Potent Prince. By the king they are stiled
Our Right Trusty and Entirely Beloved Cousins. The honour is, like the others,
hereditary; and the eldest son of a marquis is, by the courtesy of the land, called
Earl or Lord of a place ; but the younger sons are called Lord John, Lord Thomas,
or the like.

The marquisses in France for their coronet have a circle of gold adorned with
jewels, and brightened with four flowers (like those of the marquisses. in Britain)
between twelve points, each topped with a pearl.

The title of Earl is more ancient than thjit of a Duke, or any of the five titles
of dignity before mentioned. It is said, by Selden and others, to have come from
the Saxon word Ear-etbtl, which in time was abridged to Ear-el, and afterwards,
by abbreviation, to Earl, signifying Noble of Honour. Some bring it from the
Saxon word Elderman, a judge, being of the same degree with the Latin Comes, by
some called a Count, when speaking of foreigners ; and the same is still preserved
in the consorts of our Earls, who are called Countesses.

Earls were very anciently with us, even in the time of King Malcolm U. as
appears by several passages of our laws and histories. Torfaeus, in his History of
Orkney, speaks of one Melbrigidus comes in Scotia, before the year 900, and of
another Meldunus. Fordun, another historian of our country, tell us, " That
" Kenneth III. King of Scotland, was killed by Finel, daughter of Gruchin Earl
" of Angus. " And Sir James Dalrymple, in his Collections, is of opinion, " That
" there might be such earls with us of old : But the dignity was not annexed to
" their families, nor hereditary to their descendants, till the reign of .Malcolm
" III. after whom there is frequent mention made of earls, and a constant succes-
" sion of that honour in families, that possessed great lands and baronies in the
" kingdom. "

46 EXTERIOR ORNAMENTS.

By our old charters and evidents, it appears that the title Comes was only added
to the Christian name, without mentioning then- lands ; as in the charter of Ivnig
Alexander I. to the church of Scoon ; the witnesses there are Malus comes, Madncb
comes, who were Earls of Strathern and Athol. This charter was about the year
1115 : as Sir James Dalrymple, Collect. Appendix, page 373.

In England the same practice was, as Selden observes ; of which he gives
several instances : A? AUunits comes, Rogerus comes, which continued to the reign
of Richard I. who ascended the throne in the year 1180; and then the earls vi'ere
designed after their countries and lands.

In Britain there have been Earls, or Counts Palatines, who had a more eminent
and royal authority within their territories than the ordinary earls ; as the Count
Palatine of the Rhine in Germany is preferable to ordinary counts there. In Eng-
land we find mentioned the Earls Palatines of Chester, Pembroke, and Durham :
These, says Segar, had royal power within their own jurisdiction : The first of whom,
Hugh Lupus, was made Earl of Chester by William the Conqueror, and the
county of Lancaster was made Palatine by Edward III. as our last mentioned au-
thor tells us, " That the Earl Palatine of Lancaster had under him barons, chan-
" eery, and great seal ; and the same had the bishops of Durham and Ely. " The
offices of the barons were to sit in council and parliament with their earls in their
respective palaces ; and for magnificence these earls kept their grandeur and festi-
val days in their provinces, as absolute princes. Our author here calls their place
of residence a palace, which cannot be so said of ordmary earls : And I cannot but
take notice, that King James VII. in his charter of erection of the earldom of
Winton and lordship of Seaton into a free regality, through all the charter calls the
house of Staton prilatiu?!!, a palace; and, with submission, I think that those earls
whose earldoms are erected into a regality, may be understood Palatines. We
find few or none called Earls Palatines, mentioned in our records, but Walterus
Comes Pal atinus de Strachan; and Sir George Mackenzie gives this reason why
they were so few, " Because the Lords of the Regality had the same power. "

The manner of creation of earls is the same almost with that of a duke. The
robes of state almost the same, and honoured by the cincture of the sword, impo-
sition of a cap and coronet of gold on their beads, with a verge of gold put into
their hands. The robes and mantles are of crimson velvet, doubled vi^ith ermine,
as those of dukes or marquises, but have only three guards of ermine ; and the cap
is also of crimson faced up ermine, called galerus or beretum, especially with the
Germans : with the English the coronet is a circle of gold, enriched with stones of
several colours, of old not brightened either with points or flowers, as Sandford ob-
serves in his Genealogical History of the Kings and Nobles of England, as by
those coronets on the effigies of the deceast Earls, Henry Lacy of Lincoln, and
William de Valence, whose circles were not brightened. And that the first circle
or coronet brightened with leaves or flowers, was that of John of Ekham second
son to Edward II. who was created Earl of Cornwall by his brother Edward III.
the second year of his reign.

Of what forms, of old, were the coronets of our ordinary earls, I cannot be posi-
tive ; but in latter times they are the same, as now used by the English, viz. a circle
of gold adorned with jewels, and brightened with points topped with pearls, alter-
nately with flowers, like these of the marquises, but the points are higher than
the flowers, for difference. The title to an earl is. Right Honourable and Truly
Noble Lord.

French earls or counts, according to Columbier, wear only on their shield of
arms, and not elsewhere, their coronets of gold, brightened with nine large
pearls, raised on points above the rim. And other writers since Columbier tell
us, " That the counts in France have their circles brightened with nine great
" pearls only."

The immediate degree of dignity next to that of an Earl is a Viscount, in Latin,
Vicecomes, quasi Gubernaturiis coviitatum, a lieutenant -to an earl or count, and so
was only officiary, and the same with sherifl" of a county or shire. Some of them
(as Selden writes) having obtained a feudal gift by inheritance or usurpation, in
their jurisdictions, by these means they obtained a setrl d dignity, which kings
afterwards bestowed on others. For having in their hands old dutchies and coun-

EXTERIOR ORNAMENTS. 47

ties by forfeiture, recognition, or otherwise, they erected out of them this feudal
dignity. In France and Spain there are several nobles of this dignity, but none in
Germany ; nor were any with us till the year 1606, that King James VI.
created Thomas Lord Erskine Viscount of Eenton, (now Earl ot Kelly), and
John Ramsay Viscount of HADDiKoroN, afterwards Earl of HuLutRNESs in Eng-
land. The reason Sir George Muckenz-ie gives for that dignity being so late
with us, is, because our kings gave not the government of counties and shires
to earls, but appointed sherids, who depended upon themselves. The cere-
monies of creation of a viscount with us is the same almost with an earl,
with this distinction, that the robes of a viscount have two burs and a half
only.

The coronets of viscounts with us are a circle of gold adorned with dia-
monds, and brightened with thirteen great pearls only, without either points or
flowers.

Some French heralds give to their vi&counts only a plain circle of gold : but
Favin brightens the rim of it with pearls, and ordinarily with four : as the author
oi Obseivationes Kugdniulogicis:, thus, " Laminam auream nudam, vel quatuor tan-
" turn unionibus conspicuam." Menestrier brightens their circles with nine pearls,
3, 3, and 3 together.

To let us see what the Enghsh say, besides Segar, Guillim, and others, I shall
give the words of the author of the New Dictionary of Heraldry lately printed.
" Viscounts, in Latin Vicecomites, says he, are well known to have been no other
" than deputies or lieutenants to earls or counts, as proconsuls were the degree
" under consuls. There were no such in England before the reign of Henry VI.
"who, in his i8th year, created John de Belmont a Viscount ; and it is since bc-
" come a name of dignity between an earl and a baron, as the marquis is between
" the duke and the earl ; whereas formerly it was only a name of office ; for the
" sheriffs were called Vicecomites, as being vicegerents to the earls, on whom the
" several counties depended. The ceremony of his creation is so much the same
" with that of a baron that it is needless to repeat it here. He has also a sLir-
" coat, hood, mantle, verge, cap, and coronet ; the doubling of the cap all white
" without spots, as are the guards of his mantle, being two and a half, to dis-
" tinguish him from a baron, who has but two ; and that fur is called miniver,
" being made up of the bellies of squirrels. The rim of his coronet of gold is set
" round with pearls, not confined to any number ; which is another distinction
" from a baron, who has but six ; but they must not be raised above the said rim.
" The title given him is Right Honourable, and Truly Noble, or Potent Lord.
" He has the privilege of having a cover of essay held under his cup when he
" drinks, and a traverse in his own house ; and a viscountess may have her gown
" borne up in the presence of a countess by a woman, and out of it by a man. The
" eldest son of a viscount has no title of peerage, nor are his daughters ladies ; but
" his eldest son and daughter take place of all gentry, and before those of a baron.
" In France, according to Columbier, viscounts have only a circle of gold, or a co-
" ronet enamelled with four large pearls on it. "

Again, the said Dictionary tells us, " That a viscount's coronet has neither
" flowers, nor points raised above the circle, like the other superior degrees, but
" only pearls placed on the circle itself, without any limited number, which is his
" prerogative above the baron. "

Matthew Carter narrates, " That this title of viscount is derived from the same
" order in France : And that viscounts at first were only substitutes to earls ;
" till getting themselves into power, got also to have the title Honorary and He-
" reditary, between the earl and baron ;" it being the same word which signifieth
our sheriff, and began not in England till about the i8th year of King Henry the
VL who then created John Lord Beaumont Viscount of Beaumont, by letters
patent.

Though Sir John Feme tells us of it in the time of King Henry L and King
Stephen ; and though the elder sons of dukes are stiled earls during their father's
lifetime, as also the eldest sons of marquisses are stiled by their fathers viscounties
and baronies, and called lords, and the younger sons saluted with lord, yet it is by
courtesy only that they assume these titles.

Vol. II. R r

4i EXTERIOR ORNAMENTS.

To this degree ot" a viscount was allowed (by the Parhament of England in
the reign of King James I. monarch of Great Britain) a surcoat, mantle, hood,
and a circulet, without either flowers or points as foresaid, and is created with
the same ceremonies that those of a higher dignity and title of honour above him
are.

The last degree of our high nobihty is the Lord Baron, or Lord of Parhament.
Which title of baron is as ancient in Britain as any of the titles before mentioned,
and came in place of thane, as a barony did for thanedome ; since which time the
word baron denoteth all kinds of lords of parliament, as well earls as others : And
baronage is a collective of all dignities. For now there is no duke but is also mar-
quis, earl, viscount, and baron, and so are those of the dignity of marquis, earls,'
and viscounts ; and all of them are barons or possessors of honourable possessions,
which is the root of all feudal dignities.

The word baron is variously interpreted, as first coming from the Greek word
baria, which signifies autboritas gravis, a wise and discreet man. Bracton inter-
prets it, robur belli. Again, Sir Henry Spelman saith the Gothic word bar, barn,
or bern, is the same in Latin with vir, whose derivation is from vi, force ; and from
thence, sunt et alii potentes sub rege qui dicuntur barones, id est, robur belli. And
taking it in that sense we now understand it. Sir Henry Spelman calls him aliens
feodalis, and vassalus capitalis. " Husjusmodi sunt (saith he in his Glossary, page
" 79.) qui pagos, urbes, castra, vel eximiam ruris portionem, cum jurisdictione
" acceperant a rege ;" and the word vir or homo (as with the English, baron and
femme, for man and wife) may be applied to those who had territories given them
under the tenor of homage, as becoming a man to him that gave them, and were
tailed barons. But not to insist farther on the derivation of the word baron, I shall
give the words of the author of the new Dictionary of Heraldry, lately printed at
London, 1725, in octavo, as follows :

" Baron, from whence derived, is no easy point to determine ; the Romans hav-
" ing had no such dignity among them, though they had the word : and Bracton
" says the word barones imports men of valour. They are the lowest dignity
" among the English peerage, but were of great power and authority in former
" ages, as may be seen by those that read the barons' wars. All that is said about
-' their original, being only guess work, we shall pass it by, and speak of what is
•' evident. All the peers of England sit in Parliament by their baronies, though
" they be besides, dukes, marquisses, or earls ; and the archbishops and bishops
" have baronies annexed to them, as abbots had formerly, in right whereof they
•' are said to sit among the peers. But there is no doubt of the spirituality being
•' a distinct body from the temporahty, and so they were formerly reputed in
" England, and are to this day in other nations, howsoever they may be here
••' looked upon now, which is not our business to discuss. Barons are divided into
" three sorts, viz. barons by tenure, barons by writ, and barons by patent. The
" barons by tenure are the bishops, who enjoy their baronies by virtue of their be-
=' ing chosen to their sees. A baron by writ is he that is culled to sit in Parlia-
" ment by the sovereign without any preceding title, of which there have been
" many instances ; and the sons of noblemen during the lives of their fathers,
■' when they had no right as yet by their birth to sit among the p^ers, have been
" often summoned to the House of Lords in this manner."

" The manner of erecting a baron by patent is thus : He appears in court in his
" long robe and hood, attended by several persons of quality, two heralds walk
" before him followed by Garter King at Arms holding the king's writ ; a baron,
" supported by two gentlemen of distinction, brings the robe or mantle, and so
-' they come into the king's presence, kneeling three times. Garter delivers the
" writ to the Lord Chamberlain, which is then read, and when they come to the
" word therein, investimus, we have invested, the king puts on his mantle, and the
" writ being read out, declares him and his heirs baions. The writ is gi\en to
" the king, who delivers it to the new baron, who, after returning thanks for
" the honour received, withdraws with the same attendance as he came, to enter-
" tain the nobles that introduced him at dinner. When dinner is brought up,
" Garter coming to the table with the heralds, cries largess, and repeats the king's
" stile and titles, and then, at some farther distance, they again cry largess, and

EXTERIOR ORNAMENTS. 49.-

" proclaims the titles of the new made baron tlius : The most noble Lord N. N.
" Baron of N, &-c. and then bowmg, they withdraw, crying, twice more, largess,
" largess. Where note, that these declarations are made ni French. So Mr
" Glover in his Nob^ Pol. et Civ. of Barons made by writ, he says thus. The new
" baron having received his writ, when tlie Hovise of Lords is sat, Garter Knig at
" Anns, bareheaded, and wearing his kingly coat, goes before the said baron,
" who is led, by two of the last barons in their robes, into the House, and brouglu
" before the Chancellor, to whom, after kneehng twice, he delivers his writ to
" read. The Chancellor having read it, congratulates hmi upon his new honour,
" and so dismisses him to take his seat, which is sliowed him. Garter still going be-
" fore ; and the Chancellor delivers the writ to the clerk of the Parliament to be
" laid up : After which the baron enjoys all the honours and prerogatives due to
" a baron." Glover as above.

King Richard the II. was the first that erected a baron by patent, in the year
1388, being the nth of his reign, wlien he conferred that honour on John Beau-
champ of Holt, Baron of Kidderminster, investing liim with asurcoat, hood, mantle,
cap, and verge, being all the same with those of a viscount, only with this diffe-
rence, that a viscount has two guards and a half of miniver, and a baron but two.
The baron is not girt with a sword, nor had they any coronets till the reign of
King Charles II. who gave them a circle of gold with six. pearls set close to the
rim. The title given a baron is Right Noble Lord, and it is allowed him to have
the cover of his cup held underneath whilst he drinks : and a baroness may have
her train held up by a woman in the presence of a viscountess : The eldest son of
a baron has no particular title, nor are his daughters ladies, but the eldest son and
eldest daughter take place of all other gentlemen and ladies : The coronet of a
baron in France, says Columbier, is a circle of gold enamelled with a string of
pearls round about it, which they place over their ai-ms.

In former times great lords and knights of renown used ehaplets of pearls, and
did set them on their heads in summer or hot weather ; such was the chaplet of
pearls given by King Edward the III. of England to Eustache de Rjbeaumont, his
prisoner of war, as to the person, that had fought best, and forgave him his ransom.
For they mistake who think it was a count's coronet, the same being only a pre-
sent and honom-able reward in token of valour and liberty, according to the custom
of those days.

The word baron, says Matthew Carter, is^ a general title in England (as it is al-
so in Scotland) to all lords of the Great Council of Parliament, and in Naples ani
Lombardy, where all those lords that aa'e called titulati are in general stiled barons.
This word w'as used by the Danes in the stead of thane, which was among
the Saxons a title of honour, and being next the king,, he was called the king's
thane.

And Selden tells us, folio 87. " That in the laws of William I. instead of the
" earl, king's thane, and middle thane of the Saxon times, the title of count or
" earl, of baron, and of valvasor are used." By which we understand it to have
been, though not in the same name, yet notion, a feodal honour of great antiqui-
ty. And Sir Henry Spelman says, " They were such as had not only castles,
" towns, or great part countries in their juridiction, but they had their valvasores,
" (minores, 1 conceive ; for there were then valvasores,. majores, et minores ; mUi-
" tes, et libere tenenles') which should signify an honour of command in the com-
" nion wealth."

It has been a common opinion, that every earldom- in times past had under it
ten barons, and every barony ten knights' fees holding of him : But those knights'
fees (says other authors) were uncertain for number. However, we find many
barons created in the times after the coming in of the Normans, that held both of
knights' service, and of the crown in chief, which were either spiritual or tempo-
ral ; and it is certain, th?J: all honorary barons, from the Conquest till the latter
time of King John, were only barons by tenure.

The spiritual barons were distinguished from the temporal thane, in time ot the
Saxons, by holding their lands free from all secular service, excepting trinoda ne-
cesshas, (as it was called) ; which was assistance in war in building of bridges and
castles ;, and this continued till the fourth year of William I. who then made the

so EXTERIOR ORNAMENTS.

bishopricks and abbies subject to knights' service in cliief, by creation of new
tenures ; and so first turned their possessions into baronies, and thereby made
them barons of the kingdom by tenure, as says Mr Selden in his Titles of Ho-
nour, chap. V. fol. 699, 704. " That all bishops, abbots, priors, and the like,
" that held in chief of the king, had their possessions as baronies, and were ac-
" cordingly to do services, and to sit in judgment with the rest of the barons in
" all cases, but cases of blood, from which they are prohibited by the canon
" law."

William the Conqueror of England distributed the lands there amongst his Nor-
mans, into several possessions, called counties and baronies, to be holden of him
for military services. As before him did our King Malcolm M'Kenneth his lands
of Scotland, which he possessed by a hereditary right, to his native subjects, in-
to earldoms and baronies, from which they had the honourable titles of earls and
barons. And these again distributed parts of their lands to their followers, called
mi/ites, who likewise give part of theirs to other men called vassals, each hold-
ing subalternately of others, and the barons of the king for military services, and
other feudal duties. So that these kings knew thereby the strength of their king-
doms, and what number of horse and foot they could bring to the field in time
of war.

Barons were those who held their possessions immediately of the king, and were
heritable members of the king's council, now called Parliament, by the tenure of
their holdings, as well with us as in England ; where, about the end of the reign
of King John of England, there arose a distinction of barons, majores et minores.
To the first, as being more potent, particular writs were issued to each of them,
summoning them to Parliament, and the minores were called by a general sum-
mons executed by the sheriffs in their several counties, whose title of baron dwind-
led into that of tenant in chief.

From the reign of King John to the middle of King Richard II. anno 1387,
there were two kinds of barons, as saith Selden, the one sort by writ and tenure,
and the other barons by writ only. The first were those who were actual barons
by possession, and had particular summons to Parliament ; the other barons by
writ only were such as were called by virtue of summons to Parliament, though
they possessed no baronies.

Mr Carter's account of those two kinds of barons, as in his Analysis of Honour
and Armory, page 44, 45, and 46, take as follows, " Barons (says he) by tenure
" are barons spiritual, as I said before, which are reputed peers of the realm, and
" were ever first in nomination, and take place on the prince's right hand in Par-
" Hament, being capable of temporal dignities, and some of them are accounted
" Count Palatines in their jurisdictions."

" And by tenure temporal, which are such as hold their honour, castle, or ma-
" nor, as the head of their barony, ^d-r baroniam, which is grand sergeantry : By which
" tenure they ought to be summoned to Parliament. See Bracton, lib. 5. fol. 351'
" and 357. But he is no lord of the Parhament until he be called by writ to the
" Parliament."

These barons by tenure, in the time of the Conqueror, and after, were very-
numerous; and, in his time, as I conceive, distinguished into majores et minores,
and summoned accordingly to Parliament: The majores by immediate writ from
the king, the others by general writ from the high sheriff at the king's command.

But they had also another distinction, which was, " The first were called only
" barons by tenure, and the last tenants in chief, which were after quite excluded
'' the Parliament, as Mr Camden says, fol. 122. in the reign of King Henry 111.
" by a law made, that none of the barons should assemble in Parliament but such
" as were summoned by special writ from the king. And that King Edward I.
" summoned always those of ancient families that were most wise, but omitted
" their sons after their death, if they were not answerable to their parents in un-
" derstanding." But Mr Selden's opinion is, " That not long after the grand
" charter of King John the law for excluding all tenants in chief was made."

From whence came that other dignity of barons by writ, the king summoning
whom he pleased, though he were a private gentleman, or knight, as many seculars,
2

EXTERIOR ORNAMENTS. 5i

priors, abbots, and deacons also; all which have been since omitted, that held
nothing of the king in chief, or grand tenure.

This title of baron by writ is by some esteemed only temporary pro termino par-
liamenti. But that cannot be, for the ceremony of his admittance signifies more
than a titular or temporary honour, which is 'this. He is first brought by the
Garter King at Arms, in his sovereign coat, to the Lord Chancellor, between two
of the youngest barons, who bear the robe of a baron; there he shows his prescript,
which the chancellor reads, then congratulates him as a baron, and invests him
with these robes, and sends him to take his place ; then the writ is delivered to
the clerk of the Parliament, and he by the Garter showed to the barons, and placed
in the house; and from thence is this title allowed him as hereditary.

Since these two sorts of barons in the time of Richard II. another has been
established, viz. barons by letters patent; which indeed are now more usual, and
continue to this day, who are all lords of Parliament, and of the last degree ot our
high nobility. For the said King Richard, in the nth year of his reign, first
created John de Beauchamp, Steward of the Household, Baron of Kidderminster,
him and the heirs-male of his body. And this coming afterwards to be the only
way of creation, they had (says Selden) commonly creation-money granted them,
as Sir Ralph Boteler, who had one hundred merks granted him annuity out of the
county of Lincoln.

Some of these minores do yet remain, as the barons of the cinque ports, barons
of the exchequer, &-c, which are called barons, yet have not the honour; such are
those that were created by Count Palatines, as the Baron of Kinderton, and some
few others.

As concerning the descent of this honour, and the extension of it, it many times
descends to heirs-female, as when there is no special entail on the heirs-male; yet,
then, no husband of that heir-female shall enjoy the title and honour, in right of
his wife, unless he have issue by her; as was decreed by King Henry VIII. in the
case of Mr Wimbry, for the stile of the Lord Talboys.

With us here in Scotland there was no distinction of greater or lesser barons,
but all were admitted to come to Parliament who had a free barony and power of
pit and gallows; till about the end of the reign of King James I. when, by an act
of Parliament, anno 1427, it was statuted and ordained, •' That small barons need-
" ed not come to Parliament, but only two commissioners from each shire. All
" prelates, dukes, earls, lords of Parliament, and bannerets, or banrents, to be sum-
" moned by the king's special precept." Here we have the first distinction of
small barons, and barons lords of Parliament, so called, because they were sum-
moned out of the prime barons to come to Parliament. And, shortly after, follow-
ed their solemn creation and letters patent for making them lords of Parliament ;
the form and ceremony of their creation being thus : — He is brought in his robes
of state before the king, or his commissioner, by two of that order, his friends car-
rying before him a pinsel of taffeta rolled up, whereupon is his crest and motto,
and next a banner also rolled up, whereupon is his whole achievement ; and after
the ordinary oath is administered to him, the cincture of the belt and sword is
performed by the king or his commissioner, who also puts into his hand a patent of
his dignity ; then the Lyon King at Arms proclaims his titles. Sir A B of C,
knight, baron, and banrent, lord of our sovereign's Parliament, lord ot D. But
these ceremonies have been dispensed with, as also those in the creation of higher
dignities these everal reigns by-past; and the delivery of letters patent, passing
the seals, are sufficient now for that end. The robes of lords have two bars
erjnitie.

Lords or barons, with us, as well as in England, had no coronets till King
Charles II. by a warrant under his hand, in June 1665, allowed to barons or lords
of Parliament in Scotland a crimson velvet cap, with a golden circle decorated with
six pearls on the top, equally distant one from another, being the same with the
barons' coronets in England, a circle heightened with six pearls. The which war-
rant being registrate in the books of his Majesty's Secret Council of Scotland, I
here insert as follows.

The signature following being presented and read in council, was ordained to be
recorded.

Edinburgh, June 29. 1665. " Our sovereigi^ lord ordains a letter to be made

Vol. U. Ss

52 EXTERIOP. ORNAMENTS.

" and passed under the Great Seal of this kingdom, mentioning, That whereas the
" noblemen of higher degree of this kingdom, by titles of honour, were distinguish-
" ed from gentlemen of lower quality, in all coronations and parliaments, by scar-
" let robes and other marks of honour, wherewith they were adorned at their crea-
" tion, many ages ago, witii no small lustre ; in their particular degrees and places
" they were manifestly known to be different in their several stations : amongst
" which distinctions, the divers forms of coronets ordained for, and appointed to
" be carried by dukes, marquisses, earls, and viscounts, at the most magnificent
" coronation of the kings of Scotland, added no small ornament and state : All
" which considered, by reason the barons and lords of Parliament of this ancient
" kingdom, most famous in former times, who had place and vote in Parliament,
" and all other public conventions, by heritable right, have not had hitherto any
" ornament to their head in such solemnities as became their rank : And because
" it is just and reasonable that those of the degree of peers carry a mark of honour
" suitable to that of the peers of a higher degree, his majesty, willing to show all
" those of that degree, in time coming, his royal favour, doth by these presents or-
" dain and appoint, that they and their heirs, barons and lords of Parliament,
■" made or to be made at any public or solemn conventions, shall have and carry
" on their head a certain crimson velvet cap, with a golden circle decorated with
" six pearls on the top, equally distant one from another, on the day of the coro-
'• nation of his majesty's suc'cessors kings of Scotland; and also in all time and place,
•' and after the same manner that the viscounts of this kingdom, and other peers
" of higher degree of honour, carry and use their coronets, or may by right and
" custom use and carry the same : As also, that they may set it on their coats of
" arms, or anywhere else they please ; and his majesty ordains these his letters
" patent, that they may be the better known, to be insert and registrate in the
" registers of his chancery, together with the figure of the said cap: And also,
" that they be forthwith insert in the public office of the Lyon King at Arms,
" amongst the public acts thereof, whereby his servants, the Lyon, and the
" heralds, may have the surer knowledge of his majesty's command and com-
" mission, to observe and obey the same in all time coming, so often, and when-
" soever it shall be necessary, or occasion shall require. And these presents shall
*' be a sufficient warrant to the Director of the Chancellary to write, and the
- Lord Chancellor, or Keeper of the Great Seal, to append the same thereto : As
" also, to the Lyon King at Arms, to registrate the same in the books of his office,
" and give out extracts thereof. Given at our Coui't of Whitehall the 2d day of
" June 1665 years."

The forecited M. Carter, in his Analysis of Honour, page 48. tells us, " That' a
" baron of England, as a lord of Parliament, is reckoned among the peers of the
" realm, and privileged amongst them in all those things. As first. In all trials
" of criminal causes, he is not tried by a jury, but a bench of peers. If for treason
" he be indicted, and shall stand mute, he shall be convicted, but not prest; but if
" it be for felony, his standing silent shall not convict him. Upon any trial of
" peers, the lords that are to give verdict are not, like a jury, put upon their
" oaths, but upon their honour. A peer of the realm is not to be empannelled in
" any jury but what concerns the king's inquiry. Neither are they to be arrcbt-
" ed by any warrant of a justice of peace, either for the peace or good behavi-
" our. Neither is he to be put upon his oath, upon any appearance he shall make
" in court; but his !>onour to be esteemed as binding. And whereas all burgesses
" of the commons are sworn to suprcmacy, the barons of the upper-bouse of Par-
" liament are not, 5th Eliz. C. 1. with many other privileges."

Mr Miege, in his State of Britain, tells us likewise, " That the nobility of Eng-
" land, (now all those of Great Britain since the Union) are also free from all ar-
" rests for debts, as bein^ the king's hereditary counsellors. Therefore a peer can-
' not be outlawed in anv civil action, and no attachment lies against his person :
" But execution may be taken upon his lands and goods. For the same reason
" they are free from all attendance at courts leet, or sheriff's turns : Or, in case
" of a riot, from attending the service of the posse comitatus. And to secure the
" honour of, and prevent the raising of any scandal upon peers by false reports,
" there is an express law, called sctindahtm magnatum, by which any man convict
'? of a false and scandalous report against a peer of the realm, is condemned on an

EXTERIOR ORNAMENTS. 53

" arbitrary fine, and to remain in prison till the same be paiil. They have other
" privileges which I pass by for brevity's sake ; yet none has that of the granilec-
" of Spain, to 'be covered in the king's presence.*'

The form of creating a baron by patent, according to the said Carter, ib. page
49. is in this manner. " The king sitting in state in the presence-chamber ;
" first. The heralds by two and two, and their Garter Principal King, alone, pro-
" ceed, bearing in his hand the patent of creation ; next to hmi a baron, bearing
" tlie robes, and then the person to be created followetli betwixt two other barons.
" Being entered the chamber of presence, they make their obeisance to the king
. " three times. Ciarter then delivereth the patent to the Lord Chamberlain of the
" Household, and he to the king, and the king to one of his principal secretaries
" of state, who readeth it, and at tiie word iiivcstimus, the king putteth on him
" the baron's robe. So soon as the pvitent is read, it is to be delivered to the king.
" who gives it to him that is creatctl. Then he returning thanks for his great
" honour, withdraws in the same manner he came in, the trumpets sounding ;
" and so he goes to dinner, where, after the second service is gone up, the Garter,
" with the rest of the iieralds, cometh near the table, where first pronouncing
" largesse, with a loud voice, he declareth the king's stile in Latin, French, and
" English ; and then standing somewhat further off, pronounceth largesse again,
" with the stile of him that was newly created. In which form (says Mills) was
" H'lLLiAM Cecil created Lord Burleigh, 15th of February, 13. Elizabeth."

Silvanus Morgan, lib. 3. p. 24. observes, " That the circles of the crowns of
" all the degrees of nobility are of one form (though variously heightened as bc-
" fore described) to show them to be pares regni."

The coronet of a lord in France is a golden circle adorned with bracelets of
.small pearl.

Our learned countryman. Sir George M'Kenzie, in his, Science of Heraldry,
page 91, tells us, " That the first origin of crowns in arms, was from the Romans,
" App. lib. 2. de Bell. Civil, for they rewarded the great actions of their citizens
" and warriors with different and suitable crowns, which 1 here narrate out of the
" ingenious Mr Cartwright."

Corona muralis, this was due to him that was first seen upon the wall of the
enemy. The forecited author of the new Dictionary says, " That a mural crown
" or garland was of gold, being a circle, and on its battlements like those of a
" wall, given to him that first mounted the breach, or any ways was the first that
" broke into an enemy's town : which honour was due to the meanest soldier,
" as well the greatest commander, if he could prove he had been the first that
" entered the place. On the circle of this coronet there were lions engraved to
" express the undaunted valour of the bearer. Again there was the corona cas-
" trensis for him that made a breach in the camp of the enemy." The said
dictionary says, " That a vallar-crown or garland, called also castrensis, was of
'• gold, and consisted of palisadoes, or the likeness of them standing up all about the
" gold circle, given by the general of the army to him that first broke into a for-
" tified camp of an enemy, or forced any place pahsaded after the manner that
'■ the outwards of strong places generally are, and therefore the palisades were re-
" presented upon the coronet, to denote the exploit performed by the bearer."

Again the Romans had the corona navalis, the naval crown or garland, which
was of goLI, adorned with the heads and sterns of ships, or gallies. as aLo sails £cc.
given to him that had first boarded an enemy's ship or galley, and been, by that
means, the occasion that the same was taken. With such a coronet her late iSIa-
jestv Queen Anne honoured Captain James Moodie commander of the ship Prince
George, to ensign his helmet with, instead of a torce, and thereon to place his
crest, for his merit and great services done to her, and, in particular for relieving
the town and castle of Denia in Spain when besieged by the French in the year
1707 and 1708. As in the Appendix to this book, page 23.

The Romans had also the corona triumphalis, or triumphal crown or garland,
which was made of laurel, and granted only to generals who had vanquished their
enemies and had the honour of a triumph granted them by the senate of Rome.
This was said to have been taken from Apollo's crowning his head with laurel
after killing of the Delphic serpent, and it was as much esteemed by the Romans
as if it had been of gold.

54 EXTERIOR ORNAMENTS.

Corona ovalis, oval crown or garland, was made of myrtle, and granted to
those who had obtamed a victory with little hazard ; and was first given to those
that were victorious at the loHan games, instituted by the Thebans in memory of
their hero lolus, near his tomb ; and therefore this was a mournful garland. The
Romans bestowed the same sort of garland on their generals who had vanquished
their enemies without bloodshed, or surprised some important place without strik-
ing a stroke, as also on those that had subdued slaves or pirates, not reckoned worthy
of the Roman valour, and consequently not to deserve a triumph.

Corona obsldialis, or obsidional crown or garland was made of grass, and given
to him that held out a siege, or caused it to be raised, repulsing the enemy, and de-
livering the place. So Fabius Maximus had no greater reward than this crown, for hav-
ing delivered the city of Rome from Hannibal, after the unfortunate battle of Cannx.
Corona civica, or civic crown or garland, was given to a brave soldier who had
saved the life of a fellow-citizen, or rescued him after being taken prisoner by
the enemy, exposing himself to save another. And this was only made of oaken
leaves with the acorns, if they could be so had; because that tree was dedicated to
Jove, who was reckoned the protector of cities, and their inhabitants. This crown
was made of oaken boughs, says Sir George M'Kenzie.

Corona olivalis, olive crown or garland, was made of olive leaves ; and was
given, among the Greeks, to those that came off victorious at the Olympic Games,
kept in honour of Jupiter, at the foot of Mount Olympus. But, though highly
valued amongst these people, this, and others like it, were only a reward for run-
ning, wresthng, or such like exercises ; and therefore nothing comparable to the
martial rewards among the Romans, who also gave this crown to those who had,
by their wisdom, reconciled two enemies.

The said Sir George M'Kenzie mentions also the corona populea, which, he says,
was given to young men that were found industrious and studious in the exercises of
virtue. But, amongst these rewards of honour, that of ivy, called corona hederalis,
was only appropriated to the poets.

The aforesaid Roman crowns or garlands, though made of leaves or grass, were
as highly valued as if they had been of gold, because they were only bestowed on
such as had purchased them by their singular bravery ; whereas, of late, golden
coronets have been too frequently bestowed upon no other desert than wealth, and
even that sometimes meanly gained. All the ancient rewards of garlands are now
expired, and it is well they are when so little regard is had to real merit. Favour
and affection are sufficient to advance the least deserving, and very often those who
have done most are the least looked upon, if they have not some powerful interest
to support them. He that runs away sometimes carries the prize from him that
fought the battle.

There is another ancient crown, being a circle with high points rising therefrom,
called an open or antique crown, which Silvanus Morgan says is that crown borne
by Homager Kings, and by John Baliol, when he held the crown of Scotland of
Edward the I. of England. But I beg the gentleman's pardon (says Sir
George M'Kenzie, ibid, page 92.) to tell him, that, of old. the Roman Emper-
ors carried no other than these, after their apotheosis, and being numbered among
the gods,

Fulminibus manes radiisque oniobit & astris. LuCviN.

And generally all kings of Christendom, of old, as I said before, carried theirs
iii that shape, as L'Oseau also well observes.

There is also a Turkish crown, if we may so call it ; for, in reality, the Grand
Signior has no crown, but instead of it he wears on his head a great turban of fine
muslin, held out by a wire that keeps it from falling together, and adorned on the
sides by two rich jewels of diamonds and carbuncles, with fine heron's feathers
standing up above, and costly pearls hanging below, and sometimes crescents, or
half moons, two chains of gold and precious stones hanging at the two aforesaid
jewels, and crossing the turban before. The Bashaws and other great men have
turbans of another sort.

The Doge of Venice wears for his crown a great pointed cap of cloth of gold
■encompassed with a gold circle, covered with precious stones, two long ears or lap-

EXTERIOR ORNAMENTS. 55

pets of the same cloth of gold hanging down on the sides of it pointed at the ends;
though they have lately taken the close crown like monarchs.

I shall only observe (and then have done with this chapter on crowns) that the
name is originally derived from horns ; for the ancient Jews and Gentiles looked
upon horns as tokens of supreme honour and power, and, in scripture, we often
find the horn taken for royal dignity ; and therefore Moses's face is said to have
been horned, the same word in the Hebrew fignifying a crown and a horn. The
most ancient knights and warriors wore horns for their crests ; but, in process of
time, great men left them otl", and, instead of them, took crowns. The most an-
cient kings wore only wreaths, either white or purple, in nature of the present
Turkish turbans, as a token of royalty, or else circles of gold with points rising
from them like that of the open or antique crown ] before mentioned.

And now having sufficiently treated on the crown and coronet, with its tiar or
cap, 1 proceed to the ca() of state, which also adorns the achievement.

CHAP. IX.

OF THE CAP OF STATli.

TO leave nothing untreated of that embellisheth hereditary achievements of
families, I have added this chapter, wherein I shall describe this cap of state
or di^nitv, and its ancient and modern use.

It IS of crimson velvet faced up ermine, with two points turned to the back, nor
unlike in figure to our Scots coivl, so called.

It is frequently used in armories by the English, which they say is from, or in
imitation of, the caps of the Roman generals, who having obtained a victory, and
returning in triumph, had this cap of state carried before them, by their most
worthy captive.

It is now called a ducal cap. For the wearing of this cap had a beginning from
the dux, or duke, who was so called, a ducendo, being leader in war, that is, ge-
neral of an army to emperors and kings, and is now given to others of inferior dig-
nities, and so cannot be an ensign of dignity, but given as a token of triumph and
victory.

Yet, of old, by the ancient practice of the English, and ourselves in Scotland,
none but princes and dukes used to wear it on their heads or helmets, or timbred
their achievements therewith as an ensign of royalty or dignity. iMr Sandford
tells us in his Genealogical History of the Kings of England, " That King Ed-
" WARD the III. and his successors Kings of England, down to King Edward the
" VI. had on their seals of arms this cap of state. For on the cuts of their seals
" there is to be seen on one side the figure of the several kings represented on
" horseback in armour, with this cap of state on their heads, and the crest ol'
" England set thereupon." Which helmet, cap, and crest adorn also their es-
cutcheons.

Prince Edward, eldest son of King Edward the III. had the same cap on his
head, surmounted with the crest of England, and charged with a label of three
points. And Henry Duke of Lancaster, the second of that dignity in England,
carried on the helmet of his achievement such another cap, in place of a wreath,
whereupon was placed his crest, being a lion passant gardant.

The author of the dictionary to Guillim says, " That the word chapeau is the
" common French word for a cap or hat ; but here it is taken for an ancient cap
" of dignity worn by dukes, being scarlet coloured velvet on the outside, and lin-
" ed with a fur ; of late frequently to be seen above a helmet instead of a wreath
" under gentlemen's crests. But formerly (continues he) they were rarely to be
" found the rijral of private families : They after became frequent, together with
" ducal coronets by the grants of Robert Cock, Esq; Clarencieux, and others since
" him, but by his in particular." Thus that author. But I do not find this ducal
cap in any other called chapeau, except in the Display, where it. is more properly
also called a cap of dignity ; and Columbier calls all sorts of such caps bonnets : but

Vol. II. T t

56 EXTERIOR ORNAMENTS.

gives the name of chapeau to that which we properly call a hat, and not to a cap
or bonnet.

With us Sir James Balfour, Lyon King at Arms, in his Manuscript of Exterior
Ornaments, says, " That he has seen the seal of arms of Archibald Earl of Doug-
" las, Duke of Touraine, Great Constable of France, appended to a charter grant-
" ed by him to the progenitor of the Earls of Winton ;" which charter is supposed
to be in their custody ; on which seal is the said duke's achievement, and the hel-
met ensigned with a cap of the same form, as mentioned before. The present
Duke of Douglas had the same on his achievement painted and illuminated on his
coach, which I saw anno 1708 ; but observed that, through ignorance, the painter
had drawn the points of the cap forward, which ought properly to be turned to
the back or sinister side of the helmet.

The said Sir James informs us, " That he had likewise seen the seal of arms of
" John Stewart Duke of Albany, Earl of March, Lord Annandale, and the Isle of
" Man, Governor of Scotland in the minority of King James the V. appended to
" a treaty with King Henry the VIIL of England, upon which was his achieve-
" ment, and on the helmet placed above the same, was set, instead of the wreath,
" this cap of state."

And the present Earl of Home, carrying in his armorial achievement for crest,
a lion's head erased, with this cap of state, gules, turned up ermine. I could
give several other examples ; but these may suiEce to prove its usage here in Scot-
land.

But now this chapeau, or cap of state, has lost its former eminent dignity, by
the bad practice of some modern heralds, who not only give it to all the degrees
of high nobility, wiiich is somewhat tolerable, but even to the lesser nobility, as
may be seen in Richard Blome's Treatise of Honour, Military and Civil, subjoined
to Mr Guilllm's Display of Heraldry. Where the achievements of knights, baron-
ets, and batchelors and esquires are represented engraven on copperplate, having
their helmets and other parts of their achievements ensigned with this cap of state,
which ought not properly to be carried by any below nobility, considering that
none but kings, dukes, and high nobility were allowed, of old, to carry the same
in their armorial bearings.

Yet the French have no such chapeau, as a sign of dignity and eminent virtue,
though they have of another form, used by their chancellors, and presidents of
Pailiament, as ensigns of their civil dignity, and with which they always adorn
their arms ; of which after. But first of marks of ecclesiastic dignity, of which I
ihall treat in the next chapter.

CHAP. X.

or ENSIGNS BELONGING TO ECCLESIASTICAL DIGNITIES.

A ND first, as to the Pope, who is the supreme dignity in the church, being
X~ 4. the head bishop, and, as it were, sole monarch in spirituals among Roman
C^ iiolics, throughout the whole world. He is chosen by the cardinals, and his
S(.e has always been at Rome, whence his orders, by the name oi briefs and bulls,
are dispersed throughout the universe. The bulls are so called from bulla, a great
leaden seal hanging to them. This may suffice concerning him, as being sufficient-
ly known ; and yet the controversies about his authority are endless ; and there-
fore it is needless to say any more of him, but only what relates to the exterior
ornaments that he is in use to carry in adorning his armorial bearings.

The Popes of Rome have been in use to carry and adorn their paternal arms, not
OP a formal or ordinary shield, but an oval cartouch, as it is called, and the
Italians, for the most part, have their shields of arms after an oval form, in imita-
tion, it is thought, of those used by popes and other eminent churchmen. This
oval cartouch the popes adorn with their papal ensigns, being the tiara, keys, and
cross staffs.

The tiara papalis is an ornament of the head, being a high cap of silk envi-
roned with three crowns of gold, placed one ahove the other, adorned with pearls

EXTERIOR ORNAMENTS. 57

and precidus stones. The top of the cap surmounted with a mond ot gold, or
precious stone, ensigned with a cross, as that of the emperors ; having two labels
or pendents at the sides of the tiar, hanging down, and again turned up; which
tiar or triple crown, called the reirne, is the sign of sovereign supremacy, as
they say, over the universal church, and is placed above the cartouch of the pope's
arms.

The author of the new Dictionary of Heraldry says, " That the papal crown is
" hke a deep cap or mitre, of cloth of gold, encompassed with three coronets or
" circles of gold, adorned with flowers, and all embellished with precious stones,
" and on the top the globe, and on it the cross." There are several of these triplu
crowns kept in the Roman sacristy, some say to the number of four, with as many
rich mitres, which serve only for ornament and show, being too heavy to wear.
The richest of which was made by Tope Julius the II. An account of which may
be seen in Motraye's Travels, vol. I. page 346.

The two keys, one of gold and the other of silver, are placed in saltier on the
banner of the church, which is of red silk. And they were also placed behind the
cartouch of the pope's arms saltier-v.ays, as symbols of their power in opening and
shutting the gates of heaven and hell. The pope carries also, by way of supporters,
two angels proper, who are placed in a sitting posture one on each side of the car-
touch, and each with one of their hands supporting and bearing up the triple
crown, and with their other hands holding each a long staff with three traverses
near the top ; which traverses end in trefoils, and are of the same metal with the
keys.

The cardinals are now become ,the first of all the clergy of the popish church,
next to the pope. That which raises them above bishops and patriarchs is the
power they have during the vacancy of the see of Rome ; as having the right to
choose a new pope, and being themselves the persons on one of whom that elec-
tion falls. These high prerogatives have gained them the title of princes of tlie
church ; and, as such, few princes in Italy contend with them for precedence,
being reckoned little inferior to crowned heads : For this reason the popes have
thought fit that they sliould be clothed in scarlet, especially upon public occa-
sions, as kings and emperors commonly are, though that colour was given them, as
they say, to put them in mind that they are always to be ready to shed their blood for
the true faith. But though they wear red garments on ordinary days, that being
the colour of blood, yet, on days of sorrow, they pat on violet or purple, which is
more dark and mournful. Pope Innocent the IV. was the first that gave them
the red hat. At the council of Lyons, in the year 1244, Boniface the VIII.
granted leave to the secular cardinals to wear the scarlet robe, when the popes
began to wear white. Paul the III. gave them the red cap ; and, lastly, Gre-
gory the XIV. allowed the religious cardinals to wear it, but that they should
still be clothed in the colour of their order. The creation of cardinals is wholly
in the pope, who only communicates the same to other cardinals, and they give
their approbation. 'Ihe new created cardinals go the same day to visit the pope,
who puts the red cap on their heads, they kneeling, and the master of the cere-
monies puts on their rochet ; then having taken off the cap, the new cardinal
kisses the pope's foot and hand, and then they rise, and the pope embraces them ;
after which, when the pope gives them audience, they sit down and are covered.
The red hat is afterwards given them in a public consistory, on their knees, and
then they go to church, and Te Dtimi is sung. The pope performs he ceremony
of shutting their mouths in a private consistory, and they are opened again in the
same manner a few days after ; that done, he gives each of them a title of bishop^
priest, and deacon, putting a gold ring on their fourth finger, to signify their be-
ing married to the church. The cardinals that are absent when chosen have the
cap sent them, and is set on their heads by the sovereign in whose dominions they
reside. As for the red hat, and the other ceremonies, they cannot be performed
anywhere but at Rome ; for the hat must be given by the pope himself, who al-
so confers the title, after the ceremonies of shutting and opening the mouth.
Thus many cardinals die without ever receiving the red hat, because not at Rome.

The cardinals' exterior armorial murk of dignity is the red har, with wliich rbey
timbre their shields, having red strappings, with fifteen tassels hanging; dowQ at

58 EXTERIOR ORNAMENTS.

each side of the shield. Pope Innocent III. discharged them to use coronets or
other badges of their secular dignities, but few complied therewith, save the Ita-
lians, for those of France continued to carry in their achievements all their marks
of dignity, politic, civil, and ecclesiastic. As Cardmal Richlieu, commonly design-
ed the Cardinal, Duke, Peer, High Admiral of France, and Commander of the Royal
Order of the Holy Ghost. For he in his armorial bearing carried below his cardi-
nal hat a ducal crown placed upon his escutcheon, and round it the Order of the
Holy Ghost, and behind the shield two anchors disposed in saltier, for his badge,
as being High Admiral of France.

Albert Archduke of Austria, son of Maximilian II. Emperor of Germany, who
married Clara Eugenia, Infanta and daughter of Philip II. King of Spain, placed
on his escutcheon an arched crown, and above it a cardinal's hat, with tifteen
tassels hanging down at each side of the shield, which he carried as being a cardi-
nal. See his seal of arms exhibited by Olivarus Uredus.

Archbishops, primates, and legates, place a cross staff" with two traverses at the
top, erected in pale in the middle of the back of their shields of arms, and above
the same a green hat with ten tassels hanging down at each side of the shield ; as
Monsieur Baron, in his Abrege Metbodique, blazons the achievement of Camille
QE Neuville de Villeroy, Archbishop and Earl of Lyons, Primate of France, and
Commander of the Royal Order of France, viz. azure, a cheveron between
three anchors of the last : which shield of arms is environed with the blue ribbon,
and thereto affixed the pendant of the royal order, and timbred with an earl's co-
ronet ; and behind the shield is placed, in pale, a cross staff, with two traverses
near the top, surmounted of an archbishop's green hat, with its proper number of
tassels, being ten on each side.

Bishops place on the dexter side, and on the top of their shields of arms, a mitre
affronte, (i. e. looking forward) and behind the sinister side of the said shield they
carry a crosier, erected in pale, with its hooked head appearing above the shield
as high as the mitre, turned to the left, and the foot of it appearing below at the
bottom of the left side thereof; and above all, a green hat with six tassels hanging
down at each,:side of the shield.

I do not find that our bishops in Britain have used to carry hats and tassels, as
a part of their armorial ensigns, before the year 1520, but only mitres and crosiers ;
for I have seen several seals of our ancient bishops, in formal shields placed below
the images of saints or mitred bishops, supported by angels, and adorned with
mitres and crosiers only.

Particularly I have seen the seal of William Fraser Archbishop of St An-
drews, who flourished in the reign of King Robert the Bruce, where the shield of
his arms is only timbred with a mitre below the feet of St Andrew.

And on the seal of John Cameron, Bishop of Glasgow and Chancellor of Scot-
land, appended to an indenture between Jean, widow of King James I. and Sir
Alexander Livingston of Callender, concerning Sir Alexander's keeping of the
young king's person, dated 4th September 1439, where his arms are only timbred
with a mitre, and at the sides of the shield are two salmons erected with rings
in their mouths; and the legend round the seal is, Sigillum Joannis Episcopi
Glasguen. The same arms are cut in stone, with a salmon below the shield,
as they are to be seen on the vestry of the church of Glasgow, which that bishop
built.

The modern method that our British bishops use in adorning the shields of their
arms, is. That our archbishops only place a mitre affronte on the top of their
shields, with two labels or pendants fixed thereto, hanging down, waved and
folded on each side of the shield ; and behind the same, two crosiers disposed in
saltier, with their hooked heads appearing above, and the points of the same com-
ing out below the bottom of the escutcheon. And, in most of paintings and he-
raldry books, bishops only adorn their shields of arms with a mitre placed on the
top thereof, with pendants hanging down as aforesaid, without making use of any
other exterior ornaments.

Abbots of the popish church timbre their arms with a mitre in profile, or stand-
in,;:: sideways, on the dexter side of the top of their shields, and a crosier erected in
pale, placed at the back of the sinister side thereof, with its hooked head appear-
2

EXTERIOR ORNAMENTS. S9

iiig above the shield, raised as high as the mitre, and turned to the right, and above
both is a black hat, from which issueth a knotted cord, with six tassels hanging-
down on each side of the shield.

But on the beautiful abbey of Paisley are to be seen the arms of Gkorge Shaw,
(a brother of the family of Sauchie) Abbot of the said abbey, wiio adorns only the
shield of his arms with a crosier, erected in pale, at the back of the middle there-
of, with its hooked head appearing above the same.

As also on the abbey of Holyroodhouse is to be seen, cut on stone, the arms of
Abbot Archibald Crawfurd, a brother of the house of Haining, and Treasurer to
King James 111. where his shield of arms is only adorned with a mitre placed on
the top thereof. But I never could find that any of our abbots of old made use of
the black hat and tassels, as an addition of exterior ornaments to adorn their armo-
rial bearings.

On the seal of Andrew, Commendator of Jedburgh, I saw his arms cur,
. adorned only with a crosier erected in pale, placed at the back of the middle
of the shield, and the hooked head thereof appearing above the same, turned to
the right.

Abbesses carry their arms in a lozenge shield, and adorn the same with a
crosier erected in pale, at the back of the middle thereof, with its head above
the lozenge, turned to the right, and the shield is ordinarily either environed
with a chaplet of flowers, two palm branches, or a crown of thorns tied to the foot
of the crosier, that appears below the base point of the lozenge.

Prothonotaries of the church of Rome timbre their shields of arms with a black
hat, having three tassels hanging down at each side thereof.

Priors and Provosts of the said church carry, behind the middle of their shields,
erect in pale, a pastoral staff, like to that of a pilgrim's bourdon. And the shield
is also adorned with two palm branches tied to the foot of the said staff, appear-
ing below the shield, and raised on each side thereof as high as the top of the
staff.

Deans of that church carry a crosier erect in pale behind the middle of their
shields, with its hooked head appearing at the top thereof, turned to the left,
adorned with two palm branches, disposed after the same method as carried by the
pnors above.

Chanters of the same church carry the staff or mace of the chapter, erected in
pale at the middle of the back of the shield, with the head thereof appearing at
the top. Also tiiey adorn the shields of their arms with two palm branches dis-
posed after the same method as the last.

And other inferior ecclesiastics of the church of Rome abroad trim and adorn
their shields of arms with cherubims, who are said to be the second of the nine
orders of angels.

As for the ancient use of these ecclesiastic marks in armories, Menestrier tells
us, " That the cardinal's hat, the crosier, and cross staff, have been in armories
" above three hundred years; and which figures have made up the arms of
" many churchmen. "

The custom of timbring archbishops' and bishops' arms with the hat was
first practised in Spain, as some will, and the arms of Don Roderico Fernando,
Bishop of Jaen, was so trimmed in the year 1400, which are still to be Seen at
Basa.

In Alimond's History of the Council of Constance, printed at Augsburg in
the year 1483, are the arms of four patriarchs, viz. of Antioch, of Constantinople,
of Venice, and of Jerusalem, timbred with green hats.

The hat upon arms of bishops is not ancient in France, says Menestrier ; and
the use of it was only brought in there by Tristan de Saladzes, Archbishop of
Sens, a Spaniard, about the year 1520. But 1 find in England, out of Sandford's
Genealogical History, that Henry Beaufort, (second son of John Duke of Lan-
caster, by his wife Catharine Swinford) who was a cardinal, had his arms timbred
with a hat. And with us in Scotland our ancient bishops carried mitres and cro-
siers only ; but in all my readings 1 have not met with any of them to have car-
ried hats before the year 1520,

Vol. U. U u

00 EXTERIOR ORNAMENTS.

The mitre is made forked, to intimate that those who have right to carry it,
ought to be known boch in the Old and New Testament. And though very ancient,
yet it is not universally to be met with on escutcheons of arms ; because upon
sepulchral monuments, where they are most ordinarily to be found, we meet fre-
quently with the representation of the person interred cut on stone, upon whose
head is set the mitre, and not upon his shield of arms, just as we find crowns on
the seals of kings, &.c. first on the bearers' heads, before they were placed on their
shields of arms.

As for the antiquity of prothonotaries, placing on their arms a black hat doubled
with green, Charles de Grasaria, in his Treatise of such Ornaments, printed in the
year i545, says, " Protonotarius timbrum addit ex pilio iiigro duplicate viridi co-
lore. " And about this time chanters began to place the staff or mace of the chap-
ter behind their shields of arms.

It has also been the custom of the commanders of the religious orders to place
the badges of these orders in their arms, by way of composition. But as to the
antiquity of churchmen impaling and quartering their arms with those of their
sees, -the same is to be found in the year 1329, and sooner.

It is to be observed, that all the above churchmen who use and carry the exte-
rior ornament of a hat above their arms, have also a cordeliere, (issuing out of the
same) which is a cord with two running knots on each side, whereat hang down
the foresaid tassels on both sides of the shield, and are always advanced in number
according to the person's degree in ecclesiastical preferments, from a protonotary
to a cardinal.

Sir George Mackenzie tells us in his Precedency, pages 29 and 30, That the
Roman patriarch was by Phocas the Emperor raised above all the rest in the year
606, since which time they have raised themselves by several degrees to the pa-
pacy ; though it cannot be denied but, even before that time, the bishop of Rome
had the first seat in all councils, as is clear by Justinian's Novella, 131. cap. 2.
But the power of presiding did still belong to the emperors, as has been fully
cleared by Cursius and others. And though it be pretended that Constantine the
Great did, from Christian humility, prefer the successor of St Peter (as vicar of
Jesus Christ) to himself, yet the Emperor Frederick I. did conscientiously debate
this precedency V\'ith Pope Adrian IV. since which time it has been variously ac-
quiesced in by popes and emperors. And though the legates be representatives
of the popes, yet Thuanus tells us, lib. 98. that the learned Brissonius, President of
the Parliament of Paris, would not suffer the pope's legate to precede him ; and at
the coronation of the Emperor Charles V. the pope's legate was denied the prece-
dency from the electors.

The cardinals have debated for precedency with patriarchs ; though by the
Novella 132. cap. 1. Justinian places patriarchs next to the pope; and Pauormit,
in Cap. Antiqua. X. de PrivUeg. 13 Excess. Prcelat. prefers the patriarchs to the
cardinals. But now, by the concession of Sixtus Quintus, that pope has raised
the cardinals to an equal degree with kings ; and if kings be present at table or
other solemnities with cardinals, if there be but one king, he is to sit after the first
cardinal bishop; and if there be more kings, they sit mixtly with the cardinals;
first a cardinal and then a king. But though this holds amongst popish princes,
yet the author of Les Memoires des Ambassadeurs does observes, That Leicester,
Trotius, and the other ambassadors of protestant princes, never yielded precedency
to cardinals, till our countryman Sir William Lockhart, Ambassador for Oliver
Cromwell to the Court of France in the year 1657, yielded it to Cardinal Mazarine;
where he likewise observes, that the Prince of Conde yielded the precedency to
Cardinal Richlieu, yet the Count of Soissons refused it.

I find by a letter in the year 1625, that before King James went to England,
the marquisses of Scotland took place of the archbishops ; but now the archbishops
take place of all dukes and marquisses, in imitation of England. And by a letter
in the year 1626, renewed in the year 1664, the Archbishop of St Andrews is to
take place of all subjects, which is to be so limited as not to exclude the king's chil-
dren and brothers, as I conceive ; and de facto the Archbishop of St Andrews gives
place to the Chancellor, ever since the letter.

EXTERIOR ORNAMENTS.

CHAP. XI.

ENSIGNS OF CIVIL AND MILITARY OFFICES, AND OTHER I'OLITIC ONES OF DIGNITY AND
CHIVALRY.

IN treating of tliese, I shall take occasion to mention all such dignitied persons
as I have met with, who adorn the shield ot" then- arms with exterior ensigns
and figures suitable to the offices and dignities they have been honoured v\ ith by
the sovereign; with the manner ot" usage and situation of such badges of honour
in and about the shield, as their symbola ailministrationis.

And, first, as to the armorial ensigns of civil offices of dignity, I shall begin witli
the Lord High Chancellor, or Keeper of the Great Seal, who is looked upon (says
Mr Miege, in his State of South Britain) as the prime minister of state, and the
highest person in the kingdom in civil affairs, after the king and princes of the
blood, as the Archbishop of Canterbury is in England, and that of St Andrews in
Scotland, in ecclesiastical affairs. His place is of great trust: He keeps a court,
called tiie Court of Chancery, wherein he is sole judge. It is he that now keeps
tlie Great Seal of Britain, without which and the mace he never appears abroad.
All patents, commissions, and warrants, coming from the king, are perused by him.
If they be lawful he signs them, and if not, he cancels them. By virtue of his
office lie is one of the King's Privy Council, and ought to have a tender regard for
the rights of the crown. He also bestows all benefices in the king's gift under
twenty pound yearly, in the king's books. His office is durante beiieplacitu. The
Lord Chancellor and Lord Keeper is the same in authority, power and precedency
in England. All the difference is, that the Lord Chancellor is created by patent,
■which the Lord Keeper is not; and that the title of chancellor is a particular mark
of the king's favour.

The Lord Chancellor, with us, (says Sir George Mackenzie, in his Precedency,
page 39.) is in effect the first officer in the nation, and is by his office, and by a
particular statute, president in all courts. Act. I. Pari. i. Charles II.; which act
was made to declare that he was president of the exchequer, as well as of other
courts, this having been pretended to by the treasurer. He hath his title not
from the power of cancelling, as the old Gloss says, that " Cancellarius est qui
" habet officium scripta responsaque principis inspicere, & male scripta cancellare;"
for it is not imaginable that he would take his title from what he destroys, and
not from what he does; but from the canct-lli et banes, within which the judges
did sit inclosed, as is clear from Cassiodor. lib. ii. epist. 1. These canceUani of
old were in effect the clerks; and the chancellor is so called now because he signs
all the public papers, and appends his seal. " Ideo quod ad eum universcE publicae-
" referentur conscriptiones, ipseque eos annulo regis sive sigillo firmaret." Simaq.
lib. I. calls him, " Questor legum, conditor regalis, consilii particeps, justitiae ar-
" biter:" Which names I conceive are given to him, because Novel, 114. " Di-
" vinas jussiones debent habere subscriptionem glorissimi questoris;" and many of
the Novels are signed questor lejuin. The Lord Chancellor of Scotland doth not
receive his authority as the Chancellor of England doth, who hath no other com-
mission but merely by the delivery of the Great Seal of England, as the learned
Coke observes: But with us the chancellor's place is always conferred by com •
mission under the Great Seal, and very often during life; as also the Chancellor
and Lord Keeper in England have the like jurisdiction. But we had a Lord
Chancellor and a Lord Keeper of the Great Seal, who were distinct persons, as I
could prove by a number of instances too prolix here to insert.

By the laws of King Malcolm 11. I find ten pounds is ordained to be paid to the-
King's Chancellor, for his fee of the seal appended to the charter of every hundred
po".nd land. Where, observe, that every hundred pound land is set down for the least
p-Dortion and measure of a barony, or holding of the king. Now we know that
ai) hundred pound land, at least, will be thirty or forty, and some 50,000 merks ia
g-' d rent; so that the barons of old were powerful, and had under them milites,
and these had subvasores. Also in the laws of King Malcolm Canmore, the chan-
cellor is placed before ail the officers, and sometimes many of the considerable earls

6; ' EXTERIOR ORNAMENTS.

are placed betwixt him and the vest of the officers. Thus King Alexander grants
a charter, tesiibus Willu'lmo de Bosco Cancelturio meo, Mulcdmo Cumite de Fife,
AJano Senescallte Scotia;, &.C. But it is observable, that the officers of state of old
were in ancient writs oftimes ranked according to the quahty of the bearers, and
not according to the precedency of the offices.

The Lord Chancellor of England (says Sylvanus Morgan, in his Sphere of
Gentry, lib. 4. cap. 6.) carries, as the badge of his office, in pale, behind the shield
of his arms, a mace, being no other than a staff, ensigned with a crown. But his
chief symbol (says he) is the purse which he places below his shield, and is open,
with the strings pendent, fretted, nuved, buttoned, and tasselled gules, in a tield
ardent, embroidered all over with the sovereign ensigns of his majesty, denoting
the high magistracy of his office, being to confirm the gifts and grants of dignities,
offices, franchises, privileges, and immunities: " Et in Francia duo sunt officia,
" omnibus aliis excellentiora & principaliora, quorum unum est primum &- prius
" in justitia, aliud autem jure militari," &-c. The Lord Chancellor taking place
first for justice sake.

This high officer, with us, has been in use to place behind his escutcheon of
arms, as the badge of his office, two maces disposed in saltier, ensigned with imperial
crowns, and, below his achievement, the said open purse, embroidered with the
royal arms of the kingdom.

The Chancellors in France, besides the two maces placed in saltier behind their
shield of arms, carry also, as a particular badge of their office, a proper cap of
gold, (/7« niortier d'or^ turned up ermine, which is placed on their helmet, out of
which issues the crest of their office, being the figure of a queen representing
France, holding in her right hand a sceptre, and in her left the Great Seal of the
kingdom; and their achievements are ordinarily placed on a mantle of scarlet,
adorned with rays of gold towards the top, and doubled with ermine, as Monsieur
Baron tells us in his Art of Heraldry. But the chancellors there have not the
usage of the purse, as with us in Britain. And Daniel Fewel says. That Chan-
cellor Segnies was the first who had his arms so trimmed by the persuasion of the
learned herald, Mark de Voulosen de la Columbier.

The Presidents of the Parliaments in France place their proper ra/), being of black
velvet, edged with gold galoun, above their coronets and helmets, when of temporal
dignity, and of spiritual below their hats and mitres. And their achievements lie
upon a scarlet mantle doubled with petit gris, i. e. a grey furr made of squirrels'
tails, as set down by the fore-cifed Monsieur Baron.

The Great Chamberlain in France is called Grand Chambrier, and was con-
stantly possessed by the family of Bourbon.

The Lord Great Chamberlain of Engl.\nd, (according to Mr Miege, in his
State of South Britain) is an officer of great antiquity, and of special service at the
coronation of our kings. Upon which day, before the king rises, he is to bring
his shirt, coif, and wearing clothes; he dresses the king, puts on his royal robes,
and serves his majesty that day before and after dinner with water to wash his
hands. In the procession he marches with his coronet and a white staff in his
hand. He disposes of the sword of state to what lord he pleases, to be carried be-
fore the king when he comes to the Parliament ; at which time he goes himself on
the right hand of the sword, next to the king's person, and the Earl Marshal on
the left. The whole palace of Westminster being under his government, he issues
out his warrants for the fitting and furnishing of Westminster-Hall against corona-
tions, and trials of peers in Parliament time. He provides all things in the House
of Lords in the time of Parliament, and to that end he has an apartment near that
liouse, with the Gentleman-Usher of the Black Rod, the Yeoman-Usher, and door-
keepers under his command. Upon all solemn occasions the keys of Westminster-
Hall, of the Courts of Wards, and Requests, are delivered to him. At the coro-
nation he has forty ells of crimson velvet allowed him for his own robes. After
the king is dressed by him, and gone forth, his majesty's night apparel, his bed,
and the furniture of his chamber, are his fees. The very bason the king washed his
hands in, and the towels he has wiped them with, fall likewise to his share. There
are also certain fees due to him from all peers of the realm at their creation, or
when they do their homage ; and from all bishops, when they do their homage to
2

EXTERIOR ORNAMENTS. 6^

the king. This office is hereditary in the family of the IVIarquis of Lindsay in
England.

The Great Chmiberl.un of Scotland, (says Sir George Mackenzie, in his Pre-
cedency, page 40.) or Camerariiis Doinitu Regis, is the third great officer named in
the statutes of K-iiig Malcolm Canmore. And i find him \n old writs placed as
witness, before all the other officers, next to the chancellor. There was ALig/ius
Cjmerarius, who was chief judge over all the burghs: And there were others un-
der-chamberlains, who are oftentimes designed Camerarii, without the adjection of
Magnus: And I find in a charter granted by King David, in the year 1495, the
witnesses are Alexandro-- domino Huyine m.igno camcrmio nostra, yohanne domino
Diamond justicinrio nostra, Ricardo Miirehead secretario nostra, et l/Valtero Driimand
nostrorum rotulorum et registri uc a consiliis. This otlice is the same with Praepositus
sacri cubiruli, mentioned by Justinian. By the fourth chapter oi Regiam Majesta-
tem, we see the chamberlain's office hath been very great: For we find that his
fees have amounted to no less than two hundred pounds per annum, which he had
paid out of the profits of the escheats, fines, tolls, and customs accruing to the king
out of the burgiis over wliom the Great Chamberlain exercised a particular juris-
diction. The process and matters of inquiry that came before him is distinctly
treated of by Sir John Skene, to whom I refer my reader.

The Lord High Chamberlain in England, as the symbol of his office, carries
two keys in saltier at the back of the escutcheon of his arms, as says Sylvanus
Morgan, in his Sphere of Gentry, lib. 4. page 82. who also tells us, ibid. '■ That
" the Lord Chamberlain of the King's Household, as a badge of that office, car-
" ries one key in pale behind the middle of the shield of his arms, the same ap-
" pearing above his shield and coronet, and the bowl is seen below the same."

The Lord High Chamberlain, with us, is now hereditary in the family of the
Duke of Lennox, whose achievement I have seen adorned with two keys of gold
disposed in saltier behind the shield of his arms, having the bowls of the keys
downwards, and ensigned with imperial crowns as the badge of his office, after the
same form as those dignified with that high office in France; the figure and blazon
whereof is to be seen in Monsieur Baron's Art of Heraldry. As also in an old paint-
ing of the arms of the family of Lennox, 1 have observed their crests to have a
golden key hanging thereat.

The Lord Chief Justice of England (says Mr Miege in his State of Britain) is
so named, because his jurisdiction extends over all England, and a warrant from
him may fetch one from any part of it. He is also called Lord Chief Justice of the
Kind's Bench, because anciently the king sat there sometimes in person on a high
bench, and the judges on a low bench at his feet. This is the highest court in
England at common law, next to the House of Lords in Parliament. Here the
pleas are between the king and the subject; all treasons, felonies, breach of peace,
oppression, and misgovernment, being commonly brought before this court ; as are
also all errors of the judges and justices of England in their judgments and pro-
ceedings, not only in pleas of the crown, but in all other pleas, the Exchequer ex-
cepted. In this court, all young lawyers that have been called to the bar are
allowed to plead and practise. There are four judges belonging to this court, who
hold their office by writ, not by patent. But none may be judge in this court ex-
cept a sergeant at law, who (upon taking his degree) is obliged to wear always a
lawn coif under his cap at the bar. And the first of these judges is called Lord
Chief Justice.

The Lord Justice General, or Great Justiciar with us, (according to Sir
George Mackenzie, in his Precedency, page 39.) is in the laws of King Malcolm
Canmore placed nest the chancellor, though afterwards Scotland was divided into
two justiciaries one upon the south side of Forth who was called Justtciarius Lo-
thania, and in old charters Judex Laudonia; and the other on the north side of
Forth. This place has been generally possessed by noblemen, and is now the same
with us that the Chief Justice of the King's Bench is in England. His jurisdiction
extends over all Scotland, and a warrant from him may fetch one from any part
thereof. He keeps his court commonly at Edinburgh, called the Justiciary Court.
There are five commissioners, called Lords of Justiciary, besides the Lord Justice
General, and Lord Justice Clerk, that are judges in this court, where are tried all

Vol. IL Xx

64 EXTERIOR ORNAMENTS.

crimes tlsat reach to life and limb (as we express it) of the criminals, be they peera-
or com'moiiers; aad the matter is submitted to the cogniiance of a jury, which is
not allowed in civil courts in cases oi meum and tuum, excepting the High Court of
Exchequer, of which afterwards. The jury consists of fifteen persons, and the
foreman is called the cbLiiicellor of the assize, or jury. In case of the trial of a
pf:!;r, the greatest part of tlie jury were to be peers; but they are now, since the
Union, to be tried as peers ot Great Britain. The votes are collected by the chan-
cellor, or foreman, and the major part determines the matter. This court siti
everv tridav in the afternoon, during the time of the Session, or term. All cri-
minals those accused of treason not excepted, are allowed the benefit of advocates
or counsel to plead for them in this court.

I have met with no author that mentions any figures or symbols made use of by
the Lord Chief Justice of England, in his armorial bearing, as a badge of his office.
But our Justice General in Scotland, once hereditary in the family of Argyle, who
is also heritably Great Master-Household to his Majesty in Scotland, carries for the
badges of these high oliices, (as matriculate in the Lord Lyon's Register of Arms
in Scotland) saltier-ways, a batton and a sword suppressed of the shield, the first
powdered with thistles, proper, and ensigned on the top with the imperial crown
and crest of liis majesty set thereon; which symbol he bears as his particular
badge of Master-Household. The sword is proper, hilted and pommelled oi\ with
the point appearing above, and the pommel below the shield; which figure he car-
ries as being Heritable Justice General of the sheriffdom of Argyle, the isles and
others. But when our "justice General had no other high office beside the same,
he carried as the ensigns of this office two naked swords disposed in saltier behind
the escutcheon of arms, the points appearing above, and the pommels below tlie-
same. And this jurisdiction was amongst others possessed at Rome by the Prafec-
tus Pratori, who was their ch?ef magistrate.

The Lord High Tkeasurer (according to the fore-cited Mr Miege, in his State
of Britain) has under his charge and government all the king's revenue, which is
kept in the Exchequer, and consequently the check of all oflicers any ways employ,
ed in collecting the same, whose offices are also for the most part in his gift. This
office was formerly conferred by the delivery of the golden keys of the treasury,
and now by the delivery of a white staff, during the king's pleasure.

This offi'cer of state, with us, (says Sir George Mackenzie in his Precedency,
page 42.) is not mentioned amongst these officers of the crown under King Mal-
cofm Canmore, and of old it has been thought but an ofiice of the king's house:
For in a confirmation granted to the abbacy of Aberbrothock, in the year 1529,
by King James V. after revereiidissimis episcopis, and clileetis consanguineis, are enu-
merate as witnesses dilectis famUianbus nostris Roberto Barton nostra thcsaurario et
computorum nostronm rotulatore. Nor do I find a treasurer designed as witness in
any of the king's charters till then, though some foolishly think that Panetarius v/as
treasurer. And though the word familiar counsellor be now given to all ofiicers of
state, who are not earls-, because they cannot be called cousins; yet, of old, it was
only 'given to those of the king's own family, and was derived « Jamilia, though
noxi fumilinr is thought to be the same with intimate. But herein Sir' George is in
a mistake ; for King James L established the office of High Treasurer in Scotland
after his return from captivity in England. And I humbly think, that before this,
the Lord Chamberlain was in effect treasurer; for after this the jurisdiction of the
chan-iberlain was restricted to what more particularly related to the government of
the burghs, the charge and management of the king's property, and the other
casualties of the crown being committed to the care of the treasurer as a distinct
officer of state, whom henceforth we find almost constantly mentioned as a witness
in all the royal charters, grants, and commissions, that past the Great Seal, under
the designatiim of Thesanrarius noster.

The Court of Exchequer in Scotland (says Mr Miege in his State of North
Britain) is e'^tablished by an act of Parliament of Great Britain, anno sexto Anna
Regime, entituled, " An Act for settling and establishing a Court of Exchequer in
" the north part of Great Britain called Scotland," pursuant to a clause or proviso
for that p'H-pose in the 19th article of an act for an Union of the two kingdoms
of Scotland and England. This court has the same power, authority, privilege,

EXTERIOR ORNAMENTS. 6j

and jurisdiction over the revenue of Scotland, as the Court of Exchequer in Eng-
land has over the revenues there ; and all matters and things competent to the
Court of Exchequer ui England relating thereto, is likewise competent to the Ex-
chequer of Scotland. The judges are likewise invested with the power of passing
signatures, g;fts, and tutories, and to revise and compound them in the same man-
ner as was done by the Lord High Treasurer, Commissioners of the Treasury, and
Court of Exchequer in Scotland before the Union, and to receive resignations in
his majesty's name in the Exchequer at the time of the Union, and to appoint of-
ficers, as was in use to be done before. A.11 sergeants at law, barristers at law, of
five years standing, in any of the four Inns of Court of England, or such persons
as shall be advocates in the College of Justice in Scotland for five years, are quali-
fied to be made barons of this court. Their commissions are,, quamditi se ben,r
gesseriiit.

The Lord IliOri Treasurer of England, according to Sylvanus Morgan in his
Sphere of Gentry, Ub. 4. page 82. carried a staff ensigned on the top with an im-
perial crown, which he places in pale at the back of the middle part of his shield of
his arms, as the pecuhar badge or ensign of the said office. And Sir George Mac-
kenzie, in his Science of Heraldry, page 85, tells us, that the Lord High Treasurer
of Scotland carried a white staff ensigned also on the top with an imperial crown,
and placed in pale behind the escutcheon of his arms as the symbol of his office.
And the Lord High Treasurer of Great Britain now makes use of the same figure
as his badge in adorning his armorial bearing.

The Master of the Household, or mngis'.er Icspitii, is an officer that surveys the
accounts, and what related chietiy to the offices of the king's household or court,
and seems to have come in the place of the Senescallus, since we are pretty sure
%ve had no master of the household till after the most serene family of the Stewarts
came to the crown, and not just then either ; for we have no vestige of such an
officer, so far as I have been able to trace them, before the Restoration of King
James 1. anno 1425. But whether this officer in England is in use to carry any
distinguishing badge thereof in his armorial bearing, is what I have not as yet dis-
covered. But I find that the fam.ily of the Earl of VVinton, as Master-Household
to our kings of old, carried tv/o battons gules, powdered with thistles of gold, and
ensigned on the top with an imperial crown, whereon is placed and set the royal
crest of the kingdom, and disposed in saltier beftind the shield of their arms. And
the family of Dalmahoy of that Ilk, as being Under Master-Household to King
James^VI. and King Charles the I. which oflice he got by patent from the first,
and confirmed by the second, (which I have seen) wherein he has the allowance
to place one such batton erect in pale behind the middle of the escutcheon of his
arms. This office of Great Master^Household is now hereditary in the family of
the Duke of Argyle, who being both Great Master-Household to the king, and
Justice-General i.f the kingdom, adorns his armorial ensigns with one of these bat-
tons for the office of Master-Household, as is above narrated.

The office of Cup-Bearer to our kings being of old hereditary in the predeces-
sors of the family of the Earls of Southesk, they carried a golden cup in their arms
as the badge of their olTiGe. But this figure being no exterior adornment of the
shield, 1 pass it over, now treating on the Exterior Ornaments only.

We had also of old in Scotland the office of Panetaiius, who commanded over
all the bakers, and Buttelarius, who had the like command over all the keepers of
taverns, £ic. and were inferior offices of the king's household under the High
Stewart of Scotland. And I fijid in the letter directed from the nobility of Scotland
to Pope John, in the reign of King Robert the Bruce, dated at the Monastery of
Aberbrothock, the 6th of April 1320, that the Lord Souhs was Buttelanus Scotice.
And I have seen a charter wherein John and Thomas Murrays, sons to Sir An-
drew Murray, Governor of Scotland, were designed Panetani Scotia, upon the
forfeiture of John Cuming Earl of Monteith. in the year 134S. And which Earl
of Monteith was formerly designed Panetarius. .•

Monsieur Baroa, in his Art of Heraldry, gives us the arms of the Comte de
CossE, Grand Paneter of France, who, as the badge of that office, carries (says
he) below his shield, on the dexter side thereof, a cup, and on the sinister a stan-
dish with pen and ink. But whether these of that office with us ever carried such

66 EXTERIOR ORNAMENTS.

symbols as the distinguishing marks thereof, to adorn their shield of arms, I have
not discovered, though it is very probable they have borne the same, seeing in all
our method of heraldry we commonly follow the usage of France.

The King's Forester, in Scotland, (says Sir George Mackenzie, Science of
Heraldry, page 3.) carried hunting-horns as the badge of that office. Ihus (con-
tinues he) Burnet carries a hunting-horn in his shield, and a Highlander in a liunt-
ing garb, and greyhounds for his supporters, to show he was his Majesty's Fo-
rester in the Northern Forest, as Forrester of that Ilk is in the south : For which
he also carries three hunting-horns. And the Grand Huntsman, or Veneur, in
France, carries (says Monsieur Baron) as the badge of his office, two hunting-horns
affronte, garnished and placed below the shield of his arms.

I have seen the arms of Sir Alexander Erskine of Cambo, knight and baronet,.
Lord Eyon King at Akms, cut on copper, and trimmed thus; — above the shield
(whereon is his own paternal coat-armorial impaled with that of his office) is set an
imperial crown, and behind the same two battons seme of thistles, and St Andrew's
crosses disposed in saltier appearing at the foot, and at the top on each side of the
crown, and round the shield the collar of the thistle.

The Grand Aumonier, or Gre.vi- Almoner in France, is thought to be an
officer of the crown, and places under his arms a book marked with the armorial
shield of France for the badge of that office. And I have seen on the roof of
a hall in the house of Seaton the arms of John Hamilton, Archbishop of St An-
drews, where is placed behind the shield of nis arms, a cross staff erect in pale, and
below his escutcheon a book expanded. No doubt on the same account as being
Great Almoner in Scotland. The Almoner with us (says Sir George Mackenzie in
his Precedency, page 44.) hath no precedency for ought we know, yet is very oft
a witness in all charters granted by our kings, and some think that clericus noster
was almoner.

I come now, idly. To treat of the ensigns and badges of such military offices
(as 1 have met with) used by those officers as symbols in adorning their escut-
cheons. And shall begin with the Lord High Constable, of whom Mr Miege,
in his State of South Britain, says, " That this officer in England, whose power
" and jurisdiction was anciently so exorbitant, that it was thought too great tor
" any subject. In short (continues he) this office has been discontinued ever since
" the reign of King Henry the VII. Edward Bagot (or Stafford), then Duke of
" Buckingham, anno 1521, having been the last High Constable in England."
However, upon a coronation, a Lord High Constable is created /);o ilia vice, who,,
at that ceremony, marches in his robes with his staff and coronet in his hand. In
the Marshal Court he sat as judge, and took place of the Earl Marshal.

This high office with us is the same office (says Sir George Mackenzie in his
Precedency, page 41.) that the Comes Stab uli was under the Roman empire, which
may be confirmed by two clear testimonies of great antiquity, one is of Aimon,
lib. 3. cap. 7. " Landegesihs regahum propositus equorum, quern vulgo Comes
" Stabuh vocant :" The other is from Rhegino, lib. 2. " Annalium Burchardum
" Comitem Stabuli sui (quern corrupte constabulum appellabis) cum classe misit in
■' Corsicam :" Though the learned Cujacius does believe that this title comes from
one that commands a company of men of war, ad lunic. de comit. ct tribun. scalar.
And there are some who derive it from the word konhig, which signifies a king ;
■And staple, which signifies ahold, because some constables were commanders of
the king's houses : Though I find that the High Constable did command the king's
armies, but was expressly debarred from commanding either his houses or garrisons:
But now, with us, the Constable and Marshal take not place as officers of the
crown, but according to their creation as earls, the reason whereof I conceive to
be, because, of old, offices did not prefer those who possessed them, but they took
place according to their creation : For the Constable and Marshal, being now the
only two officers of the crown that are heritable in Scotland, continue to possess
as they did formerly. But in France, England, and all other places, the Constable
and Marshal take place as officers of the crown ; and it seems strange that these
who ride upon the king's right and left hand, when he returns from his Parlia-
ments, and who guard the Parliament itself and the honours, should have no pre-
cedency by their offices ; and yet I cannot deny, but that, of old, other earls were

EXTERIOR ORNAMENTS. 67

placed before them in ancient cliaiters, wherein Malcolm Earl of Fife is named
before tliem. The Constable with us was, by the laws ol K.ing Malcolm, cap. 6,
judge of all crimes committed within twelve miles of tlic king's house or habita-
tion; though Sir John Skene observes, that the best manuauipts bear only two
leagues : But now his juiisdiction is only e.\ercised cither as to cnnies or breach of
the peace during the time of the Tarharaent, which some extend bkewise to all
general conventions.

Upon a commission and warrant granted by King Charles 1. in the year 1631,
to several commissioners therein named, to search and make trial anent tiie
honouis and privileges belonging to the High Constable of Scotland, they, after a
diligent scrutiny, returned their report to his Majesty heieanent. The tenor
u hereof follows :

The Double cf a Report of a Commission anent the Privileges of the High Constable
oj i)COtland, which was registrate in Sir James Dalrymple's Chamber the 25th
March 1707', the pi incipal of which is still keptinthv cusiaiy of the Lat I o/'Err.ol,
hereditary High Constable of the Kingdom.

Most Sacred Sovereign,

" According to the warrant and direction of the commission granted by your
" Majesty unto us for trial-taking of the honours and privileges due to the otfice
" of High Constable within this kingdom, we have kept sundry diets and meet-
" ings (wherein the now Eail of Enol was prcient) and having heard and consi-
" dered his claims, and the instructions and warrants produced by him for verify-
" of the same, and having likewise informed ourselves what the customs of other
" countries allow in the like case, we have hereby thought good to set down our
" articles, our opinion and judgment concerning the said privileges, and there-
" withal to satisfy your Majesty of what we conceive to be due and belonging to
" the said Constable in the right of his office. In all royal ai-mies and expeditions,
" the Constable, in right of his office, is lieutenant-general, and supreme officer
" next unto the King. He has the command, direction, and government in the
" army, and is proper and sole judge in all military affairs, and in all actions con-
" cerning the captains, lieutenants, their officers and companies, enduring their
" employment or pay in the King's service, and that according to the custom uni-
" ver^a!ly observed in other countries, ido, It appears that in former times, here,
" the Constable had precedency and place next to the Chancellor with relation to
" whatsomtver officers ; and, so tar as we can leain, they have been in possession
" of the same till of late years that your Majesty's dearest father, of ever blessed
" memory, was pleased to prefer the late Earl of Dumbar to be High Treasurer
" of this kingdom, and that your Majesty's self sinsyne advanced the late Earl of
" Montrose to be President of your Council, and the Earl of Haddingtoun to be
" Lord Privy Seal, ordering them, in the right and warrant of their offices, to take
" place successively in their order, next unto the Chancellor, like as their suc-
" cessors in the said offices presently enjoy the same. y.io, The Constable is su-
" preme judge in all matters of riot, disorder, blood, and slaughter, committed
" within four miles of the King's person, or of the Parliament or Council repie-
" senting the same, and the trial or punishment of such crimes and offences is
" proper and due to the Constable and his deputies, and the provost and baillies
" of that city or burgh ; and all other judges within the bounds where the said
" facts are committed, are obliged to rise, concur, fortifie, and assist the Constable
" and his deputies in taking the saids malefactors, to make their tolbooth patent
" for receiving them therein ; as was clearly verified by production of warrants
" granted by your Majesty's predecessors to that effect, and which likewise ap-
" peared by exhibition of certain bonds made by the town of Edinburgh to the
" Constable for the time concerning that purpose. 4/0, The Constable has the
" cliarge of guarding the King's per^on in time of Parliament or Conventions, as
" also the keeping of the Parliament House is committed to him, and the keys
" thereof delivered to him for that effect ; he has likewise the chief command of
" all guards and men at arms attending on the King's person at such times. 5/0,

Vol. E. Y y

68 EXTERIOR ORNAMENTS.

" In time of Parliament the Constable rides on the King's right hand, and

" carries a white batten in token of command, and accordingly sitteth apart froai

" the rest of the nobility in the Parliament House on the King's right hand,

" having the honours lying before him. 6to, Before the thirteenth Parliament of

" King James II. the Constable was in possession of taking distress of all manner

" 01 goods bought or sold in markets in time of Session, General Councils, ParLa-

" ment or Conventions, which being at that time discharged till the Constable

" should clear his right to the same in the next following Parliament ; we find

" that in the table of the unprinted acts, of the fourteenth Parliament of the said

" King, there is mention made of an act touching the taking of strysses by the

*' Constable, but can find no record thereof extant in the register, 'jmo, In the

" original charter granted by King Robert I. of glorious memory, to Gilbert Lord

" Hay, first Constable of that name, and ancestor to Earl of Errol, we find the

" office of Constabulary to be given unto him cum hostilagiis, as a main and prin-

" cipal privilege belonging to the said office ; which being a word obsolete and

" out of use, and we not knowing perfectly the genuine sense and meaning there-

" of, and whether theti the same did import the liberty and right of a lodging duly

" furnished and appointed within the king's house, (as many do suppose) or some

" house in every town where the king did remain, or if there be any privilege or

•' casuality imported, we have, in that regard, forborne to deliver our opinion

" concerning the same. As also in putting the crown on the king's head at the

" time of his coronation. Which, with sundry other privileges, are only made by

" the Constable to be due to him in the right of his office, and whereof, as he al-

" leges his predecessors has been prejudged, and the same brought into discoun-

" tenance by reason of the many eclipses which that noble house from time to

" time has suffered on occasion of the loyalty of the most part of his predecessors,

" who, out of zeal to the king's service, and honour of their country, did in their

" days die worthily in battle before they could gain the opportunity of time, or

" ripeness of years, to settle their estates, to vindicate the liberties due to their

" place and office. And this for an account of our proceeding in the execution

" of the commission directed by your Majesty unto us, which we humbly lay to

" your Majesty's royal consideration, praying God to bless your Majesty with

" many long and happy years. From Holyroodhouse, the 27th day of July 1631.

" Sk iubscribitur, Duplin, Wigtoun, Linlithgow, Wintoun, Naiper, Areskike,

" Sir Thomas Hopj; of Balmano, Archibald Aitchison, A. Fletcher, Henry.

" Bruce." Extracted by

And, de facto, I find in the orders for the riding the Parliaments of Scotland at
Edinburgh, in the year 1661, 1681, and 1703, the Lord High Constable and
Marischal, are (in the morning of that day the Parliament is to be ridden) to wait
on his Majesty's High Commissioner at the palace of Holyroodhouse, and to re-
ceive his orders, and from thence, returning privately, the Constable is to come
out of his lodging on foot, and having viewed the rooms under and above the
Parliament House, put on his robes, and, having his batton in his hand, set him-
self in a chair at the entry of the Parliament Close at the Lady's Steps, by the
outmost of his guards, from which he is to rise and salute the members, as they
alight from their horses, and to recommend them to the gentlemen of his guards
to be conducted to the Marischal's guards. And at the Riding of the Parliament,
anno 1661, Gilbert Earl of Errol Lord High Constable of Scotland, received the
members of that Parliament (says the author of Mercurius Culcdonius, page 3.)
at their arrival at the Parliament Yard, attended with his guard of one hundred
gentlemen of his name, armed with swords, pistols, and gilded pole-axes. And,
at the return of the members of Parliament back to the palace, the Constable rides
on the High Commissioner's rig'nt hand with a cap of permission on his head.
How soon his Majesty's High Commissioner alights from his horse, in his coming
to the ParHament, the Lord Constable receives him, and attends him to the Marischal
guards, and then both Constable and Marischal convey him bare-lieaded to the throne,
and are in the same manner to attend him in his returning to horse. And always
during the sitting of our Parliaments, the High Constable kept. his guards without

EXTERIOR ORNAMENTS. 6g

the Parliament House, and the Marischal his guards within tlie same; the one to
keep the peace within, and the other without doors.

The badge of this high olhce in England, according to Sylvanus Morgan in
his Sphere of Gentry, /ib. 4. page B2. is a staff or batten, ensigned with an
imperial crown, and, on a shield, below the same, on the batton, is the King's
royal arms ; which batton, he carries erect, in pale, at the back of the middle of
the escutcheon of his own armorial bearing, as the peculiar ensign of that high
office.

But commonly the badge of this office was, and is, a naked sword, which, in
the Roman Empire, was the badge of the office, prafccti preetorio ; and the Em-
peror Trajan giving the naked saord to Sure Licernius, who was his prafectus
pfcvtorio, gives it with these words, /»ro me si nicreor in me; which words were
thereafter put, by Buchanan, with a naked sword, on the money coined during the
minority of King James VI.

The first Lord Constable oi Scotland that I have discovered, was Richard Mor-
ville, whom I find, in Sir James Balfour of Denmiln's Collections, to have flourish-
ed in the reign of King William the Lion; and next David Cuming Earl of Athol
and Lord Strathbogie, of whom 1 read also in the said Sir James Balfour's Genea-
alos;ical Account of the Nobility of Scotland, who gave three merks of money
yearly to the monks of Inchaffray in Perthshire by a donation under his seal,
which beginneth thus, " David de Cumine Comes de Atholiae Dominus de Strath-
" bolgie 6^ Constabularius Scotiae," 61-c. Which donation is confirmed by King
Alexander IL in the year 1239. Afterwards this high office became heretable in
the noble family of the Earl of Errol. For Gilbert de la Hay Lord Hay of Er-
rol, (as says Sir George Mackenzie in his MS. Collections of the Scottish Famihes,
and Lewis Moreri in his Lirge Historical Dictionary) closely adhering to King
Robert L in all his troubles, when almost the whole nation had submitted to the Bali-
ol; in consideration of his loyalty, was, by the favour of this warlike prince, creat-
ed Lord High Constable of Scotland, in the sixtli year of his reign, which was
A. Dom. 1312, and which office was granted to him and his heirs, and is still en-
joyed by them. John, late Earl of Errol, having matriculated his armorial bear-
ing in the Lord Lyon's New Register, carries as the symbol of his high office of
Constable at the foot of his shield on each side thereof, an arm gauntlated fesse-
ways issuing out of a cloud, and grasping a naked sword erected in pale at
the dexter and sinister sides of his escutcheon of arms, all proper, hiked and
pommelled or. The figure whereof, as cut on copper, the curious may see in Sir
George Mackenzie's Science of Heraldry.

The French High Constable makes use of the like badge as the ensign of his of-
fice. And, as to the antiquity of this practice with them, Menestrier, in his Sci-
ence of Heraldry, gives us an instance of the arms of Matthew Lord Montmo-
rency, Constable of France, who died in the year 1239, on whose sepulchral mo-
nument between two swords is placed his shield of arms ; and though, as he tells
us, the monument appears not to be so old, yet (says he) I have seen other in-
stances of the same as old.

The same author, speaking of the King's Master of Horses in France, as an of-
fice subaltern, and dependent of the High Constable, was in use to place at the
sides of his shield of arms, two swords in their scabbards, azure, seme of flower-
de-luces or, with their belts rolled round them, to difference them from these of
the Constables. And Monsieur Baron, in his Art of Heraldry, gives us the shield
of arms of Lewis de Loraine, Count de Armagnac, Grand Ecuyer de France to
Lewis XIV. King of France, who, as the badge of his said office, carries below
his shield two swords in their scabbards placed bend-ways, with their belts wrapt
round them, seme of flower-de-luces, hilted and pommelled or. The Master of
Horses is called there Ecuyer, from ecu, a shield, because, by his office, he carried
one before the king.

The High Marischal is a name which we have borrowed from the French, who,
write it m'irechal, and they have several of them, being the generals of their
armies. The Earl Marshal of England is a post of great Honour, and takes cog-
nizance, as the High Constable did, of all matters of war and arms (says Miege)
wherein he is commonly guided by the civil law. This post is now hereditary in
the family of the Duke ot Norfolk. For Thomas Mowbray Earl of Nottingham,

70 EXTERIOR ORNAMENTS.

was the first that was invested with the title and office of Eavl Marshal, by King.
Richard II. in the year 1385; which dignified office continues now in the saidDake
of Norfolk's family, who enjoys it at this day heritably, as being descended by
the mother's side from the said Thomas Mowbray.

Sir William Segar, Garter Principal King ol Arms, tells us, " That the Earl
" Marshal of England a an Earl by office, and so is no other earl in England but
" he." The Earls Marshal ha^'e sometimes been the king's lieutenant-generals in
martial affairs, and, by their office of marshalship, have had power and authority to
hear and determine judicially of questions, doubts, and difteiences between parties
concerning honour and arms. And, to that end, tue Earl Marshal held a court of
judicature, called the Earl Marshal's Court ; as when arms are usurped and un-
justly borne, the Lail lias power to disclaim the same, and to punish the parties that
shall falsely assume and take upon them the armories of another, by the name and
title of a Gentleman, when tliey are not so to be approved. The Earl Marshal has
power also, by special commission under the Great seal of England, over the College
of Heralds, prohibiting the provincial kings of arms to give and grant any new
coats of arms without his Lordship's consent. His Lordsliip estabhshes orders
among the heralds, for their better rule and government ; and any doubt or
question which they cannot decide among themselves, they reter that to the arbi-
triment and judgment of the Earl Marshal. His Lordship gives them their solemn
creations according to their degrees, viz. Kings ot Arms, Heralds, and Pursuivants.
The Earl keeps his court either at Westminster, in the painted chamber adjoining
to the Parliament House, or in his own house ; where, in the great hall, is a large
square table, with rails about it, and benches within, and an half-pace raised abo\e
the same. There the Earl sits in the midst, with divers noblemen, and sometimes
judges on either side, according to the cause in hand, to the end that, with their
advice and counsel, he may the more legally proceed. And here the College of
Heralds sit as his council or assistants in their rich coats of arms. His Lordship
has belonging to the said court a pui'suivant-messenger that serves his precepts and
summons. He has also a crier that stands on a corner of the stage ; a doctor of
the civil law, who sits within the rails over against the Earl, to resolve doubts.
The register or clerk of the court sits before his Lordship's foot, on either side
of whom the officers of arms are placed to give their opinions, being required.
Without the rails stand the lawyers that plead, as sergeants and counsellors of the
law, and sometimes doctors and proctors of the civil law, as the cause does re-
quire. The messengers having returned the process and summons into the court,
the crier calls the parties whom the cause concerns; they present their petition
or bill of complaint; the register reads the same; the lawyers plead pio et contra
thereunto. And before the decision the court takes bond ot the parties to stand
to the award and order of the Court Marshal. When the court is to be dismissed
and prorogued for that time, the register pronounces the prorogation, and the
crier proclaims it aloud, appointing a day, as his Lordship shall please, for the pro-
ducing of witnesses, for further hearing, or a final determination and judgment. But if
the cause concerns the claim of dignities, as for baronies, or earldoms, or honour-
able offices, which differences happen sometimes between heirs-male and . heirs-
general, then the party plaintiff exhibits his or her petition to the King's Majesty,
and the king refers that to be judicially heard in the Court Marshal. There, as
that is found, the Earl Marshal advertises the king how he finds the right of the
claim to be, and leaves the decision thereof to the king. In this case the warrants
are set forth in the king's name, for the appearance of the parties in the
Court Marshal, and are served or summoned by an officer of arms, with the other
ibrmalities of the return ; and, if the cause be doubtful or ambiguous, it is some-
times referred to be heard and determined by the House of Peers. The Earl
Marshal bears a staff of metal, gilt with gold, at either end tipped with black,
enamelled : Which staff King Richard II. in the twenty-first of his reign,
granted to Tliomas Holland Duke of Surrey, Earl Marshal of England. In time
of war, with this golden staff he marshals and orders battles in the field, and has
the leading of the van-guard ; and in time of peace, he bears it usually at his plea-
sure, but especially on festival days at the court, and in solemn and royal proceed-
ings before the king, and takes his place ^vlth the Lord Great Chamberlain, or

EXTERIOR ORNAMENTS. 71

the Constable, next before the sword. The Earl Marshal is placed, by act of Tar-
liament, 31. Henry VIU. next after the Lord Great Chamberlain and the Con-
stable, and before the Lord High Admiral, and the Lord Steward, and the Lord
Chamberlain of the King's House. At the coronation of the king the Earl Mar-
shal appear in liis robes, with his coronet in his hand and his statY, and has the
ordering of the abbey of Westminster, and sees the regalities and robes of King Ed-
ward the Confessor to be in a readiness. He appoints the building of the scallbld
whereon the king is to be crowned, and gives orders to the gentlemen-ushers for
the covering and furnishing thereof with hangings, chairs, traverses, carpets,
cusiiions, &-C. especially the sie^e royal whereon the king is to be crowned. At
which time the Earl Marshal is one of those that does all the nearest ollkes to the
king's person, as to help to lead him, and to support his majesty in his chair, put 1
ting his hand, with others of the nobility, to set the crown on his majesty's head,
doing his homage first, and then presenting all others of the nobility. The Earl
Marshal appoints what number of Knights of the Bath are to be made at the
coronation of the king, and makes election of them. The day being come, the Earl
Marshal with the Lord Chamberlain, gives them their oath, after they are all
bathed ; he also presents them to the king the same day to receive the Order of
Knighthood. Of every Knight of the Bath the Earl Marshal receives a fee
in money viz. five pounds for the horse the knight rides upon, and a merk
for the horse's furniture, or composition for the same. And at the creation of a
duke, marquis, or earl, the Earl Marshal ought to have his furniture, or composition
for the same ; and by ancient custom he has had the same of archbishops, bishops,
and abbots, at their consecrations. At the funeral obsequies of kings, queens,
and princes, the Earl Marshal is a chief commissioner appointed with the Lord
Treasurer, the Lord Chamberlain, &-c. to give orders to the wardrobe for the dis-
tribution of black for the mourners, velvet for the hearse, palls of cloth of gold,
escutcheons, banners, and hachements, giving charge to the officers of arms to give
their attendance, and to see all things royally and princely performed. At com-
bats, barriers, tournaments, and jousts royal, the Earl Marshal is the chiefest
officer to see tljera duly performed, to appoint judges, and to ride round the lists
and order all things ; at which time the Knight Marshal is but his attendant.
Toucliing duels and private quarrels between gentlemen, growing upon disgraceful
words, blows, or challenges, the Earl Marshal has power and authority to stay and
commit the persons, confining them, and taking sufficient bonds for their good
bearing and forthcoming, compelling the oft'enders to make satisfaction W the
parties injured, according to the form and advice of a book published in print for
that effect, by the appointment of King James L

Mr Miege, in his State of South Britain, also tells us, " It is the Earl Marshal
•' who, with the assistance of the Kings at Arms and Heralds, marshals and orders
•' the proclamation and coronation of oui- kings, their marriages, funerals, caval-
" cades, royal interviews, and feasts, Si-c. or when either peace or war with a
" foreign power is proclaimed : And is also judge of the coats of arms, and of the
" pedigrees of the nobility and gentry : and therefore keeps a court of chivalry in
" the common hall of the college of heralds in London. And whoever desires a
" coat of arms, must first apply himself to the Earl Marshal by petition, with a
" certificate annexed as to his being qualified for it ; which being approved ot by
" his Lordship, an order is directed by him to Gai-ter King at Arms, and another
" of the Kings at Arms, being of that province where the petitioner resides, to
" devise arms for him, and prepare him a grant, with the coat blazoned in colours
" in the margin thereof: in which grant it is expressly said, that none at his peril
" do presume to bear the same coat."

Sir George Mackenzie, in his Precedency, page 42. tells us, " That the word
" Mariscbal is a German word and office originally, as the learned Tillet proves
•' fully, a marker of camps. And the axe which he bears as tlie badge of his ofiice,
" is delegated to the Marechal du Camj). The Marshal commanded the horse, as
"- Tillet proves ; whereas the Constable commanded both : but yet our learned
" Craig calls the Constable only Prafectus Equitum ; and yet, as Tillet observes,
" the Marshal was not under the Constable, else he could not be an officer of the

Yql. IL 7, I.

72 EXTERIOR ORNAMENTS.

" crown, and officers of state do depend upon none but the king. Of old I find
" the orders in mihtary cases run to our Constable and Marshal."

It is presumable that our Earl Marischal in Scotland is honoured with the like
privileges as the Earl Marshal of England : For the office of Marischal has never
been out of the family of Keith: But the Earls of Athol and several others have
been Constables of Scotland ; and therefore it is that the Earl Marischal with us
hath no other title, whereas the High Constable designs himself Earl of Errol.
Our High Marischal has been, like those of England, Lieutenant-General in martial
affairs. And Sir Robert Keith, our great Marischal, accompanied Edward Bruce
when he went to take possession of the crown of Ireland, and did him notable
service at taking in of Dubhn Castle, and kept close to the interest of King Robert
the Bruce in all his troubles: He was the chief instrument in gaining the battle of
Inveruiy, which was the first that ever that great prince won ; And at the battle
of Bannockburn he commanded 500 horse, being the person that gave the first
onset, and defeat a party of the English horse sent to reinforce Philip Mowbray,
Governor of Stirling, which made way for that glorious victory the Scots there
obtained. And at last died fighting most valiantly at the battle of DupHn, " Cum
" magno propinquorum &- clientium numero," says Buchanan. Sir Robert Keith
was a man of great courage, and the main instrument of driving Edward Baliol
out of the country, and restoring King David Bruce. And Sir William, Lord
Keith, whose father, Sir Edward first Lord Keith, being indisposed when the battle
of Otterburn was about to be foughten, supplied his father's place as High Maris-
chal. And being a man of great valour, went to the said battle, where, after James
the second Earl of Douglas, then General of the Scots army, was killed, and the
English like to prove victors, he, as High Marischal, took on him the chief com-
mand of the army : and being a nobleman of intrepid courage, recovered the
battle, beat the English, and took Ralph Percy (brother to, and conjunct com-
mander with, Henry Hotspur son to the Earl of Northumberland) prisoner with his
own hand. But fearing I should prove too prolix in enumerating the valiant actions
of the heroes of this noble and ancient family, I proceed to acquaint ray reader
that our Earl Marischal kept also a court called the Marischal Const.

In this court his Lordship hath power and authority to hear and determine ju-
dicially of questions, doubts, and differences, between parties, concerning hon-
our and arms ; as also touching duels and private quarrels between gentle-
men, arising from disgraceful words, blows, or challenges. He also, as the Earl
Marshal of England, has power and authority to stay and commit the persons,
confining them, and taking sufficient bonds for their good a-bearing and forthcom-
ing, compelling the offenders to make satisfaction to the parties injured. To
prove this, I shall here insert an order of this court, taken from the principal copy,
signed by the clerk of the said court, whereof the tenor follows.

" The Marischal Court of the kingdom of Scotland, holden at Leith the 21st
" June 1633, by a noble Earl William, Earl Marischal, Lord Keith and Altree,
" &-C. Great Marischal of the kingdom, members of court chosen, suits called, the
" court lawfully fenced and affirmed.

" The which day anent the riot committed between Francis Stewart, son lawful
" to John Stewart of Coldingham, and Malcom Crawfurd of Newtoun, in their
" injuring of others, and appeilling others to combat contrary to the laws of this
" realm, to the disturbance of his majesty's peace, and offence of his majesty, baith
" the said parties being present, and confessing the same, the said Earl decerned
" them to keep his majesty's peace in time coming; and for that effect to act them-
" selves as follows, and to agree together, and chope hands, which they particular-
" ly did.

" The which day the said parties actit themselves, aither of them to others for
" their indemnities, and for keeping his majesty's peace, aither of them to others,
" under the penalty of one thousand pounds, toties quoiids. Sic subscribitur,

F. Stewart, J. Caresburne.

R. Keith, clerk of the said couit.

EXTERIOR ORNAMENTS. 7 V

At the Riding of our Parliament I find the Constable and Marischal guards of
partizans are to make a lane from that entry to the Parliament Close, called the
Lady's Steps, to the Parliament House, those of the Constable's without, and those of
the Marischal within the house, allowing the Constable six of his guard within
doors, conform to ancient practice. And here I take occasion to insert what I
should have mentioned before, viz. I find by the Privy Council Registers, anno 1633,
that the foresaid report of a commission, concerning the privileges of the High
Constable, was approved of by his majesty. But as to that part of it, alleging the
Constable to be superior judge in all matters of riot, ' disorder, blood, and slaughter,
committed within four miles of his majesty's person, or of the parliament, or coun-
cil representing the royal authority in his absence ; and that the trying and
punishing of such crimes and offences is only proper and due to him. The royal
burghs of this kingdom pretended some prejudice to be done them in that report,
particularly the city of Edinburgh, who produced charters from K.ing James HI.
and other of our kings, ratified in parliament, by which the magistrates of that
city are made and constitute heritable sheriffs within themselves, and afterwards
justices of peace within Edinburgh and Leith ; whereupon his majesty was pleased
by his letter to the Lords of his said Council, dated at Greenwich, May 14, 1633,
to will them to call the commissioners of the burghs before them to hear their ob-
jections concerning this affair, and to report. The council finding the Lords of
Session judges competent thereto, remits the same to their solution. But
as to their determination on the head, I refer to their decision about that
time.

The Constable and Marischal, in the morning of that day the Parliament is to be
ridden, do wait on his majesty, or, in his absence,on his High Commissioner at the
palace, to receive his orders : and from thence the Marischal returns privately,
and goes and puts on his robes ; and being set in a chair at the head of his guards,
near the entry to the Parliament House, he there attends in his robes with his bat-
ton in his hand, and from his chair arises and receives the members as they enter
the door. And when the king or his commissioner enters the house, then both the
Constable and Marischal convoy him bareheaded to the throne, and are in the like
manner to attend him in his return to horse : Afterwards the Marischal takes horse,
and rides with him on his left hand to the palace, having on a cap of permission,
and clothed in his robes.

We had no Knight Marischal in Scotland, as they have in England, till Kinp-
Charles I. his coronation in the year 1633, at which time it was erected by a letter
to the Privy Council. And Sir George Mackenzie, in his Precedency, page 42,
tells us, " That this officer, by his office, is to take place immediately after the
" younger sons of lords." And after the restoration of King Charles II. January
I, i66i, the Earl Marischal, accompanied with four hundred gentlemen of his own
relations, marched on foot from his own lodgings to his majesty's palace of Holyrood-
house, (then the residence of the Earl of Middleton, his Majesty's High Commis-
sioner) with the honours of the kingdom, viz. he himself carrying the crown. Co-
lonel George Keith his second brother the sceptre, and the youngest. Sir John Keith,
the sword: And when the two eldest of these brothers were prisoners in England
for their loyalty, by the particular care and industry of the youngest, the same
honours (so much hunted after by the English then our enemies) were miracul-
ously preserved: For which his said Majesty King Charles II. deservedly conferred
upon him the honour of Knight Marischal of Scotland.

Our Earl Marischal was also heritable keeper of the regalia of the kingdom, viz.
the crown, sceptre, and sword. And after the rising of the Parliament, wherein
the union with England was concluded, WiUiam Wilson, one of the under-clerks
of Session, as Depute-Marischal of Scotland, upon his delivering up of the said ho-
nours, took the following protest, viz.

Protest taken by William Wilson, one of the under-clerks of Session, as De-
pute-Marischal of Scotland, upon his delivering up of the honours to David Earl
of Glasgow, Treasurer-depute, after the rising of the Union Parliament, anno
1707.

" At the Castle of Edinburgh, within the crown-room there, betwixt the hours
" of one and two afternoon of the 26th day of March, in the one thousand seven

74 EXTERIOR ORNAMENTS.

" hundred and seventh year of our Lord, and sixth year of the reign of her Ma-
" jesty Anne, by the Grace of God Queen of Scotland, England, France, and Ire-
" land, Defender of the Faith, &c.

" The which day, in presence of us notars-public, and witnesses undersubscribing,
" compeared personally William Wikon, one of the Under-Clerks of Session,
" Depute-Marischal, for himself, and as procurator for, and in name and behalf of
" William Earl Marischal, Lord Keith and Altree, Great Marischal of the King-
" dom of Scotland, Heritable Keeper of the Regalia thereof, viz. crown, sceptre
•' and sword; and there, in presence of David Earl of Glasgow, Lord Boyle, &.c.
" Lord Treasarer-Depute, who, for himself, and in name of the remanent Lords
" Commissioners of the Treasury, was present to receive the above regalia; the
" said William Wilson, afterwards producing and reading a procuratory granted
" by the said noble earl to him, of the contents therein and after mentioned, dated
•' and registrated in the books of Council and Session, on the 25th of March in-
" stant, did also produce to the said Lord Treasurer-Depute a schedule signed by
" him and the notars-public undersubscribing, containing an inventory and par-
" ticular description of the said regalia.

" And thereafter, upon the delivery of the above regalia to the said Lord Trea-
" surer-Depute, and upon lodging thereof, with the foresaid description of the
" same, in an orderly manner, in a chest within the said crown-room, the said
" William Wilson, as procurator foresaid, and in nam(f and behalf of the said Earl
" Marischal, and in the terms of the said procuratory, protested, that the delivery
" up of the regalia foresaid shall not invalidate, or be prejudicial to the said Earl
" Marischal his heritable right of keeping thereof, both in time of Parliament and
" intervals, either in the said earl his castle of Dunotter, as heretofore his ancestors
" have done, or any other else within the kingdom of Scotland, that his lordship
" and his successors shall think secure and convenient. Also in terms of the
" act ratifying the Union between the kingdoms of Scotland and England,
" whereby it is stipulated and agreed by both Parhaments, " That the crown,
" sceptre, and sword of state, shall be continued to be kept as they are at present
" within this kingdom of Scotland, and that they shall remain so in all time
" coming, notwithstanding of the Union," protested. That they shall remain with-
" in the said crown-room of the castle of Edinburgh : and in case the government
" shall find the transportation thereof from Edinburgh castle, to any other secure.
" place within this kingdorn, at any time thereafter necessary, protested also. That
" the same may not be done until intimation be made to the said Earl Marischal
" and his successors, to the effect his lordship or they may attend and see the
" same safely transported, and securely lodged : And made due and lawful intima-
" tion of the premisses to Colonel James Stewart, Depute-G.overnor of the said
" Castle, then present, that he might pretend no ignorance. And also as procura-
" tor foresaid, and likewise for himself, as continued keeper of the regalia, by de-
" putation from the said Earl Marischal, and the deceased George Earl Marischal his
" father, since the 3d day of August 1681 years, in the reigns of King Charles II.
" King James VII. King William and Qiieen Mary, and her present Majesty
" Queen Anne, declared, that the same were now delivered to the said David Earl
" of Glasgow, Lord Treasurer-Depute, for himself, and in name foresaid, and in
" the same state, case and condition he then received the same; and offered to
" give his oath, that the said William Wilson, nor none to his knov/ledge, has ever
" directly or indirectly embezzled or taken away from the said regalia any of the
" jewels, pearls, or others appertaining thereto: And, therefore, seeing he had with
" exact care, and continued fidelity and honesty, discharged the said trust reposed-
" in him, did protest to be liberate and exonerate for his administration in the said
" office, during the said bygone space, but prejudice to the said Earl Marischal of
" keeping the same in all time coming as formerly, by himself, and the said Wil-
" liam Wilson as his depute, or any other whom his Lordship shall appoint; and
" upon all and sundry the premisses, the said William Wilson and his procurator
" for, and in name and behalf of the said William Earl Marischal, asked, and took
" instruments ane or mae in the hands of us notars-public undersubscribing.
" Thir thin,:^s were done time and place above-mentioned, before and in presence
" of Mr David LesUe, son to the Earl of Leven, Governor of the Castle of Edin-

E-XTERIOR ORTSfAMENTS. 75

" burgh, Sir James Mackenzie, Knight and Baronet, Clerk of the Treasui-y, George
" Allardice of that Ilk, Captain John Cockburn, son to the deceased Mr John
" Cockburn, advocate, Francis Dunlop of that Ilk, William Morison of Preston-
" grange, James Malcolm of Grange, and Captain Patrick Auchmoutie, two c-f
" the Earl Marischal's battoneers, John Barclay of Culernie, Patrick Durham of
" Omachie, Mr George Areskine, son to Sir John Areskine of Balgonie, deceased,
" William Murray, writer to the signet, Thomas Gibson, writer in Edinburgh, son
" to the deceased Sir Alexander Gibson of Pentland, one of the Clerks of Session,
" Mungo Smith, John Reid, Walter Murray, and Robert Bull, merchants in Edin-
"• burgh, Mr Johir Corsar, Alexander Keitii, George Forbes, Alexander Faiquhar-
" son, and Alexander Johnston, writers in Edinburgh, John Hog and David
" Graham, Macers of Privy Council, Charles Maitland, John Adam, Andrew
" Graham of Jordanston, and Patrick Grant of Bunhard, four Macers of Session,
" John Letham, her Majesty's- Smith, David Graham, eldest lawful son to Cap-
" tain David Graham, Macerof Privy Council, William Robertson, non to William
" Robertson, one of the Under-Clerks of Session, Robert Douglas, eldest lawful son
" to Rohei't Douglas of Milcraig, merchant in Edinburgh, with divers other wit-
" nesses specially called and required to the premisses. Et ego vero WiUielmus
" Robertson, Georgius Cockbiini, ^-Uexandcr Alison, IVillielmus Brown, Alexander
" BaiUie, Joannes Corss, and Robertas Bamiatityne, all notars-public subscribing
" and subjoining their notes hereto."

Several exact copies of this protest Mr Wilson sent to the four universities of the
kingdom, also to the Faculty of Advocates, and College of Physicians, as also to
the Earls of Errol and Marischal, who received the same as a great fayour done
them, and returned him their several missives of thanks therefore. The Earl of
Marischal's missive to him upon the foregoing account 1 subjoin as follows.

" Affectionate Friend,
" I received the instrument of the delivery of the regalia, which I acknowledge
" a great service done by you to me and my family, and yet a greater to the na-
" tion in general ; and, therefore, I will preserve it as carefully as any paper in my
" charter-chest. 1 shall at present pass over in silence many other good offices you
" have done me ; and conclude by assuring you, that as you think it an honour to
" be descended of my family, so I think it happy to have such a friend as you :
" You shall find on all occasions with how much reality I am your most atfec-
" tionate friend to serve you." Sic subscribitur Marischal.

Jnvenigie, July %tby Directed thus, to Mr William Wilson,

1709. one of the Clerks of Session.

It is commonly thought, that about the beginning of King Robert the Bruce's
reign, when Gilbert Hay Earl of Errol was made High Constable of Scotland, that
Robert de Keith was made Marischal of the kingdom by that gallant prince, who
gave the same office heritably to himself and bis successors: Yet I find by the
chartulary of Kelso, that Simon Eraser gives the kirk of Keith, and some lands
near Haddington, to the a'jbacy of Kelso, which is confirmed by Hugh Lorens,
and Eda his wife, heiress of the said Simon, and Herveus filius Philippi Marescalli
also confirms the same. He is sometimes designed Herveus de Keith, and some-
times Harveus Marescallus. And John de Keith Marescallus filius Hervei Mares-
calli, by an agreement with the Abbot of Kelso, confirms in his favours his said
father's donation of the kirk of Keith; all which is confirmed by King Malcolm IV.
who began his reign in the year 1153, which is a clear evidence that this noble
family has been possessed of the office of Great Marischal of Scotland long before
the reign of King Robert the Bruce.

The High Manschals, of old, carried for the badge of this office an axe; Tillet
says, on the account that they were the markers out of camps, and broke the
ground with that instrument, as 1 before mentioned. But others say, as La Lonet,
in his Treatise of Nobihty, lib. 1. cap. 8. that the marischals carried axes as the
token and badge of power and royal authority, which, of old, kings themselves did
use instead of a sceptre, as a mark uf their dignity, having got the investiture and

Vol. II. 3 A

76 EXTERIOR ORNAMENTS.

possession of their kingdoms by the tradition of an axe. But the Great Marischals
now, instead of the axe, carry battons as the badge of this high office.

Those in France bear behind the shield of their arms, as symbols of this office,
two battons azure, seme of flower-de-luces or, and disposed in saltier, as says Mon-
sieur Baron in his Art of Heraldry.

The Earl Marshal of England carries, as the badge of his high office, (as narrated
by Sylvanus Morgan in his Sphere of Gentry, lib. 4. cap. 6.) a staff, or batton,
erected in pale, behind the middle of his shield of arms. And the said author tells
us, that most of the chief officers of state in England carry, as the badge of their
office, a staff of their dignity, or rather symbolum administrationis. For which he
cites Cassaneus as follows :

Datur igitur virga praetoribus, propter disciplinam.

Datur principibus, propter summam regendi potestatem.

Datur senioribus, in quibus sapientije munus excellit.

Datur praesidibus, ad custodiam obeundam.

Datur regibus, ad mansuetudinem. & clementiam exercendam.

Datur imperatoribus, ad hostilem impetum coercendum atque injuriam propulsandam".

(CasSANEI Sexta Conclusion

Such is the dignity of the staff, that at the coronation of the Prince of Wales it
is required, and at the words virgae aureae traditionem, the king delivereth into his
hand a verge of gold, betokening government.

With us, our Earl Marischal bears for the ensign of his high office, as matri-
culated in our Lyon's Register of Arms, two battons of the Marischal of Scotland,
being gules, seme of thistles, ensigned on the top with imperial crowns or, and dis-
posed in saltier behind the escutcheoii of his arms.

Mr Miege, in his State of South Britain, tells us, " That the last great officer
" there is the Lord High Admiral, who has the management of all marine affairs,
" and the government of the royal navy, with power of decision in maritime
" cases, both civil and criminal. He judges of all things done upon or beyond
" the sea in any part of the world, upon the sea-coasts, in all ports and havens,
" and upon all rivers below the first bridge from the sea. By him vice-admirals,
" rear-admirals, and all sea-captains are commissionated, all deputies for particular
" coasts, and coroners to view dead bodies found on the sea-coasts, or at sea. He
" also appoints the judges for his Court of Admiralty, and may imprison, re-
" lease, &.C."

" The sea being reckoned without the limits of the common law, and under
" the jurisdiction of the Lord High Admiral, therefore the civil law is made use
" of in the Court of Admiralty. The proceedings in all civil matters are accord-
" ing to the civil law, that is by libel to the action, both parties giving surety
" that they shall stand to the judgment of the court, and he that shall fail in the
" suit pay to the other what he shall be condemned to. But in criminal matters,
" such as piracy chiefly, the case is altered. For whereas the proceeding in tliis
" court was, of old, according to the civil law, there were two statutes made by
" Henry VIIL that criminal affairs should be tried in this court by witnesses and
" a jury, and this by special commission of the king to the Lord High Admiral,
" whereof some of the judges are to be commissioners. In which case the trial is
" by the common law, as directed by these statutes.

" The customs and former decrees of this court are there of force for deciding
■' of controversies. And there is a Court of Equity under it, for determining dif-
" ferences between merchants. Though the common law reaches as far as the
" low-water-mark, being counted intra corpus comitatus adjacentis, and causes
" thence arising are determinable by common law, yet when the sea flows over the
" low-water-mark, the admiral has also a jurisdiction there over matters done
" (while the sea flows) between the low-water-mark and the land.

" To the Lord High Admiral belong all penalties and amercements of all trans-
" gressors at sea, on the sea-shore, in ports and havens, and all rivers below the
" first bridge from the sea, the goods of pirates, and felons condemned, or out-
" lawed, sea-wrecks, goods floating on the sea, or cast away on the shore, not

EXTERIOR ORNAMENTS. 77

" granted to the lords of manors adjoining to the sea, and a share of all lawful
" prizes. Also all great fishes, commonly called royal Jisbes, except whales and
" sturgeons. To which add a salary of L. 7000 a-year. In short, this is so great
" an office, in point oi trust, honour, and profit, that it has usually been given to
" princes of the blood, or the most eminent persons among the nobility."

The same author tells us, in his State of North Britain, " That the Scots never
" abounded in naval force, nor seem to have affected it ; otherwise a nation of so long
" standing, having such materials for building of ships, and such harbours for lay-
" ing them up safe, could scarcely have been without a competency of ships of
" war. This must be in part ascribed to that same humour which made them n&-
" gleet walled towns, according to that of our historian and poet.

Ilia pharctratis est propria gloria Scotis, &c.

And a little lower,

Non fossa & muris pauiam, sed JVfarte tueri.

" Another reason may be, that their wars being for most part defensive, and by
" land, against the several people who inhabited the south parts of the island, they
" did not much apprehend the necessity of the naval force. But that they did
" not altogether neglect it, is plain from their acts of Parliament, and particularly
" the 140th act of King James I. by which it is ordained, " That all barons and
" lords having lands and lordships near the sea, on the west and north parts, and
" especially against the isles, should have galleys, and maintain them according to
" their ancient tenor; and all the lands which lie within six miles of the coast
" should contribute to their maintenance."

" With these galleys they defended their coasts, and sometimes invaded their
" enemies. But that they had other ships of war, with which they were able for-
" merly to look the English and others in the face, is evident from history: For
" in the reign of King James III. a squadron of the English navy, which infested
" our coasts, was defeated and taken by Andrew Wood of Largo, a noted sea-cap-
" tain, in the Frith near Dunbar; and he afterwards defeated Sir Stephen Bull,
" with another English squadron, near the mouth of the Tay, where he took him
" and his ships. And in that same reign, Andrew Barton, a Scots merchant, having
" obtained letters of marque from his own prince to make war with the Portu-
" guese, who had killed his father, and taken his ship, and refused to make satis-
" faction, though condemned by the Admiralty of Flanders, in whose dominions
" this piracy happened, the said Barton did in a few months make suflicient re-
" prisals upon them with his own ships; but was treacherously, in time of peace,
" surprised at the instigation of the Portuguese, by an English squadron, under
" the conduct of Admiral Howard, against whom, with a much less force, he main-
" tained a gallant fight, but at last was killed, and his ships taken."

" The main reason why the Scots neglected improving their naval force, while
" their neighbours increased and augmented theirs, seems to have been, that their
" princes, when neighbouring nations increased their naval force, were either
" minors, or engaged in war with England, or intestine broils at home; as hap-
" pened in the reigns of King James III. IV. and V. Queen Mary, and King
" James VI. during whose reign, before and after his succession to the crown of
" England, the reasons not only for the neglect, but for the decay of the naval
" force of Scotland, are so obvious, that it is needless to touch them."

The chief court of admiralty in Scotland sits in Edinburgh, where they deter-
mine such causes of piracy, prizes, £ic. as are proper to their cognizance. The
office of Lord High Admiral in Scotland has, for the most part, since the union of
the crowns, been in such persons as had not their residence in the kingdom, par-
ticularly in the family of Lennox, and in the late King James when Duke of
York. There are particular jurisdictions of admiralty hereditary in some great
families, as the Duke of Argyle, who is admiral of the Western Isles, 8ic. And
the Eari of Sutherland, of the County of Sutherland, and some of the neighbour-
ing provinces; and the Earl of Morton is Steward, Justiciary, and Admiral of

78 EXTERIOR ORNAMENTS.

Orkney, whose deputies are at his own nomination. In our Court of Admiraltj
we have a judge, two procurators, a procurator-fiscal, a clerk and his depute, and
three niacers.

Anciently the Romans represented their offices by figures on their medals be-
fore the use of armories. Pompey had on some of his medals the prow of a ship
when admiral in the wars against pirates. And Lucius Hostilms, admiral in the
Punic wars, used the same mark. Juhus Caesar, upon the reverse of many of his
medals, had the augurial staff, the axe, and the fasces. The Septemviri, whose
ofKces were to regulate and oversee the public religious festivals, used for their
marks a vessel for holding wine. And the Quindecemviri had a dolphin upon a
trident. And it is the imitation of those marks of dignity on medals that hath oc-
casioned the usage of particular badges and symbols in armories as distinguishing
marks borne by persons in high offices.

Admirals have been in use many generations past, almost everywhere, to place
an anchor pale -ways behind their shields as the badge of their office. The General
Admiral of the Galleys in France, according to Monsieur Baron in his Art of He-
raldry, carries a double anchor erect in pale behind the middle of the escutcheon
of his arms, and two battons seme of flower-de-luces disposed in saltier at the back
of the shield. As in the arms of Mr Le Due de Vivonne, General des Galrees.

The Lord High Admiral of England, or Dominus supremus prafectiis classis An-
gUcanae, according to Sylvanus Morgan, in his Sphere of Gentry, llh. 4. cap. 6.
page 85. bears an anchor erect in pale behind the middle of his armorial shield as
the badge of his high office. And gives us an example thereof in the arms of
James Duke of Albany and York.

In Scotland our admirals carried the same symbol ; for though, as Sir George
Mackenzie tells us in his Science of Heraldry, page 3. that Wood of Largo carries
two ships, to show that his predecessors were Admirals of Scotland, as I mentioned
before, yet this was not the badge of that office, but he only added the figures of
two ships under sail to his old paternal bearing, the oak tree, to demonstrate to
posterity that he was once an admiral, whereas the ensigns of high offices can be
borne by none but by those in office, neither are they ordinarily borne within but
without the shield as exterior ornaments thereof. 1 have seen the arms of James
Earl of Bothwell, (who was Lord High Admiral of Scotland in the reign of Queen
Mary) both on his seal and on other places, particularly on the roof of the Hall of
Seaton, called Sampson's Hall, where he carries an anchor erected in pale, behind
the middle of the shield of his arms, as the badge of his office; and the family of
Lennox used the same symbol when advanced to the office of High Admiral

As for the ancient practice of placing one anchor behind armorial bearings, as
the badge of admiralty, Menestrier, in his Science of Heraldry, tells us. That he
has seen in a manuscript in the Bibliotbeque of the Cardinal Bouillon, the arms of
Lewis, a bastard of Bourbon, Count of Rousillon Admiral of France, in the year
1466, being azure, seme of flower-de-luces or, a batton sinister gules, and behind
the middle of the shield an anchor pale-ways argent, with the stock or.

But now, both in France and Britain, the High Admirals carry, as the ensign of
their high office, two anchors disposed in saltier at the back of the shield of their
arms, and the vice or rear admirals carry but one m pale behind their shield.
Monsieur Baron, in his Art of Heraldry, gives us the arms of Lewis Alexander de
Bourbon, a natural son of France, Count of Toulouse, Grand Admiral, &c. being
azure, three flower-de-luces or, a batton sinister gules, timbred with a crown
heightened with flov.'er-de-luces, and great leaves alternately, within a manteau
azure, doubled ermine, and behind the shield two anchors saltier-ways.

Olivarus Uredus, amongst the seals of the Earls of Flanders, gives us the seal of
Albeit Archduke of Austria, who married Isabella Infanta Dutchess of Burgundy,
and Countess of Flanders, daughter of Philip II. King of Spain, where both their
arms are marshalled in one shield, and behind the same are two anchors placed
saltier-ways, which seal they used (says our author) in their high courts of ad-
miralty.

The Masters of the Cross-Bowers in France were in use to place cross-bows at
the sides of their escutcheons, as Menestrier observes in his Science of Heraldry,
TjBho tells us, that he has seen an..instance of it in the year 1419. And. the Grand

EXTERIOR ORNARIENTS. 7y

Masters of the Artillery, who are now come in place of the former, carry two
cannons, or great guns, on their carriages, adosse, below the shield of arms, with
bullets lying beneath them, as in the arms of Monsieur Le Due du Lude, Grand
Miiitre d'Artillerie, as narrated by Monsieur Baron in his Art of Heraldry. And
the arms of Lewis de Crevant de Humiers, Marshal of France, Marquis of Humiers,
&-C. Grand Master of the Artillery, are adorned with two battons gules, seme of
tlower-de-luces or, disposed in saltier behind the shield as his badge for Marshal ;
and below, as being also Master of the Artillery, two great guns mounted on three
carriages adosse, as aforesaid.

These figures have also been used in the armorial bearings of the Great Masters
of Artillery in Germany, as the badge of that office, besides ensigns and banners
which they have added to adorn their shields of arms, on another account ; ot
which Sylvester Petra Sancta has given several examples in his Tessera: Genti/itiie,
as that of Torquatus de comitibus, whose shield of arms is surrounded with eight
ensigns, and six standards of foot and horse, marked with the arms of those trom
whom he had taken them in battle ; and below the shield two brass guns or can-
nons on their carriages addossc firing. Our author's words are, " Ad hsec Torqua-
" tus de comitibus Dux Belli inclitus ac strenuus a Ferdinando II. cui diu milita-
" vit, in nuperis simultatibus imperii, tesserae su;e permeruit, propter signa equitum
" ac peditum, qua indeptus est fortissime dimicando, etiam aenea bellica tonnenta,
" functus videlicet prasfectura rei tormentarite &- donatus etiam a Cajsare ideo tor-
" mentis duobus : Quje ille jussit deportari in Italiam, gloris monumentum." And
in the same chapter he gives the arms of the family Bonefaceorum in Spain,
adorned with twelve ensigns, and below the shield four anchors, to perpetuate the
memory of some notable victory by sea and land obtained by one of this family as
High Admiral.

It is to be observed, that badges of offices which adorn the outsides of the shield
of arms, show only that the bearers are in possession of such offices ; and their
issue outed of them cannot use them so, (except by a special warrant for that end)
but may be allowed to use them within the shield as an armorial figure, to inti-
mate to posterity that their progenitors have once been honoured by such offices,
as I took notice of before, in an example hereof, in the arms of Wood of Largo.
Yet the adorning crests and sides of armorial shields with ensigns, banners, and
pennons, has been a practice continued hereditary in several families in France,
Germany, and Italy, from the first assumer of them, and that upon several ac-
counts, as trophies of valoui- and victory over their enemies, whose ensigns they
place round their shields ; and being so adorned, they are transmitted to their
issue, representers of their famihes, of which the said Sylvester Petra Sancta gives
us several examples, in his 77th chapter, de explicatis ciica tesseras gentilitias vex-
illis, amongst which is the shield of arms of the family of Colonni in Rome,
adorned with eight ensigns of the Turks, marked with crescents, since Marcus
Antonius of that family defeat the Turkish fleet, who designed to invade Europe,
and below the shield are placed two Turks in chains, to perpetuate this notable
victory. This family, besides these eight Turkish ensigns, have above them two
great banners, marked with the arms of the pope and ot the empire, as constables
of the church and empire. And Menestrier in his Science of Heraldry, tells us.
That banners adorning arms are in some countries badges of constables, as with
the same family of Colonni in Italy, and with the chief house of Clermont in
Dauphine, who outwardly adorn their shields with banners seme of dolphins as
heritable Constables of Dauphine. .

Those whose office it was to carry the banner of their countries, have been in
use to place such at the sides of their shields of arms, as the Casarinv in Rome
carry four banners or ensigns purple displayed, issuing from each side of the shield,
marked with the letters S. P. ^ R. on account, says Sylvester Petra Sancta, they
were Vexilli feri, Senatus Populi ^le Romani. And the Counts de Vexin, who
carried the oriflam of France, have two banners carried by the supporters of their
arms, being lions, as Menestrier has observed ; as likewise the royal supporters of
France, being two angels, holding in each of their hands a banner erect in pale.
And Sir George Mackenzie, in his Science of Heraldry, page 95, has given us the
figure of the seal of James Lord Hamilton. And it is presumeable, by the posi-

Vol. II. 3 B

8o EXTERIOR ORNAMENTS.

tion of the shield thereon, that he was the first lord of that name, and married King
James II. 's daughter. The blaion or description of which seal that learned author
having omitted, 1 here insert as follows. This noble Lord bears on a shield couche
three cinquefoils, above the same is placed a helmet, at the back whereof issues
a running leaf or, two by way of mantling, and on the top thereof is set his torce or
wreath, whereout issues his crest, being an antelope's head and neck, supported by two
antelopes, with one foot standing on a terrace, with their tails betwixt their hinder
feet ; one of which feet stands also on a terrace, and with the other feet they support
the shield ; with one of their fore feet they lay hold of the helmet, and with the
other each of them embraces and bears up a banner erect in pale, and round the
seal is this legend, Sigillum Jacobi Domin. de Hamylton. Again the said judicious
author, page last, in his blazon of the achievement of his Majesty of Great Britain,
tells us, that his supporter of the unicorn on the dexter embraces and bears up a
banner azure, charged with a St Andrew's cross urgent, and the hon on the sinister,
and another banner argent, charged with a plain cross, (called of St George) gules.
And before the succession of King James VI. to the crown of England, 1 find by
old books of blazons and paintings, that the supporters of Scotland, being two uni-
corns, that one on the dexter did embrace and bear up a banner charged with the
royal arms of Scotland, and that on the sinister with the said St Andrew's cross.
By which examples it is evident, that this practice of supporters bearing up ban-
ners is pretty ancient with us. But it is to be observed by these last instances,
that the staffs of these banners are not placed saltier-ways behind the shield, as the
usage is with the Italians, Spaniards, and Germans. Which method of trimming
and adorning their armorial shields, though proper to them, yet is not so usual
with the French and us, who commonly carry no more than two banners when
they adorn their arms with these badges or symbols, and "oesides are always
erected in pale at the sides of the shield, and the ensigns are displayed on the flags
thereof

Some also, on account of military employments, have placed ensigns round the
shield of their armorial bearings, as Ferdinand de Alerson, General of the Spanish
army under King Charles V. of Spain, was the first (says Menestrier, in his
Science of Heraldry) that placed such symbols about the amis of his family. And
the family of Andredas there has eighteen banners round the shield of their arms,
disposed in saltier. And the Dukes de Alva carry ten with us upon the same ac-
count. John Scott of Thirlestane, who came to King James Vs. army at Soutra-
edge, with three score ten spearmen on horseback, of his friends and followers, be-
ing likewise willing to go with the said king into England, when his nobles and
others refused already to stake all for his service ; the king, as a reward for his
loyalty, allowed him adorning his armorial shield, to take, for crest, a mural crown
with six spears, which I should have observed before when treating on crowns ; as
also to use, for supporters, two men in coats of mail with steel caps, holding each
in their hands a spear with pennons, having small flags or banners thereat. And
Alexander Leslie, who came to great honour in the wars abroad under Gustavus
Adolphus King of Sweden, whom he served in the quality of a field marshal, af-
ter his return home, was advanced to be general and chief commander of the Par-
liament's army, and created Earl of Leven by King Charles I. who, in considera-
tion of his military bravery, allowed him to take, for supporters, two warriors in
armour, holding in each of their hands a banner.

Yet the Germans, I observe, have more commonly these banners and ensigns
issuing from the tops of their shields, and very often from their helmets and crests.
As the princes of Anhalt have twelve banners, so displayed, issuing from their
crests, the Counts of Mansfelt six banners, and the Counts of Solms two, having
the arms of their noble feus displayed upon them.

Menestrier says, in his said Science of Heraldry, that the practice of adorning shields
of arms after this method in Flanders is very ancient. And in France several old
families have used banners at the sides of their arms in place of supporters, on ac-
count that they had right to carry a banner in the field. And the Ricosombres in
Spain are dignified by the formality of the delivery of a banner and kettle, being al-
most the same with knight bannerets, who were also made by the display of banners.
As our lord barons and other higher degrees of nobility, who have all right to rear

EXTERIOR ORNAMENTS. 8r

up a banner in the field. And, in my opinion, may likewise adoin their arms
with ensigns and banners. But this practice, as it was not so frequent in France
as in other kingdoms, yet it was less n\ use with the English and us, who both had
from France the science and prac?tice of heraldry. And yet some old families here
in Scotland, who had right to usi supporters, have made them to carry both en-
signs and banners, as in the •.■xample of the Lord Hamilton foresaid.

Having treated thus far of the ensigns, badges, and symbols of civil and military
offices, according to the method and usage I have met with them in armories, and
of their different situations and positions in adorning outwardly escutcheons of arms ;
there are others which some call politic marks of dignity and chivalry. The first
are these used by the electors of the empire, who use the several figures of the im-
perial regalia, which they place in quarters of their armorial achievements, to
show their dignified offices in the empire. As for example, the House of Bavaria
carry the imperial globe, that of Saxony the sword of honour, Brandenburg the
sceptre, the House of Palatine the imperial crown, and the family of Hanover the
crown of Charlemagne, being the proper badge made use of by that serene house
in their shield of arms, as hereditary treasurer of the sacred Roman Empire ; and,
being all figures of the regalia, they are in use to carry them before the emperor
by virtue of their high olfices, as Beckinanus says. Dissert. 8. caj). 5. " Insignibus
" suis seculares clinodium istud inserunt cui ratione officii portando destinati sunt."
And in other kingdoms, in imitation hereof, the King of Bohemia, as principal
cup-bearer to the emperor, charged the breast of the lion m his arms with a cup ;
and the badge of the carpenters' axes make up the arms of the family of Amberville
in France, from their predecessors being anciently honoured with the office of the
king's carpenter. The badge of cups have been made use of by an ancient family
of the name of Butler in England, and by the ancient house of Shaw of Sauchie
in Scotland, the predecessors of both which families being of old the king's butlers
in both kingdoms, and, as the particular symbol of that office, carried the said fi-
gures, though now they are become the only figures that make up the arms pecu-
liar to both these surnames in Britian. As also, I find by old manuscripts of bla-
zons, that the family of Carnegie of old, now Earls of Southlsk., have been in
use to charge the breast of the blue eagle they bear in their arms with a cup of
gold, as being anciently cup-bearers to our kings. And Sir George Mackenzie,
in his Science of Heraldry, p. 3. tells us, that King Robert the Bruce having car-
ried, as a private badge, three laurel leaves, with this word, Hub sole, sub umbra
virens, he gave to Irvine of Drum's predecessor, who had been constantly his
armour-bearer, the three holly leaves, which is a kind of laurel, and is at present
the armorial bearing of that ancient tamily. But these badges of dignrfied offices,
being figures that make up their several arms within the shield, and no exterior
ornament thereof, which is the subject I am now treating on, I shall not insist to
make farther observations upon them.

I proceed next to treat on the politic marks of chivalry, being the collars and
badges belonging to knights of sovereign and high orders. It was a constant max-
im in all well regulated governments to give a just encouragement to merit, and
that by proportioning rewards to the service done. For merit must be supposed to
consist in the performance of some virtuous or heroic actions directed for the pub-
lic good : And as virtue is either military or civil, so the distribution of the rewards
is different, either by bestowing degrees and titles of honour, or by donations of
wealth, so that, in either construction, virtue may have its proper and suitable re-
ward. But the proper reward of military virtue, is honour, (to which distinct head
I am now confined) which Aristotle calls the greatest of exterior goods : And being
an object of a nobler ambition than the accumulation of wealth, is principally the
aim of that virtue we understand by valour, which springs from more generous
spirits, and hath been the constant foundation of raising men to the highest emi-
nence of glory, and superior dignity.

But that fame might not lose itself in an unbounded notion, it was at length
thought fit to reduce honour into form and order, by investing the person meriting
with some particular title or appellation of excellence, (the original of all nobility)
of which knighthood, as it hath been accounted the most suitable reward to the great-
est virtue, so it hath been esteemed the chief and primary honour among many

82 EXTERIOR ORNAMENTS.

nations. The Romans held honour and virtue in that esteem, that they deified and
dedicated temples to them : They made them so contiguous in their situation, that
there was no other passage to that of Honour, but through the Temple of Virtue,
mystically admonishing, that honour was not to be attained by any other way.
In several Roman coins we see honour and virtue represented together in one re-
verse ; and in one medal the face of honour so shadows that of virtue, that but a
little ot It appears, honour being the more illustrious of the two ; and where we
behold any person outwardly adorned with it, we are to judge hun inwardly endu-
ed with virtue.

In tracing the original of knighthood, we are not so vain as to say with the
French, that St Michael was the premier chevalier ; yet this much we may assert.
That it is as ancient as valour and heroic virtue, notwithstanding the ceremonies
and circumstances of it have varied, according to several ages and nations: And,
therefore, with much probability, we may derive the original of military honour
trom the Trojans and Greeks ; among whom, as knights of great renown, were
Hector, Troilus, ^neas, Agamemnon, &-c. But, upon a more substantial basis,
we shall descend to the Romans ; among whom, in the very infancy of their mili-
tar glory, a society of knights was instituted, immediately after their union with
the Sabines. Romulus inrolled three centuries of knights out of the chiefest fa-
milies, whom he appointed to be his life-guard, and called them celeres, from their
activity and dispatch in martial affairs.

Tarquinius Priscus made an addition to these centuries ; the like did Servius
Tullius, who ordained, that those who should succeed in that body should be
elected ex censu, viz. from a considerable and certain valuation of their estates,
who had the greatest cense, and were of the most noble families, says Dionys.
Halicarn. And soon after the equestrian class began to be formed and constituted
one of the three orders of the commonwealth, which were ranked, according to
Livy, Senatus, Ordo Kquejlris, et Plebs ; and, forasmuch as this degree is placed be-
tween the patricians or senators, and the plebeians, it answers exactly to the state
of our knights between the nobility and commonalty : And from this order to
the height of nobility, which resided in the senators, was the way prepared; Ju-
nius Brutus being the first who was raised to a senator from the equestrian order.

It was a constitution as old as Tiberius's reign, that none should be admitted in-
to that order unless free-born, or a gentleman for three generations; and indeed
for a long time none were elected knights but the best sort of gentlemen, and
persons of extraction, as was the illustrious Ma:cenas.

Atavis rcgibus ortus eques. Mart.

Yet, at length, through corruption of times, plebeians and freed men being too
frequently received into this degree, occasioned their esteem and authority to grow
less and less, till it shrunk to nothing. And when Cicero was consul, amio ah urbe
condita 690, the equestrian order stood in need of re-establishment, whereupon they
were then incorporated into that commonwealth in the third degree, all acts pas-
sing in the name of the senate, the people of Rome, and the equestrian order. Asa
mark of eminence, they l?ad the titles oi splendidi and illustres bestowed upon them,
and sometimes they have been called most sacred knights. And besides other pri-
vileges they had seats with the senators in the Circus Maximus ; and, by the
Roscian law, sat next them in the theatres ; they had likewise a college called
CoUegium Equitum ; and temples were dedicated to the goddess Fortune, under the
title of Equestri Fortuna. They were allowed to wear rings to distinguish them.
The which honour continued hereditary in their families, which does not with our
knights.

The ancientest real knights, it is most likely, were made by the first Christian
kings, who appointed many religious ceremonies to be observed at the creation of
such, and none were admitted to that honour, but those who had merited it by
some extraordinary commendable exploits. We shall now touch upon the degrees
of knighthood, which have been personal, and may be comprehended under the
modern title of Equites Aurati, or Milites Simpliccs, (as distinguished from the se-
veral orders of chivalry, instituted in Christendom.) In the circumstance of whose

EXTERIOR ORNAMENTS. 83

creation, we confess nothing in the Roman ordo equestris hath place, though that
might be the ground and original of the dignity, and one common end in both,
namely, the pursuit of military exploits and service in the wars.

Knights in Latin are called mUitfs or t-qtiites, because the design was, that none
but soldiers should enjcy that dignity. The French distinguish a knight by the
n^me. oi chevalier, the Spaniards by that of faxv^/^rs, ai>d the Italians by that of
cavagliera, the Germans call a knight ritUr ; all of them imparting no more than
one that serves on horseback. The English title Knight is derived from the Saxon
cnikt, which, in that language, is no more than a servant, and, in all probability,
proceeded in serving the king in his wars.

Of the degrees of knighthood. First, That of the monozoHS, i. e. knight begirt
with the military girdle, a custom devolved to the Germans and Gauls from an-
cient times : nor do we find, among the various ceremonies of knighthood, any
that hath continued so constant in practice, as the endowing with girdle and sword,
marks of honour and virtue, with which the statues and portraitures of knights
on their grave-stones have been adorned. For, as at this day, knights are stiled
equites aurati, from the golden spurs heretofore put on at then- creation ; so
were they more anciently cingulo militari donati, in respect, that when one was
knighted, he was not only struck with the sword, but invested with sword and
belt.

adly. The Baccalaurei or Knights-batchelors are to be considered, who are in-
diflerently stiled chevaliers, milites, equites aurati, and knights. This degree is truly
accounted the first of all military dignity, and the foundation of all honours in our
nation, and is derived from, if not the same with, that immediately preceding.
For as the ceremony of a gentle touch on the shoulder with the flat side of the
sword hath been since used instead of girding with the sword and belt, (especially
in times of war, or in haste) as an initiation into the military order, so, on the
contrary, it is not unusual, now-a-days, for the prince, at least, gladio, if not cingulo
donare ; for he oftentimes bestows the sword upon the person he knighteth.

The third sort, wtte: Knights-bannerets, whoso well deserved in the wars, that they
were afterwards permitted to use vexillum quadratum, a square banner, whence
they were called equites vexillarii, or chevaliers a banniire, from the Dutch baner-
heere, lord or master of the banner. Camden conceives this title first devised by
King Edward III. in recompense of martial prowess ; a recital of which dignity
is mentioned in a patent, 20th Edward III. to John Copland, for his service in
taking David King of Scots, prisoner. But it was much more ancient in Britain,
as well as in France ; and they had particular robes and other ornaments given them
trom the crown. And there is an evidence of a writ in the said King Edward III.
his time for furnishing Thomas Bardolf with the robes of a banneret. This digni-
ty is placed in the middle between the barons and other knights, in which respect,
the banneret may be called vexillarius minor, as if he were the lesser banner-bearer ;
to the end he may be so differenced from the greater, namely, the baron; to whom
the right of bearing a square banner doth also belong.

Other authors tell us, this order of knighthood was instituted in England in the
time of King Edward I. And it is most likely that the Normans were acquainted
with this order long before : But I find, by our historians, this order to have been
of older standing with us ; for Sir Alexander Carron, Banneret, is said by them
to have carried the banner of Scotland before King Alexander I. (who began his
reign in the year 1 107) in his expedition against the rebels in Mearns and Mur-
ray ; where, by the said Sir Alexander's conduct and valour, who, in the king's
presence, with a crooked sword, fought valiantly, and killed many of the rebels,
that king obtained a notable victory over them ; for which heroic actions he got
many lands, and his name was changed from Carron to Scrymgeour, which signi-
fies a hardy-fighter ; and his posterity being long afterwards standard-bearers to our
kings and'constables of Dundee, got, for arms, a rampant lion holding a crooked
sword. And Bannerman of Elsick, an older family than that of Scrymgeour, be-
ing also baimerets, carried anciently for an armorial figure, a banner displayed, as
relative to the name, which was from their office as hereditary banner-bearers to
our kings, before the reigns of King Malcolm III. And Sir George Mackenzie,
in his Manuscript Genealogy of the Families of Scotland, (agreeing also with our

Vol. II. 3 C

b4 EXTERIOR ORNAMENTS.

historians) tells us, tbat the said King Malcolm III. who began his reign in the
year 1057, hearing ot a new rebellion begun in the north parts of the kingdom,
went with his army to the Water of Spey to fight against them, where, perceiving
his standard-bearer, Bunnerman, to shrink, and not to show a chearful countenance,
he pulled the banner trom him, and at the same time having observed the manly
courage of Sir Alexander Carron, (father of the above Sir Alexander) who ac-
companied him in this expedition, he gave the royal banner to him, and, after the
battle, striking him with his sword, created him a knight-banneret ; he there be-
having himself to the great satisfaction of that king ; for which good service he
also created him and his posterity heritable standard-bearers to the kings of Scot-
land ; and with this new office many fair lands were bestowed on him.

This order is certainly most honourable, because never conferred but upon some
heroic action performed in the field, whereas all other orders are bestowed from
favour or meaner motives; for the banneret is never created, unless at a time when
the king's standard is erected. In France they are said to have transmitted the
degree to posterity, but in England and Scotland it dies with the person that ob-
tained it. Bertrand de Guesclin, Constable of France, after the defeat he gave the
English at Cockerel, where he took their General, Sir John Chandos, made knights
bannerets, MeJJire Jacques le Mercier, Lord of St ^intin des Isles, and the son-in-law
of the same Mercier, called Bertauld de Gastel, Lord of Vitray le Gastel. And Sir
John Smith was made one alter Edgehill fight, for rescuing the standard of
King Charles I. from the rebels. The Scots (says an Enghsh author) are supposed
to call such a knight a bannerent, from the rending of his banner. But now these
honours of the field have been of long time laid aside. As for the ceremony of
their creation, I refer to Mr Segar.

The badges and ensigns of knighthood among the Romans were a ring ; and in
Genesis we read of Pharaoh's taking off his ring, and putting it upon Joseph's
hand. Among the Germans the shield and lance were accounted the grand
badges of mihtary honour or knighthood. Much hke the ancient Germans was
the custom of making knights among the Irish. And Favin observes, that the
shield and lance were the proper arms appertaining to French knights, which
esquires, armigers, carried always after their masters. Another ensign of knightly
honour is the cingulum militare, or balteus, which Varro says, is Tuscan, signifying
a military girdle, which was garnished with great buckles, studs, and rings of
pure gold, to show their dignity and power in military commands. Our knights
were no less.anciently known by these belts than by their gilt swords, spurs, &-c.
Howbeit, the use now only appears in knights of the bath. To the belt was also
added a sword, not of ordinary use ; and therefore termed the sword of a knight.
Another eminent badge is the golden spurs, wherewith, at the time of their crea-
tion, knights were wont to be adorned ; and, to these, a little after the conquest,
were added far more and greater ornaments. And several families, by the name
of knight, bear for their arms the spurs on a canton. In the last place, is the col-
lar, an ensign of knightly dignity among the Germans, Gauls, Britons, Danes, and
Goths, among whom it was customary to wear them, denoting such as were re-
markable for their valour. But, in later times, it was the peculiar fashion of knights
among us to wear golden collars, composed of S. S. or other various devices; and
such is the honour of knighthood, that several kings of France, England, &c. received
this dignity at the time they enjoyed their other titles. And though it i* said the
sons of the French king are knights as soon as they receive baptism, yet are they
not judged worthy of the kingdom, unless first solemnly created ; and we else-
where find that the royal heirs of Arragon were suspended from that crown until
they had received the honour of knighthood. And, after the Norman conquest,
the young princes of England were sent over to the neighbouring kings to receive
this honour. Thus King Henry II. of England was sent to our King David, and
knighted by him in Carlisle ; and Edward I. of England, at the age of fifteen
years, was sent to Alphonsus XI. King of Castile, for the same dignity. In hke
manner, Malcolm King of Scotland and Alexander, son of Wilham, King thereof,
were knighted by John King of England, anno 1211. And our King Alexander III.
by King Henry III. of England, a/ino 1252. And Magnus, King of the Isle of

EXTERIOR ORNAMENTS. 85

Man, by the same king. All which sulliciently demonstrate the honour and esteem
which was ever had for that order.

As to the collars and badges belonging to knights of sovereign and high orders,
being also figures used in adorning armorial shields, my reader is not liere to ex-
pect a particular enumeration and description of these many and dilVerent orders
in Europe, their first rise, what aie secular, and u hat religious, which would be a
subject too long here to narrate ; but 1 refer my readers to the respective authors
on that subject in the several kingdoms, and, particularly, to William Segar Nor-
roy King at Arms, his book, intitled. Honour, Mditary and Civil, and to that ela-
borate book of Mr Ashmole's Institutions of the Order of the Garter, to Andrew
Favin's Theatre of Honour and Knighthood, 6i.c. Only that I may omit no ex-
terior figures now used in adorning escutcheons, I siiall here mention a few of the
most eminent of these high secular orders, their institutions, collars, and
and how they are placed about the shield.

And first, I shall begin with France, their order of St Michael, which was insti-
tuted by Lewis XI. King of France, in the year 1469. And that which moved
the king to call it St Michael (says Mr Segar) was the memory of the apparition
of that saint upon the bridge of Orleans, before the delivery of the city besieged
then by the English. But because I will not trouble my reader with fabulous
accounts about its rise, I shall insert here that king's own letters patent instituting
the same, which are as follows.

" Lewis XI. King of France, to all that are, or shall be, greeting. Beit known,
" that in regard of the perfect and sincere love we bear to the Noble Order of
" Knighthood, the honour and increase whereof we most ardently desire, that as
" we heartily wish the Holy Catholic Faith, our Holy Mother Church, and the
" public prosperity may be maintained, we, to the glory of God our Almighty
" Creator, and in reverence of the Blessed Virgin Mary, as also in honour of St
" Michael, the prince and chief of knights, who fought in God's cause against
" the ancient enemy of mankind, and cast him down from heaven, and who has
" always secured his place, preserved his oratory, called Mount St Michael, with-
" out suffering it at any time to be taken, subdued, or delivered into the hands
" of the ancient enemies of this kingdom. And to the end that aU generous and
" noble spirits may be excited, and stirred up to virtuous actions.

" The first day of August, in the year of Grace 1469, and the ninth year of
" our reign, at the castle of Amboise, we constitute, erect, and ordain an order of
" brotherhood, or loving society, of a certain number of knights, which it is our
" will shall be called. The Order of St Michael the Archangel, in and under the
" form, conditions, statutes, ordinances, and articles hereafter set down."

Then follow the statutes, which, being in number sixty-one, are too long to be
here inserted. This St Michael is the titular angel and protector of France ; in
reverence of whom their ancient kings were wont to solsmnize this festival-day
with great magnificence, and keep an open court. Their number at first were to
be thirty-six, whereof the king and his successors were chief and sovereign of this
order ; but it afterwards proceeded to the number of three hundred. Their habit
is doublet, hose, shoes, scabbard, cope, band, and feather, all white ; the surcoat
with sleeves is cloth of silver, over all was a mantle of white damask hanging down
to the ground, furred with ermine, tied upon the right shoulder, and turned up over
the left, having its cap embroidered with gold, and the border of the robe inter-
woven with escalops and knots of gold; the chaperon, or hood, with its long tip-
pet, was made of crimson velvet. But afterwards King Henry II. of France or-
dered for the future this cloak or mantle to be cloth of silver embroidered with
this device on them, viz. three crescents of silver interwoven with trophies, qui-
vers, and Turkish bows, seme, and cantoned with tongues of fire ; the chaperon or
hood of crimson velvet adorned with the same embroidery. The same King Hen-
ry ordered the Ch^mcellor of the Order should wear a cloak of white velvet, and
the hood of crimson velvet. The Provost and Master of the Ceremonies, the Trea-
surer, Register, and King of Arms, white satin cloaks, and hoods of crimson satin,
with a chain of gold at the end, whereof an escalop of gold hangs upon the
breast ; there is also an herald of arms to attend this order, called Monsieur St
Michael.

S6 EXTERIOR ORNAMENTS.

The knights of this order, over all their said habit, wear the collar of St Mi-
chael, which is very rich. The great collar is of gold, as it were tortille, and
adorned with cockles of the same metal: or, as others say, it consists of double
escalop-shells of gold, listened with round points of black silk, and long tags of
gold interwoven after the manner of true lovers knots. At the end of which
(hanging on the breast) is annexed an oval of gold, and there is a little rising hill
curiously enamelled, on which stands the figure of St Michael combating and
trampling down the dragon under his feet. The motto, Immensi tremor oceaiii.
Their annual and grand festival was to be celebrated on Michaelmas-day, at the
church of Mount Michael in Normandy ; but afterwards transferred to Bois de
Vincennes near Paris. The great seal of this order has the figure of St Michael
engraved on it, in the same manner as that which hangs at the collar. The lesser
seal is three flower-de-luces, entoured with the order.

I find several of our nobility to have been of this order in the reign of King
James V. and Q^ieen Mary. But after the number of the knights hereof were so
much increased, this order lost of its reputation ; yet it is said that the collar and
robe are bestowed only upon the thirty-six. And the pendant of St Michael given
to none but the supernumerary knights. This order is not quite extinct, as some
writers would persuade us, but is incorporated into that of the Holy Ghost; upon
the institution whereof not only care was taken to preserve this of St Michael and
to rectify it, but the knights had the privilege allowed them, that if they thought
fit they were capable of receiving that of the Holy Ghost, and no stranger or na-
tive could be inroUed therein who had taken upon him any other order. And there-
fore all the knights of the Holy Ghost first receive the Order of St Michael the
evening before they are admitted into the other ; and for that reason they now
frequently use the collars of both orders above their habit and mantle when they
appear in their robes, and also round their armorial shields.

And here it is to be observed, that when the royal armsof France are either painted,
tut, or embroidered, with all their exterior ornaments, the collars of these two
orders are constantly placed round the royal shield ; a figure whereof Monsieur
Baron has given us in his Art of Heraldry ; where that of St Michael, as being
the ancientest order, takes place, and hath its situation next the royal escutcheon ;
whereas that of the Holy Ghost, though esteemed the most honourable, does but
surround the collar of the said saint. Also the knights of both these orders are in
use to wear both the collars, after the same manner, round the shield of their arms,
and the figure of St Michael on their dexter side, when they only wear that of the
dove as the badge of the Order of the Holy Ghost on their sinister. And here I
give it as my opinion, though with due respect to my brethren of South Britain,
that I think it most comformable to the rules of heraldry, that when the royal
arms of Great Britain are set forth to pubhc view, either by painting, sculpture,
or otherwise, with exterior trimmings, his Majesty, as sovereign of the orders in
both kingdoms, viz. that of the Thistle in North, and that of the Garter in South
Britain, ought to have his royal armorial shield adorned with the collars of both
these high and most honourable orders of knighthood. And though that of South
Britain be termed the most noble, yet that of ours being the more ancient, it
seems reasonable to me that the same ought to be preferred, and have its situation
next the royal shield, and that of the Garter to surround the other, according to
the figure Sir George Mackenzie has given us in his Science of Heraldry, page 99.
in a sculpture of the achievement of his then Majesty of Great Britain, agreeable to
the foresaid method used in France; where, in justice, we cannot but allow those
of the profession of heraldry to be well known in the said science. And all that
are competent judges will also allow them to be of all nations the most regular in
their marshalling of arms, and trimming of armorial shields. And here I commend
the justice South Britain has done us at the union of the two kingdoms, by mar-
shalling the royal banner so as to place our St Andrew's cross immediately on the
royal flag on its azure field, when that of St George does only surmount the same,
our white saltier serving as a field thereto.

The Order of the Knights of St Esprit, or Holy Ghost, in France, has of late
years taken place of all others, and been accounted the most honourable Order in
that kingdom. It was instituted by King Henry 111. of France, in the year 1578,

EXTERIOR ORNAMENTS. S7

to unite his nobles more firmly in their obedience, to encourage them to persev'ere
in the Komish religion, and to illustrate the state of his nobility. It was so called
by reason he was born on Whitsunday 1550, elected, that day, anno 1573, King of
Poland, and on that day, anno 1574, succeeded to the crown of P" ranee. And at
the same time to rectify the abuses that were crept into the Order of St Michael,
that had been given to unworthy persons, upon which acco-ant the two orders
were incorporated, as is observed before. The king's letters patent being too long
here to insert, I refer to Sir William Segar's book, called Honour Military and
Civil. The most material of the statutes are, that there shall be a sovereign of the
order, who is to have absolute authority over the brethren thereof, and all things
relating to it, and that the same be no other but the King of France, and no
king to exercise that authority till crowned, and on the coronation-day to take the
oath of the order as follows : " We A, by the grace of God, &c. do solemnly
" swear and vow on this book in our hands to God the Creator, to live and die in
" the Holy Catholic and Apostolic Faith and Religion, as to every good and most
" Christian king it belongeth ; and rather to die than fail at any time therein.
" We swear also to maintain for ever the Order of the Holy Ghost, without suffer-
" ing it to shrink, fall, or diminish, so long as it remains in our power to help it,
" to observe the statutes of the said order truly and entirely, and never to alter or
" change the irrevocable statutes thereof," Stc.

The number of persons contained in this order is said to be one hundred
knights, besides the Sovereign, or Great Master; which office is inseparable from the
crown of France; and in which said number are comprehended four cardinals, five
prelates, the chancellor, provost, master of the ceremonies, great treasurer, and
scribe, who are called Commanders. Their anniversary grand feast is held on the
first day of the new year, or first of January, but the first part of the ceremony
begins always on the last day of the old year, when it was instituted ; and the
place for celebratmg thereof is the church of Augustine Friars in Paris; but if
the king cannot be there present, then it is to be celebrated where he shall per-
sonally be, and in the greatest church, there being divers ceremonies to be observed
by them in the celebration thereof, which are set down by Sir William Segar,
page 88.

The habit appointed for the knights of this order is a long robe or mantle of
black velvet, turned up on the left side, and opened on the right, being at first em-
broidered round with gold and silver, consisting of flower-de-luces, and knots of
gold between three sundry cyphers of silver; and above the flower-de-luces and
knots were thickly powdered flames of fire. This great mantle was garnished with
a mantle of cloth of silver, covered with embroidery made after the same fashion,
excepting only that instead of cyphers there were wrought doves of silver, and
both these robes double-lined with a satin of orange tawny. The great collar
worn over the mantle was at first composed of flower-de-luces cantoned, or counter-
ed, with flames of fire, interwoven with three cyphers and divers monograms of
silver; one was the letter H, and a Greek lambda, both double, being the initial
letters of the king's name, and his queen's, Louisa de Lorrain ; the other two were
reserved in the king's own mind. But these cyphers were taken off the collar, and
the embroidery of the robes, by King Henry IV. and, for a mark of his victories,
trophies of arms were interlaced instead thereof with the letter H. crowned, (the
initial of his name) whereout arose flames and sparks of fire ; and, for the like
reason, the H has been changed into L, both by Lewis XIII. and XIV. At this
collar hung a cross, richly enamelled in the midst, whereon was figured a dove in
a flying posture, as descending from Heaven, with full spread wings: And that an
epigraph might not be wanting, some have attributed to it this, Duce ^ Auspice.
Besides these ornaments, the knights of this order wear a black velvet cap, with a
white plume; their breeches and doublets are of cloth of silver, and their hose and
shoes white, tied with roses or knots of black velvet. The badges ordained to
be ordinarily worn, are a cross of yellow, or orange colour velvet, like a Malta,
cross of eight points, fixed on the left side of their breast, except in military expe-
ditions, and then they are permitted to wear them of cloth of silver or white velvet,
having on the middle of the cross a silver dove, and at the angles, or corners, rays
and flower-de-luces of silver. They have a cross of the order made of pold, of

VouIL 3 D

88 EXTERIOR ORNAMENT.S.

eight points, (like the Malta cross) with a flower-de-luce in each angle, to be worn
about tlieir necks in a blue ribbon, and to be enamelled white about the sides, but
not in the middle.

The Great Seal of this order is as large as the Great Seal of France. In it is
represented King Henry 111. on a chair of state, with the Chancellor of the order
on his right hand, liolding the Holy Gospels, and on his left the register of tlVe
order, reading those oaths which knights are to take. Before the king kneels the
knight, holding his hand on the Holy Evangehsts, all of them in their robes and
collars of the order. On the top of the seal, in a great Hght, appears the Holy
Ghost in the form of a dove, descending over the king, and about it beams of light
and fiery tongues. Round the seal are these words, Heyiry III. of the name, by the
Grace of God, Kiii^ of France and Pokmd, Founder and Sovereign of the Knights of
the Order of the Holy Ghost. On the reverse is an escutcheon, charged with three
flower-de-luces cantoned with four flames in the same manner as on the great
collar of the order, and in the upper part, instead of a crown, is a dove descend-
ing, encompassed, as the rest of the escutcheon, with sun-beams of gold and flames
of fire.

The Order of Knighthood of the Toison d' Or, or of the Golden Fleece, in Spain,
was instituted by Phihp II. Duke of Burgundy and Earl of Flanders, surnamed the
Good, at his marriage with Elizabeth, daughter of Portugal, in the city of Bruges
in Flanders, the loth of January 1429, to perpetuate the memory of his great re-
venues raised by wools with the low countries ; some say in commemoration of
Gideon's fleece, or of Jacob's fleece, viz. the party-coloured and streaked fleece,
after the example of Jason and his Argonauts, whose expedition to Colchos he in-
tended to make his pattern by a voyage into Syria against the Turks, for the con-
quest of the Holy Land, albeit it took no effect. The letters patent for the insti-
tution are dated the said loth of January 1429. He founded it to the glory
of the Almighty Creator and Redeemer, in reverence of the Virgin Mary, and
St Andrew the Apostle, whom he elected for patron hereof, and whose festival
was celebrated on that day, but afterwards translated to the first of May, by rea-
son of the shortness of the days, and the fatigue aged knights would find to con-
tinue in an intemperate season, and that but once in three years, unless the sove-
reign otherwise pleaseth. The number of these knights at the first election were
twenty-four, all gentlemen unblemished, himself and his successors to be chiefs
and sovereigns of the order, which was always to be to him to whom the dukedom
of Burgundy did lawfully descend, who hath in himself authority to give and be-
stow this honour to whom he pleaseth ; the said Duke Phihp reserved the nomi-
nation of six more knights at the next chapter. But Charles V. increased them,
anno 1516, to fifty. Duke Charles and Maximilian, sons to the founder, annexed
many privileges to them, which were confirmed anno 1556. And those who were
to be admitted into this order were obliged to renounce all other orders of knight-
hood ; nevertheless all emperors, kings, and dukes, are excepted, unto whom
it is dispensed that they may wear the ensigns of this order, if they were sove-
reigns of an order of their own. To this order doth belong four principal offi-
cers, viz. the Chancellor, Treasurer, Advocate, and a King at Arms, called 'Toison
d'Or.

For their habit three different mantles were ordained them at the grand solem-
nity : The first day one of scarlet cloth, richly embroidered about the lower end
with flints struck into sparks of fire, and fleeces with chaperons oi the same ; and the
same day, after dinner, to proceed to vespers in mantles of black, and of the co-
lour of chaperons ; the day following they were to hear mass, habited as themselves
thought fit ; but Duke Charles afterwards prescribed them mantles of white da-
mask for that day's ceremony, and changed their cloth mantles into velvet. Lo-
gan, in his Analogia Honorum, says, for habit they have a cassock of crimson
velvet, and over it a mantle of the same, lined with white, which openeth on the
right side, and is turned upon the left over the shoulder, embroidered round about
\vith a border of flames, fusils, and fleeces, and a hood of crimson velvet on their
heads.

The great collar of this order is of gold, composed of double fusils or steels,
placed back to back, two and two together, as if they were double B, representing

EXTERIOR ORNAMENTS.

!k>

It both ways, to signify Burgundy. And these fusils ;ire interwaven with flint
stones (in reverence to the arms of the ancient kings of Burgundy of the French
race) seeming to strike fire, and sparkles of fire between them, tiie device of the
founder. At the end whereof hung a pendant, being the resemblance of a golden
fleece, enamelled proper, which Jason won at Colchos, or as some suppose Gideon's
fleece, which signifies fidelity or justice uncorrupted. And this collar or toison
they are obliged, upon a penalty, always to wear, and not to make any altera-
tions ; and to sell or exchange it is deemed most unlawful. To the flint Paradine
ascribes the motto, Ante fa it quamflamma micet, it strikes before the fire appears :
and to the fleece, Pretium non vile laboris. The jewel is commonly worn in a double
chainet or mails of gold, linked together at convenient distance, between which
runs a small red ribbon, or otherwise it is worn in a red ribbon alone. Charles
Duke of Burgundy gave a device to the fusil in the collar, being an instrument to
strike fire, called an ansil, which, with these words foresaid, Antefetit quamflamma.
micet, became his device ; meaning he had power to kindle great trouble before
it was perceived, which he did to King Lewis XI. of France. But afterwards was
unlucky in his war against Benato Duke of Lorrain, who defeated his army, and
killed himself before Nantz, who seeing Duke Charles' standard brought to him
with the fusil and motto upon it, said he was an unfortunate prince, who, when he
had most need to warm himself, wanted leisure to strike fire, the earth being then
covered with snow.

The emperors of Germany descended from Philip Archduke of Austria, Duke
of Burgundy, and Count of Flanders, were the sovereigns of this order, till Charles
V. gave the guardianship of it to the kings of Spain, which he performed on the
25th of October 1556, conferring it on his son King Philip at Brussels, who
ascended the throne of Spain in right of his wife. When he took the collar- from
his neck, and with his own hands put it over his son's shoulders, in the presence of
divers of the knights, with this form, " Accipe, fill mi, quern e collo meodetraho, tibi
" prrecipuum, aurei velleris torquem, quem Philippus Dux Burgundire, cognomine
" Bonus, atavus noster, monumentum fidei sacra RomaiKc ecclesia;, esse voluit,
" & hujusce institutionis ac legum ejus fac semper memineris : " Since which
the honour of being chief of this order remains at this day in the crown of
Spain.

Duke Charles, son of Philip, (the first institutor of the order) as he was the
second sovereign of this order, so he was the first that on his seal surrounded the
escutcheon of his arms with the collar thereof, as is to be seen on his seal append-
ed to several diplomas in the year 1470. As Ohvarus Uredus, in his Treatise de
Sigillis Comitum Flandria, hath given us a figure thereof ; so that, as I observe, this
is the oldest practice of surrounding armorial shields with the collars worn by
knights of high and sovereign orders of knighthood. But how soon the like was
practised in France, I have not as yet discovered. As for our usage of this me-
thod in trimming the achievements of the several knights of our high orders of
knighthood in North and South Britain, sure I am the former example of Duke
Charles in adorning his shield of arms this way, is long prior to the practice there-
of with us.

His son-in-law Maximilian Duke of Austria, (son to the Emperor Frederick
III.) by marrying his daughter and heiress Mary Dutchess of Burgundy and Coun-
tess of Flanders, besides their other seals of arms, used also one called si'^illum se-
cretum, which is appended to several evidents, upon which was a lion seiaiit, hold-
ing by his right paw the shield of Maximilian, and in his left that of Mary
Dutchess of Burgundy : and about the neck of the lion supporter of both these
shields hung the collar of the golden fleece, with his head in a helmet grille m
profile, adorned with volets, and crowned with a crown of one arch ; and the le-
gend round the seal, Sigillum sec return Maximiliani y Maria Ducum Austria,
Burgundice, Brabantia, Comitum Fiandria, Tirolis, &-c. And it is to be observed,
their successors, when represented on their seals, enthronized, and in their robes,
had the said collar about their necks. And when emperors and kings of Spain
they used it round their shields of arms, as sovereigns of the order. So much then
concerning the sovereign orders of knighthood abroad, and their manner of placing
of collars and badges of royal knighthood round arms. Forbearing to proceed

90

EXTERIOR ORNAMENTS.

further to give a descnption of many others in Europe, as out of my road, I shall
next proceed to give a description of the orders of knighthood in Britain, beginning
first with those in South Britain.

Where the Knights of the Round Table may, for antiquity, challenge the first
place, being an order accounted absolutely military, and founded by the valiant
Arthur King of Britain, who reigned about the year of Christ 516, and who lived
in such great renown that worthy knights came from all parts to his court as a
seminary of discipline, to demonstrate their valour in point of arms. This gave
him occasion to select out of these, and his own subjects, some say twenty-four,
others a greater number, amongst whom himself was chief of the most valiant,
which he united in a fellowship ; and, to avoid all controversy about precedency,
caused a round table to be made, whence the order had its appellation. He ad-
mitted not only Britons, but strangers ; and their qualifications were to be per-
sons of nobility, dignity, and renowned for virtue and valour. The place where
they were instituted was Windsor, and their time of convening was Whitsuntide.
In Winchester Castle was a large round table, called (and affirmed to be) King
Arthur's, or at least set up in the room of one more ancient, which was destroyed
in the late civil wars, with other reliques there. The articles which these
knights vowed to keep, were to be always well armed, both for horse and
foot service, either by land or sea, and to be always ready to assail tyrants or
oppressors, to protect and defend widows, maidens, and children, to maintain the
Christian faith, &c. I forbear to relate more concerning this order, as not answer-
ing my design relative to exterior ornaments, of the armorial shields, in regard I
find no authentic proof what badge they bore, notwithstanding the report that
King Arthur had a shield named Pridwin, wherein the Virgin Mary was de-
picted. His sword and lance had also their names, one being called Caliburne,
the other Irone or Rone. Neither is it remembered that this order survived the
founder, but rather that it expired with him, most of these knights perishmg with
him at the battle of Kamclan, now Camelford in Cornwall, where he was killed,
anno 542.

The next order of knighthood in South Britain, is the Most Noble Order of the
Garter, or St George, which being a royal order, generally so well known, and
has been treated of by so many learned writers, particularly so copiously by Elias
Ashmole, who has obliged the world with a large folio on the history thereof, a
little said will suffice, referring the curious to him, Peter Heylyn and others, who
have wrote of it at large. It owes its original, as is confessed on all hands, to Ed-
ward III. King of England and France, in the year 1350. The vulgar and more
general account thereof is, that the garter of Joan, Countess of Salisbury, drop-
ping casually off" as she danced in a solemn ball. King Edward stooping, took it
up from the ground, whereupon some of his nobles smiling, as at an amorous ac-
tion, and he observing their sportive humour, turned it off" with a reply in French,
Honi suit qui mal y pease ; but withall added, in disdain of their laughter, " That
•' shortly they should see that garter advanced to so high an honour and renown,
" as to account themselves happy to wear it." Segar says, that King Edward
dancing with the queen and other ladies of his court, happened to take up a blue
garter which fell from one of them, which the king wore after about his right
leg for a favour ; whereat the queen taking offence, it was signified to the king
that she was displeased ; upon which he said, Honi soil qui mal y pense, i. e. Shame
be to him that evil thinks. I will make of it (continues he) e're it be long,
the most honourable garter that ever was worn, and thereupon instituted this or-
der. Yet, in the original statutes of this order, there is not the least ground to
countenance the conceit of such a feminine institution, no not so much (says
Mr Ashmole) as laying an obligation on the knights companions to defend the
quarrel of ladies, as some orders then in being enjoined. But that this may ap-
pear, what indeed it is, a mere fable, we shall insert the judgment of Dr Heylyn,
who took great pains in this particular. " This, says he, I take to be a vain and
" idle romance, derogatory both to the founder and the order first pubhshed by
" Pol. Virgil, a stranger to the affairs of England, and by him taken upon no bet-
" ter ground than/*?«a vulgi, the tradition of the common people, too trifling a
" foundation to so great a building."

EXTERIOR ORNAMENTS. 91

The true motive w-as therefore neither the lady's garter, or King Ricliard's
leathern thong, to wliich it owes its original : But King Edward being a person
of consummate vntue, gave himself up to military atiairs; and being engaged in
war for recovering his right to France, made use of the best martialists of the age ;
and did thereupon first design (induced by its ancient fame) the restoration of king
Arthur's round table foresaid, the better to invite hither the gallant spirits from
abroad, and endear them to liimself; and adjudging noplace more proper than
Windsor, upon new year's day, anno 1344, he issued out letters of protection for
the safe gomg and returning of foreign knights, to try their valour at the solemn
jousts, tilts, and tournaments, to be held there on Monday, after the feast of St
Hilary following ; and royally entertained them with magnificent feasts and other
princely favours, to engage them unto him ; and ordained this festival to be annu-
ally at Whitsuntide, and immediately after caused erect a building in Windsor
Gastle, and therein placed a table of two hundred feet diameter, where the knights
should have their entertainment of diet at his expence of 100 lib. per week, which
he called, The Round Table.

But Philip de Valois, King of France, in emulation of this seminary at Wind-
sor, set up a round table at his court, and invited knights and valiant men of
arms out of Italy and Alleraagne thither, lest they should repair to King Edward
111. which, meeting with success, proved a counter-mine to his main design. He at
length resolved upon a projection, more particular and select, and sucli as might
oblige those whom he thought fit to make his associates in a lasting bond of friend-
ship and honour: And having issued forth his own garter for the signal of battle, that
was crowned with success, (which is conceived to be the battle of Cressy, fought
three hours after his erecting the Round Table ;) upon so remarkable a victory, he
thence took occasion to institute this order, and the garter had the pre-eminence
among the ensigns of it ; whence that select number, whom he incorporated into
a fraternity, are stiled Equites aiireit periscelidis, and vulgarly. Knights of the Garter.
By this symbol he designed to bind the knights and fellows of it mutually unto
one another, and all of them jointly to himself, as sovereign of the order ; nor was
his expectation frustrated, for it served not only as a spur to honour and martial
virtue, but also a golden bond of unity ; and therefore Mr Camden aptly calls it a
badge of unity and concord. The garter was the only part of the whole habit of
the order worn at first. And that none might believe (says Mr Miege in his State
of South Britain) that the sovereign had any other design but what was just and
honourable, the above motto was ordered to be wrought on the garter, Honi soil
qui mal y pense. The same being put in French, because being then possessed of
a great part of France, that tongue was very familiar in England. And Mr Ash-
mole tells us, that when the said King Edward III. had laid claim by his title to
the kingdom of France, in right of his mother, and assuming its arms, he, from
the colour of them, caused the garter to be made blue, and the circumscription
gold ; and, without straining the said motto, it may be inferred therefrom, that he
retorted shame and defiance upon him that should dare to think amiss of so just
an enterprize, as he had undertaken for recovering of his lawful right to that
crown.

The value of this order is much enhanced by the small number it contains,
having at the first institution been appointed for only twenty-six, including the
sovereign, and that number never after increased ; whereas all other orders (ex-
cept our own) have been so freely bestowed, that they have lost much of their
esteem by it.

The patrons of this order were several, under whose protection (according to the
custom of the age) King Edward III. put himself and all the knights companions,
that the affairs of the order might be defended, preser\-ed, and governed. The
first and chiefest which he elected was the Holy Trinity, idly. The Virgin
Mary, accounted then the general mediatrix and protectress of all men. jrf/y, St
George of Cappadocia, a choice martyr, soldier, and champion of Christ, in re-
spect of whom the knights had the title oi Ecpiites Georgiani, St George's Knights:
and the order itself came to be called the Ordo divi Saiicti Georgii, the Order of
St George. And, if we may believe Harding, it is recorded that King Arthur
paiH St George particular hoiiours, for he advanced his picture in one of his baij-
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ners. And, lastly. The founder added a fourth patron, viz. St Edward the Con-
fessor, King of England ; and we find he was invocated by this founder, as well
as St George, in any great difficulty and straits. Walsingham gives an instance
at the skirmish of Calais, anno 1349, when King Edward in great anger and
grief drew out his sword, and most passionately cried out. Ha St Edward, Ha St
George.

This order has been honoured with the companionship of eight Emperors of Ger-
many, three Kings of Spain, five Kings of France, two Kings of Scotland, five
Kings of Denmark, five Kings of Portugal, two Kings of Sweden, one King of Po-
land, one King of Arragon, two Kings of Naples, besides divers foreign dukes
and other free princes, by which the knights and noblemen of this order are raised
to this pitch of greatness, as to be companions and associates with emperors and
kings, a prerogative of an high nature, and a sufficient recompense for the great-
est merit. And the learned Selden bestowed an high eulogy on it, in saying, that
it exceeds in majesty, honour, and fame, all chivalrous orders of the world.

The habit and ensigns of this most noble order are most eminently distinguish-
able, and magnificent, and consists of these particulars, viz. the garter, mantle,
surcoat, and hood, which were assigned the knights companions by the founder,
and the George and collar by King Henry VIII. all which are called the whole
habit or ensigns of the order. The royal garter challengeth the pre-eminence, for
from it this famous order received its denomination; it is the first part of the habit
presented to foreign princes and absent knights, and that wherewith they and all
other elect knights are first adorned, and of so great honour and grandeur, that by
the bare investiture with this noble ensign, the knights are esteemed companions
of this order. The materials whereof is an arcanum ; as to the ornamental part
of it, it was adorned with gold and precious stones, and had a buckle of gold at
the end, to fasten it about the leg. This, according to Polydore Virgil. But ttre
garter sent to Emanuel Duke of Savoy, anno ist and 2d Philip and Mary, was set
with letters of goldsmith's work, the buckle and pendant of the same, and on the
pendant a ruby, and a pearl hanging at the end. But that garter sent to Gusta-
vus Adolphus King of Sweden outvied all others conferred by former sovereigns,
each letter of the motto being composed of small diamonds ; and for every stop a
diamond within a range of diamonds above and below on the sides of the garter,
and besides other diamonds on the buckle, and about the same, to the number in
all of 411. The garter which King Charles I. wore upon his leg at the time of
his martyrdom had the letters of the motto composed likewise of diamonds, which
amounted to the number of 412. It came to the hands of Captain Preston (one of
the usurper's captains) from whom the trustees for sale of the king's goods receiv-
ed it, and sold it to Ireton, Mayor of London, for 205 lib. The motto of King
Charles II. was set with diamonds upon blue velvet, and the border wrought with
fine gold wire, the hinge of the buckle was pure gold, and on it the sovereign's
picture to the breast curiously cut, crowned with laurel, and on the back side was
engraven St George on horseback encountering the dragon. At the first erection
the garter was appointed to be wore on the left leg a little beneath the knee ; which
usage still presides. And the placing it thus on the sepulchral portraitures of
knights companions was an early custom : For, on the alabaster monument of Sir
William Fitzwarin, who was interred in the north side of the chancel at Wantage in
Com. Berks, 35th Edward III. he lies there with his surcoat of arms upon his breast,
and the representation of a garter (but without a motto) carved upon his left leg,
and the like on several other monuments. Thenceforward the practice became
more frequent, and then the motto began to be cut thereon ; in so much that it is
now the constant and just practice to do it whensoever the knights companions are
exhibited in effigies.

The second ensign is the mantle, which is the chief of these vestments which
the sovereign and knights companions make use of upon all solemn occasions re-
lating to the order. That this pattern was derived to us from the ancient Greeks
and Romans, is not at all to be disputed, since it so little varies in fashion from
their pallium or toga. This upper robe, called the mantle, which was prepared for
the founder against the first feast of this order, appears to be fine woollen cloth.
And the first time we discover the mantle to be of velvet, is about the beginning

EXTERIOR ORNAMENTS.

93

of the reign of King Henry VI. which sort of silk hath thence remained unto this
day. The colour of these mantles is appouited by the statutes to be blue, and of
this colour was the founder's, by which, as by the ground-work of the garter, it
is not improbable he alluded to the colour of the field in the French arms, which
a few years before he began to quarter with those of England, and of the same co-
lour were the velvet mantles in the time of Henry VI. who, though he altered the
stuff, did not vary the dye. It is apparent that the blue colour was retained to
King Edward IV's. reign; for when tiiis sovereign transmitted the habit and en-
signs of the order to Julian de Medicis, the mantle was of blue velvet. And in
the reign of Ring Henry Vlll. the mantle sent by that king to our King James
V. was of blue velvet, and in the ancient form of admonition and signification ap-
pointed to be spoken at the investiture of foreign princes, it is called the mantle of
celestial colour. In Q^ieen Elizabeth's reign, upon what ground history is silent,
the colour of foreign princes' mantles was changed from blue to purple ; for of that
colour was the mantle she sent to the French King, Charles the IX. and to the
Emperor and King of Denmark. Thus the purple colour came in request, and
continued till about the I2th of King Charles I. restored the colour of the mantle
to the primitive institution; and the sovereign and knights to honour the installati-
on of the prince, afterwards King Charles II. made the first essay of these mantles,
being of rich blue velvet got from Genoa. But on the 14th of January anno 12.
Car. II. the mantles and surcoats of the knights companions were to be of sky-
colour and crimson velvet ; the only difference of the mantles betwixt the sove-
reign, foreign princes, and knights subjects is, that the two first have theirs more
full and extensive with a long train, and the last have theirs more scanty. The
left shoulder of each of these mantles have, from the institution, been adorned with
a large fair garter containing the said motto, Honi soit qui mal y pense. And with-
in this garter was the arms of St George, viz. argent a cross gules, first wrought in
satin, with gold, silver, and silk, but afterwards it was more richly done on velvet.
The garter fi.xed on the mantle of King Charles II. was done with large Oriental
pearl. The lining of this robe was white damask, afterwards white satin, but now
it is lined with taffeta: For exemplary ornament the mantle had fixed to its collar
a pair of long strings anciently woven of blue silk only (called cordons, robe strings
or laces) but of later days twisted round, and made of Venice gold, and silk of
the colour of the robe, at each end of which hang a great knob or button, wrought
over, and raised with a rich caul of gold, and tassels thereunto of like silk and
gold : And at the collar was usually fixed an hook and eye of gold for its firmer af-
fixing of it to the shoulders.

The third ensign of the order is the surcoat, or kirtle; it owes its original to the
?//«?(:« of the Greeks and Romans, which was worn next under the ^(yra; it was
called at first roba and tunica. And as the first mantles, so the first surcoats were
composed of woollen cloth, and continued so till the reign of King Edward IV.
but afterwards became velvet, as they are at this day, though sometimes they were
blue, white, and other colours, till the reign of. King Henry VIII. that they were
ordained to be of crimson velvet, and do so continue. At the institution of this
order, and a long time after, the surcoat was powdered all over with little garters,
embroidered with silk and gold plate, in each of which was wrought the motto,
Honi soit, &-C.; besides, the buckles and pendant to these small garters were silver
gilt; of these garters there were no less than 160 upon the first surcoat and hood
made for the founder. But this drapery of their robes became at length quite ob-
solete, perhaps when cloth was altered to velvet, and the plain surcoat hath to this
day continued in use; when they were of cloth they were lined with bellies of
pure minever fur, only the sovereign's was purfled with eniiine. Afterwards the
prince, a duke, a marquis, an earl, had each of them five timbre of pure minever
allowed to a surcoat; but the viscount, baron, baronet, and bachelor knights, but
three timbre a piece. In time these furs were disused, and the surcoat came to be
lined with white sarsenet till temp, Eliz. white taffeta succeeded, and that still
continues.

'i he hood and cap comes in the next place to be spoken of, which, in the black
book of the order, is called qapucium, and in the time of King Richard II. it is
called after the French chaperon; they were anciently wore for defence of the head

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EXTERIOR ORNAMENTS,

against inclemencies of weather but of later times caps and hats have supplied their
place, yet is not the hood quite thrown by, since it is still kept reclining upon the
back, almost like a pilgrim's hat. It was heretofore, and now is generally made of
the same materials as the surcoat, and was anciently trimmed, and set off with
a small proportion of garters, lined with cloth of a different colour, and such as
would best strike the sight. But now with taffeta, as is the lining of the surcoat.
As to the cap, which was instituted to succeed the hood, it hath been, and yet is,
fashioned of black velvet, lined with taffeta; but the figure hath several times
varied ; for in King Henry Vlll. his time, it was flat, in Queen Elizabeth's reign
it was a little raised in the head, but in King James's time they were much more
high crowned. This cap hath been usually adorned with plumes of white feathers,
and sprigs, and bound about with a band set thick with diamonds; so was the cap
for the installation of King Charles II. and sometimes the brims have been tacked
up with a large and costly jewel.

To these may be added the cross of the order, encompassed with a garter, which
by the sovereign was ordained the 27th of April, ido Car. I. to be worn upon the
left side of the cloaks, coats, and riding cassocks, of the sovereigns and knights
companions, of the prelate, and chancellor, at all times, when not adorned with
their robes. And it was not long after ere the ^lory, or star, as it was usually called,
having certain beams of silver, that shot out in form of a cross, was introduced,
and annexed to it, in imitation of the French, who after the same manner wore the
chief ensign of the Order of the Holy Ghost, being the representation of a dove
irradiated with such like beams.

There remains now the co/lar and George, brought in by King Henry VIII.
This collar was ordained to be of gold thirty ounces Troy weight, but not to ex-
ceed it ; howbeit that collar sent to Gustavus Adolphus King of Sweden weighed
thirty-four ounces and a quarter, and that of King Charles I. thirty-five ounces
and an half, which, after his sufferings, fell into the hands of Thomas Harrison,
one of Oliver's major-generals, and was by him delivered to the trustees for sale of
the king's goods, and they in 1649 ^^"^ '^ '•^ ^^^ mint, with divers of the regalia,
to set the stamp on work for the first gold that the upstart commonwealth coined.
It was appointed by King Henry VIII. that this collar should be composed of
pieces of gold, in fashion of garters, the ground enamelled blue, and the letters of
the motto of gold ; in the midst of each garter two roses placed, the innermost
enamelled red, and the outermost white ; contrarily in the next garter, the inner-
most white and the outermost red, and so alternately: But of later times these
roses are wholly red. And since our King James succeeded to the crown of
England, there hath been an intermixture of thistles. The number of these gar-
ters were twenty-six, being fastened together with as many knots of gold; nor
ought the collar to be adorned or enriched with precious stones, (as the George
may be) such being prohibited by the law of the order.

At the middle of the collar, before pendent, at the table of one of the garters in.
the collar is to be fixed the image of St George armed, sitting on horseback, who,
having thrown the dragon on his back, encounters him with a tilting spear. This
jewel is not encompassed with a garter or row of diamonds as in the lesser George,
but in a round relief. It is allowed to be beautified and set off with diamonds and
other enrichments at the pleasure of the knight companion who possessed it, and
upon that score it hath been frequently adorned with variety of costly work,
whereon the diamonds and other precious stones were set, to that advantage as
might, upon its motion and agitation, dart forth a resplendent lustre. We come
now to the lesser George of the order, and we do not find that the effigies of St
George was at any time worn by the sovereign or knights companions, before the
breast, or under the arm, as now used, till the 13th of Henry VIII. But then that
king decreed that every knight should wear loosely before his breast the image of
St George in a gold chain, or otherwise in a ribbon, the same to be fastened with-
in the ennobled garter, as a manifest distinction between the knights companions
and others of the nobility and knights, who, according to the mode of these times,
wore large gold chains, or collars, the ordinary signs of knighthood, of which after-
wards. And thus the wearing the medal or jewel, usually called the lesser George,
to distinguish it from the other work at the collar of the order, first received the

EXTERIOR ORNAMENTS. 95

injunction, and hath since been tVequently used. Tliis George was, for the most
part, of pure gold, curiously w rouglit, but divers of them were exquisitely graved
ill onvxes and agates, and with sucli a happy collection of precious stones, that
heightened and received their beauty by the skill of tiie artificer. In contriving
the tigures and history, the natural tincture of the stones have fitted them with
coUnub fir flesh, hair, and every thing else, even to surprise and admiration. In
this jewel is St George represented in a riding postiue encountering tiie dragon
with his drawn sword. By the last article of K-ing Henry Vlll.'s statutes it was
allowed to be enriched at the pleasure of the possessor, (as in the great George^
which for the most part hath been curioasly enamelled, and tiie garter about it set
with diamonds: The weight and bigness of these lesser Georges, being an ounce
and an half, and half quarter weight. This jewel was luiiig at a gold chain; after-
wards they were worn in silk ribbons as well as gold chains, which were promiscu-
ously used, and ad libitum: And so were the symbols of foreign orders, as divert
coins and medals declare. The colour of these ribbons when they came first to
be wore, was black. And it is reported that Robert Earl of Essex, observing in
France the jewels of the Order of St Micliael and St Esprit to be worn in blue
ribbons, ordered, upon his return, those ribbons whereat the George hung, to be
exchanged into that colour. And in a picture of Qiiecn Elizabeth, drawn towards
the declension of her reign, her lesser George is represented hanging before her
breast on a blue ribbon. And King James 1. decreed, that for the future tlie said
ribbon should be always of blue, and no other colour, nor in time of mourning it-
self should it be changed. The manner of wearing this ribbon in time oi peace
was pendent about the neck down to the middle of the breast whereat the lesser
George hung ; but since, for the more conveniency of riding and action, the same
is spread over the left shoulder, and brought under the right arm where the jewel
hangs; but where the picture of the sovereign and knights companions are drawn
in armour, there, even to this day, the George is represented as fixed to a gold
chain instead of a blue ribbon, and not brought under the right arm, as exhibited
on the three pound pieces of gold stamped at Oxford by King Charles I. 1643, and
on a medal of Charles Count Palatine of the Rhine, dated 1645. '^'^'^ George of
King Charles II. was set with fair diamonds, and, after the defeat given to the
Scots forces at Worcester, was strangely preserved by Colonel Blague, one of that
king's attendants, who resigned it for safety to the wife of Mr Barlow of Blarepipe-
house in Staffordshire, where he took sanctuary; from whom Robert Mihvard, Esq.
received, and gave it into the hands of Mr Isaac Walton, (all loyalists) and came
again to Blague's possession, then prisoner in the Tower; whence making his
escape, he restored it to King Charles II. Q^ieen Elizabeth, in the 9th year of her
reign, ordained that the knights companions should be bound by oath to take care
by their wills, that after their decease all the ornaments which they had received
should be restored — the robes to the college, and the jewels to the sovereign that
gave them. Thus much as to the original, ensigns, and badges of this noble or-
der. And those that are desirous to have a fuller account thereof may have it at
full length in Mr Ashmole's Institution of the Garter.

I proceed next to speak of the arms and seals peculiar to this order, and when
the foresaid symbols and badges came in use and practice in armories as an addi-
tional ornament in adorning outwardly the armorial shield of the knights com-
panions of this order. The arms of St George is ardent, a cross ^«/f.r. But though
it be the constant practice of the French, and other nations abroad, as also with
us in North Britain, that the knights of royal orders encompass the shield of their
arms with the collar of their orders, yet the Knights of the Garter in South
Britain do not make use of the collar of that order in adorning the escutcheon of
their arms, but only the garter, that being by them esteemed its principal ensign,
and sometimes having no shield of arms, the void space within the garter exhibits
their arms. And very observable is the seal of Charles Count Palatine of the
Rhine, wherein is a shield, quarterly, of the Palatinate and Bavaria, obscuring the
lion gardant its supporter, his four S S's only appearing quadrangularly, and his
h'l-ad a-top, ensigned with an electoral crown. The shield is encircled both with-
in the garter and collar of that order, and is the first and only example I have
met with wherein both these ensigns are jointly together, though it is very fre-

VoL. II. 3 F

90 EXTERIOR ORNAMENTS.

quent to express the collars of different orders together. Thus I have seen the
arms of Robert Dudley Earl of Leicester entoured within the garter, and a collar
of the Order of St Michael, the Garter, being the ancientest order, taking place
next the shield, he having been knight of both these orders. And the abridger of
Mr Ashmole's History of the Garter, tells us, That the funeral achievement of the
late James Duke of Hamilton had the garter, and collar of the thistle about it ;
but of the irregularity hereof I shall take notice afterwards when I come to the
Order of the Thistle.

Although this ensign of the garter was first designed in ornament to the left
leg, yet it was not confined so solely thereto, but was anciently used to encircle the
escutcheon of St George's arms foresaid, worn by the sovereign and knights com-
panions on their mantles; who within a small space afterwards (says Mr Ashmole)
used it to surround their own proper coats of arms, which their successors have re-
tained as their peculiar privilege, permitting it to none but to their principal
officer, the prelate of the order. The first example (says the said author) that
occurs is that of Sir Francis Burley, who was beheaded Anno Doin. 1388, where,
on his monument reared in the north wall near the choir of St Paul's, London, on
the front towards the head, was depicted his own arms impaled with his first wife's,
set within a garter, but another having the same impalement (placed below the
feet) is surrounded with a collar of S S. of the same form with that about his neck.
Also on the monument of Joan, wife of Ralph Neville Earl of Westmoreland, on the
south side of the choir in the Cathedral of Lincoln, bare the arms of Neville, im-
paled with these of Joan his wife, (who died Anno Bom. 1410) encircled within a
garter, and fixed on this lady's monument, daughter of John of Gaunt Duke ot
Lancaster. There is a collar of S S. placed about the square, but the paint being
faded, was rendered unintelligible. But though these and other antique instan-
ces be advanced by this ingenious author to prove the ancient usage of the
garter's surrounding armorial shields, yet are they not so convincing documents as
to establish me in the behef, that at the times foresaid the garter really was used
as an exterior ornament of the shield ; for, being but old pieces of paintings, it is
more probable the same has been done on these monuments long after, at least not
till after the practice hereof was introduced by King Henry VIII. And besides,
the said examples are not good heraldry : For Mr Sandford tells us, that no wife's
arms impaled with those of her husband can regularly be surrounded with the gar-
ter; as 1 shall take notice of afterwards.

King Henry VIII. (according to Mr Sandford, in his Genealogical History of
the Kings of England, and other learned authors of that kingdom) was the first
king of England that introduced into his Great Seal the escutcheon of his arms
encircled within the garter, and ensigned with a crown, as may be seen placed on
either side his portraiture sitting on his royal throne. Since him all succeeding
sovereigns of this kingdom have borne their arms after that manner, not only in
their Great and Privy Seals, but those appertaining to their courts of justice, and
generally in all matters where their arms were visible, except coins. In imitation
of whom the knights companions have done the like. For Mr Sandford, in his
said History, tells us, that, towards the latter end of that king's reign, the knights
of that order caused their escutcheons on their stalls at Windsor to be encompassed
with the garter, and these that were dukes, marquisses, and earls, had their coro-
nets placed on their shields, and hath been so practised ever since.

But there were in anno 21. Car. I. certain half-crowns stamped in the west ot
England, containing the sovereign's arms, so encompassed, regally crowned and
supported, and this was the first money whereon the royal garter appeared. After
him King Charles II. having an eye to the advancement of the honour of this
order, caused the irradiated cross of St George, encompassed about with the royal
garter, to be publicly stamped in the centre of his silver coin, struck upon the
recoinage of it. Anno 14. Car. 11. there were other medals heretofore stamped
upon several occasions, wherein the garter was designedly expressed, and inclos-
ing shields of their arms; as that in the year 1619, when Frederick Prince Pala-
tine of the Rhine was crowned King of Bohemia, and Robert Cecil Earl of Salis-
bury created Lord Treasurer, both knights companions of this noble order. More-
over gold rings have been cast in form of garters ; the ground on the outside ena-
2

EXTERIOR ORNAMENTS. 9,;

uielled with a deep blue, thraugh which the golden letters of the motto appear-
ing, set tliem oil with an admirable beauty. And it seems such rings were in
vogue, since the preface to the Black Book of the Order makes mention of wear-
ing the garter on the leg and shoulder, and sometimes likewise subjoins the thumb,
Interdum pollice g est are.

It is remarkable, that besides the Sovereign of the Most Noble Order of tlie Gar-
ter, other princes of Christendom have assumed the bearing of St George encoun-
tering the dragon m like posture foresaid, though not so anciently, nor upon the
same grounds and foundation as do the knights of this order, probably having
elected him patron and guardian of their comitries and tamilies ; such as the em-
perors of Russia, the dukes of Mantua, and the counts Mansfeld in Germany, as
their seals and coins plainly demonstrate. On the Great Seal of Boris, Federo-
witz. Emperor of Russia, to his letters sent to Queen Elizabeth, dated at Moscow,
June 12, i6d2, was a double-headed eagle displayed, having each head crowned,
and bearing an escutcheon with the representation of St George upon his breast.
There is another of this emperor's seals fixed to his letter, dated May 31st 159+,
w'hich he also sent to Qiieen Elizabeth ; on the one side is the above-said eagle,
having on his breast a sliield, charged with a horse courant ;. the reverse the figure
of St George encountering the dragon with his spear. The Great Seal of Alexis
Michaelowitz Emperor of Russia, affixed to his letters sent to King Charles II.
1660, hath a like eagle with a third crown situate between the two heads, and bear-
ing in a cartouch-compartment upon his breast the figure of St George: which
representation of St George and the dragon we find assigned for arms to Anna de
Russie, daughter to Jarislaus King of Russia and Muscovia, given in espousal to
Henry I. King of France, and thus blazoned, D'un St Marthe de gueules, a un
homme a cheval c^ argent, tenant une lanc£ en la main, qu'il en la gueule d'un dragon
renverse. The counts of Mansfeld have frequently stamped it on their coin; on
one side is St George encountering the dragon with his sword, with this circum-
scription, Sanct. Geo. Co. Do. de Man.; on the reverse his arms circumscribed. Mon.
de Arc. Co. Do. de Man. Of these of the Dukes of Mantua we may see one of Vin-
centius Duke of Mantua and Montfenat, a Knight of the Order of the Golden
Fleece, wherein is his effigies to the breast, and round the same, l-^inc. D. C. Dux
MANT. III. MONTSERU, on the reverse St George and the dragon ; motto. Pro-
tector nostra aspic. 1591. and Casal at the bottom.

As to the seal belonging to this noble order, I find by the statutes of King Ed-
ward III. they were to have a common seal. And this is confirmed by the statutes
of King Henry V. and since named the Great Seal of the Order. The use of
this is not only to seal the original statutes appointed to remain perpetually within
the treasury of Windsor College, as also those copies of which each knight com-
panion is obliged to conserve one, but likewise all letters of licence to any of the
knights companions desirous of winning honour abroad, and all mandates and cer-
tificates relating to the order.

After what order the first seal was composed we have no exact relation. Poly-
dore Virgil tells us, that when the founder of the order had fixed choice of St
George for his patron, he represented him armed, and mounted on a horse, bear-
ing a silver shield, and thereon a red cross ; but whether St George thus designed
was on the real seal, or only a scutcheon of his arms, as in latter times, is uncer-
tain. But this author observes, that the founder habited his soldiers in white
jackets or coats, and on their breasts and backs sewed red crosses, parallel to the
arms assigned to St George, as well as to the kingdom of England, put under his
patronage; which arms the sovereigns of the order have ever since exhibited in
their standards. But besides this common seal, King Henry V. in the ninth year
of his reign, instituted a privy signet in case the sovereign should be called out of
the kingdom upon weighty affairs. The intent thereof was to affix it to all acts
passed by the sovereign beyond sea, to distinguish them from those of his deputies
to England. King Henry VlIL's statutes ordain the making both of a common
seal and signet, and direct that the arms of the order shall be engraven on each
of them. The common seal used in his reign was a garter, within it a shield
having the cross of St George impaling the national arms; the said shield encompas-
sed With two branches hanging from the regal crown, which debruises part of the

98 EXTERlOx^ ORNAMENTS.

garter ; the signet being designed after the same manner, but less. In the time
of King James 1. it suffered no alteration, but only in the national arms, by ad-
mitting the quarterings of the arms of Scotland and Ireland, and new fashioning
the crown, omitting the suspension of the shield. There was a seal made at the
beginning of the reign of King Charles I. which being esteemed too little for the
grandeur and honour of the sovereign's commissions, it was afterwards decreed in ;i
chapter held i8th Aprd, 13th Charles 1. that a new one should be made of a larger
size, with the accustomed arms and motto, and the care thereof committed to Sir
Thomas Rowe, Chancellor of the Order: Which command he executed with all due
care and regard, as is manifestly evident by the nobleness of the design ; one re-
presentation being St George in armour, adorned with a waving mantle, his beaver
open, his helmet plumed, holding a shield of his arms in his left hand, and striking
with a sword in his right ; his body mounted on a bold horse trampling a dra-
gon whveh assails the champion ; the whole figure is v.'ell contracted and the
sun a rock, the bones of devoured men, and a mountain in lointain. On it is cir-
cumscribed. Magnum SigUlinn nobilis ordinis garterii, having the enrichments of
festoons between every word placed pentagonally. The other representation is the
royal garter imperially crowned, enclosing a shield of the arms of St George, im-
paling the sovereign's arms, the same bordered with fret-work and other orna-
ments in cartouch. In the same degree directions was given also for a new signet,
the former being thought too big for letters. And this was an oval shaped, as ap-
pears from its impression, which was the garter crowned, wherein was St George and
the sovereign's arms impaled. And these seals were appointed to be thenceforth
borne before the sovereign in all public assemblies during the celebration of St
George's feast, or in other of its solemnities, by the Chancellor of the Order, in a
purse of blue velvet; and comnvand was given to the said Sir Thomas Rowe to pro-
vide one accordingly. On the foreside of which purse was richly embroidered (by
a goldsmith) with Venice gold and silver, gold and silver purls and plates, and va-
riety of Naples silks, the arms of St George impaling the sovereign's, surrounded
with a garter crowned, having a very fair ruruiing work or compartment round
about it.

I proceed next to the officers of this noble order. The founder constituted a
Prelate, Register, and Usher, and some of his successors added the Chancellor and
Garter, and all of them sworn to be of the council of the order : Among these,
the Prelate and Chancellor are usually nominate the principals, the other three
the inferior officers of the order. The Prelate is the first and previier officer, call-
ed Prelatus ordinis. And William de Edington Bishop of Winchester was the
first prelate; and his successors, bishops of Winchester, continue prelates of the
order to this day. The privilege of this oificer is, that, in all proceedings and cere-
monies of the order, he is on the right hand of the chancellor, and has the privi-
lege of marshalling his arms within the ennobled garter ; and accordingly it hath
been customary to surround them, impaling his see, and has allotted him conveni-
ent apartments in the castle of Windsor. The Chancellor was, by King Edward
IV. the i6th year of his reign, named to be Richard Beauchamp, then Bishop of
Salisbury; which office continues yet with his successors bishops of Salisbury, in
consideration that the chapel of St George was within their diocese ; though this
office was for many years after the Reformation by King Edward VI. discontinued,
restored again anno i66g. By the said King Edward VI. 's statutes it was or-
dained, that the chancellor should wear about his neck a cross of the order, with a
red rose in a white, of gold, all compassed within a garland of red and white roses;
and afterwards, by Qiieen Mary, they were allowed a golden rose inclosed within
a garter, which he and his successors, chancellors of the order, have ever since worn
daily about their necks. At first it was pendent in a gold chain, but since in a
purple ribbon; and by a warrant of King Charles I. dated at Oxford, i6th De-
cember 1645, it was ordained, " That the Chancellor, Sir James Palmer, Knight
" and Baronet, and his successors chancellors of the order, should wear about
" their necks, at all times, in honour of the said place, a 'medal or jewel of gold
" enamelled, with a red rose (or such an one as we, or the rest of the knights of
" the order, do, or shall hereafter wear in our collars of the said order) within a
" garter of blue enamelled, with this sentence inscribed, Honi soit qui inal y pense.

EXTERIOR ORNAMENTS. ^o

" And in the reverse thereof he shall bear the escutcheon of St George, enamelled
" within a garter also, in reverence to the order itself, which lie only shall wear
" hanging by a light purple ribbon, or in a gold chain, as hath been acc .istomed."
The chancellor of the order is seated beneath the prelate, and in all proceedings and
sessions goeth and sittcth on his left hand. He hath also an habitation within the
castle of Windsor, and the custody of tlic seals of the older belong to him.

Next follows the Register of this order ; and who was the tirst we cannot dis-
cover : but it may be presumed they were canons of Windsor, because this office
was at first assigned to one of that college. Besides, the registers from the reign
of King Henry V. to the beginning of King Henry VllL's reign, were all canons
of this college, among whom was John Cunningham, (and the first found wa-.
called so) as the fragments of a glass inscription in Glare Church near Windsor,
where he was rector, attests. The first dean of Windsor constituted register of
the order, was John Vesey, anno 8th Henry VIII. ; many of whose successors in
this deanry have since been admitted the rather as they were canons tlian deans
of Windsor.

The fourth officer of the order is Garter : He wa* ordained by King Henry V.
with the consent of all the knights companions, who, for the honour of the order,
was pleased he should be the principal officer within the College of Arms, and
chief of the heralds : The services enjoined him, relating to the order, were, in
preceding time, performed by the Windsor Herald of Arms, an officer created
with that title by King Edward III. much about the time of his erecting this or-
der. Sir William Bruges was the first created Garter, and called in the institu-
tion of his office, Jartiere Roy d' amies des Anglois. John Smert, his successor, had
this office conferred on him by letters patent, under this title, Rex Arviorum de
Garteria ; and John Wryth was stiled Principalis Heraldus W Officiaris inclyti or-
dinis Garterii ainwrumq. Rex AngUcorum. But Sir Gilbert Dethick leaving our
Heraidiis, joined Principalis Rex, which still continues. And King Henry V. and
VIII. declared, that he shall be a gentleman of blood and arms, and a native of
England, and that he shall be chief of all the officers of arms dependent upon the
crown of England. This officer is appointed to bear a white rod or sceptre at every
feast of St George, the sovereign being present, gilded at both ends, and at the
top the arms of the order impaling the sovereign's arms pourtrayed on an oblong
cube crowned ; but no directions are given in the constitutions either for this
crown or for that ducal one on his head wherewith his effigies has been represented,
and yet at all great solemnities is never used that we can discover. There was assign-
ed him, by Queen Elizabeth, a badge of gold, to be worn daily by him and his
successors before the breast in a gold chain or ribbon, and thereon enamelled the
sovereign's arms, crowned with an imperial crown, and both surrounded with the
garter. But Sir Edward Walker, when made Garter, obtained the sovereign's
leave to impale therein St George's arms with those of the sovereign's ; which
badge is alike on both sides. He has a house appointed him within Windsor
Castle, called Garter's Tower, and has of salary loo lib. per annum. His duty,
in general, is to perform, or cause to be effected, all transactions whatsoever the
sovereign, prelate, or chancellor, shall enjoin him, in relation to this most noble
order.

The fifth and last officer is the Black Rod, who was instituted by the founder
King Edward III. For the said king, in the 35th year of his reign, conferred on
WiUam Whitehorse, Esq. for life, Officium hostiarii capella Regis infra castrum de
IVi'idesore, with a fee of i2d. a day out of his exchequer. Anno 3d Henry IV.
this office is called Officium virgarii Comitivtv de la Garter infra castrum Regis de
Windesore : and in anno ist Henry V. it is stiled Officium virgarii sive ostiarii,
&-C. Afterwards it hath the title, Officium virga bajuli coram Rege ad festum
Sancti Georgii infra castrum Regis de IVindesore. And ever since it runs in the
patents by the appellation of Virgo" B/ijuhis, llrgarius, Nigri-vergifer. But in
the constitutions of his office he hath the title of Hostiarius. He is also ordained
to be a gentleman of blood and arms, and native within the sovereign's dominions,
and if not a knight before, he ought at his admission to be knighted, and, for the
honour of the 'ider, the Black Rod is appointed chief Usher of the kingdom, and
as he is so, he is called Gentleman-Usher of the Black Rod. In the reign of King

Vol. II. 3 G

100 EXTERIOR ORNAMENTS.

Ch.irlesl. James Maxwell, Esq. enjoyed this office, and the said king, at a chapter
held at Whitehall 5th of November 1629, decreed that the little park of Windsor
should be conferred on the said James" Maxwell in right of his o.ffice, and so for
ever after be annexed thereto. And in the reign of King Charles 11. John Ayton
was Gentleman-Usher of the Black Rod, being both our countrymen. The en-
sign and badge of this office at first was ordained, that he or his deputy should
carry a black rod (whence he hath his title) before the sovereign or his deputy, at
the feast of St George, within the castle of Windsor, and at other solemnities and
chapters of the order, on the top of which there ought to be set a lion of England.
This rod serves instead of a mace, and has the same authority to apprehend delin-
quents, and such as have offended against the statutes of this noble order ; and
where he apprehends any one of the order as guilty of some crime, for which he
is to be expelled the order, the manner of it is by touching them with this black
rod. He has assigned him a golden badge, to be openly worn in a gold chain or
ribbon before his breast, composed of one of the knots, in the collar of the order,
which tie the roses together, and encompassed with a garter, being alike- on both
sides ; which was conferred on him and his successors, by decree in chapter, held
the 24th of April, 8th Eliz. He has also a house in Windsor Castle. All those
officers have particular mantles and pensions belonging to them, which the curious
will find at large in Mr Ashmole's Institution of the Garter. And though they
are all strictly obliged to give personal attendance to their offices, yet in case
of sickness, absence out of the kingdom, or other emergent reasons, the sove-
reign is pleased to dispense with them, and constitute others to officiate in their
stead, who, on such occasions, wear the robe and badge of that officer whom
they represent, and such deputies are sworn durante deputatione y beneplacito
Regis.

By the statutes of the order it is provided, that none shall be elected into the
order that have not been dignified with the title of Knight. Thus King Charles I.
anno 6th regni sui, designing to invest James Marquis of Hamilton with this
order, conferred the honour of knighthood upon him immediately before his no-
mination : And his father James Marquis of Hamilton, when elected into this
noble order by King James I. the 21st year of his reign, the said king, as a dis-
tinguishing mark of his favour, conferred the mantle of the order upon him,
though a knight-subject, which the sovereign very rarely bestows on any but
strangers. And when James Duke of York came to be elected on the 20th
April, anno 1 8th Charles I. the sovereign confen-ed knighthood upon him the day
before, which he received upon his knees ; and in honour whereof four other
nobleman received the honour of knighthood at that time; the Earl of Car-
narvon, the Lords George d'Aubigny, John Stewart, and Bernard Stewart, each
supported by two knights. And thus Prince Edward, Count Palatine of tiie
Rhine, and George Duke of Buckingham, being designed by King Charles II. to
be admitted into this noble order, were both first knighted at St Germains in
France 1649, and afterwards had the ensigns of the order sent unto them by the
hands of Sir Edward Walker, Knight-Garter, who, in right of his office, invested
them therewith : But in foreign princes the want of knighthood becomes no
impediment. It it is also to be observed, in regard that strangers elected into
this order are for the most part sovereign princes, whose affairs oblige them to
abide in their own dominions, and very rarely permit them to receive personal
installation, therefore they are allowed timely notice of their elections, and conve-
nient time of consideration for acceptance, alTording investiture in their own coun-
tries, and permitting their installations to be performed at Windsor by their
proxies or deputies. In pursuance whereof it became customary for the sovereign,
when he sent his letters, to send also, by way of solemn embassy, the habit and
ensign of the order, with a book of the statutes ; and in case the election was ac-
cepted, investiture might be received before the return of the persons by whom
the habit was sent. So our King James V. who was elected 2o;h January, anno
26th Henry VIII. had notice of his election immediately sent him by the Lord
WilUam H6ward, who was sent on that embassy. And the last thing to be done
in the installation of a knight of this order, is the setting up the helmet, crest,
sword, banner, and plate, of the new instalkd knight, over his stall in the Chapel

EXTERIOR ORNAMENTS. loc

uf St George. To describe the manner of installing these knights, with the oatli
they take, and the rules prescribed them, being too long ior this place, 1 therefore
again refer those who dc^ue it to the said Mr Ashmole's fore-citcd book, where
the same may be read at full length.

And here 1 cannot omit to relate what the ingenious MrSandford, in his Genea-
logical History of the Kings of England, tells us, and gives it for a rule, that no
wife's arms, impaled with those of her husband's, can be surrounded with the garter,
and so neither with the collar of any other sovereign order ; for the following rea-
son. That though a husband may give his wife an equal share of his escutcheon and
hereditary honours, bv impaling her arms with his own, yet he cannot place them
so impaled within the order of royal knighthood, wlucti is but temporal, and which
1 allow IS very reasonable : But the garter or collar may appear on that side of the
escutcheon where the husband's arms are ; and as for the instance given to the
contrary, that the arms of Mary Queen of England, and those of her husband's
Philip K.ing of Spain, were impaled in one shield, and surrounded with the garter,
is of no force, for he was one of that order himself, and she hereditary sovereign
and head of the same ; and all sovereign queens have their arms adorned as a
king.

Whereas I have spoke above of another kind of collar, called a collar of SS's,
worn as badges of lower and inferior honour, it will not be amiss to speak a little
concerning them. Wicelius informs us, from a book in the library of Fulda,
where (in the life of the two brothers Simplicius and Faustinus, both senators, and
who suffered martyrdom under Dioclesian) there is a description of the society of St
Simplicius, consisting of noble personages in their own families, and describing the
collar wore as the badge of it, says thus : " It was the custom of these persons to
" wear about their necks silver collars composed of double SS's, which denotes the
" name of St Simplicius ; between these double SS's the collar consisted of twelve
" small plates of silver, in which were engraven the twelve articles of the Creed,
" together with a single trefoil, the image of St Simplicius hung at the collar, and
" from it seven plates, representing the seven gifts of the Holy Ghost. As to the
" manner of their martyrdom, they were bound together by the neck to a stone,
" and thrown over the bridge into the river Tyber." At what time the collar of
SS's came into England is not fully determined ; but it will appear at least 3C0
years since, and worn as an ornament for women, as well as men ; for on a monu-
ment in the Collegiate Church of Warwick, the figure of Margaret, wife to Sir Wil-
liam Peito, (said to be interred temp. Edward 111.) hath a collar of SS's drawn
about and set close to her neck ; and the like collar is about the neck of Sir Simon
Burley's statute in St. Paul's, London.

In the ancient creation of an esquire in England part of the ceremony was the
king's putting about his neck a collar of SS's. But that the golden one was the
undoubted badge of a knight, as may be instanced by many undeniable examples ;
and by King Henry VIII. it was allowed that knights might publicly wear a gold
collar of SS's, though since it is grown obsolete and useless. And Eavin tells us,
that King Henry the V. of England instituted an order surnamed Knights of the
SS's, on the day of the martyrs St Crispin and Crispianus ; for though the English
historians mention nothing hereof, yet from the Chronicle of Juvenal des Ursins,
wh?re he treats of the battle of Agencourt, the King of England exhorted his men
to be at peace and reconciled with one another, to be civil in their march, and do
their duty well ; and agreed, that those of their company who were not of gentle
extraction he would make so from the fountain of honour, and give them warrants,
thnt for the future they should enjoy the privileges the gentlemen of England had;
and to the end they alight be distinguished from others, he granted them leave to
wear a collar powdered with the letter S. And to estublish this, and show that
the said collar was in much esteem in England, the kings of England since have
sometimes been pictured with a collar of SS's about their arms, in like manner as
the garter doth now surround them, as appears from an impression of King Henry
VIII. his privy signet ; whereon his royal arms crowned are encircled with a collar
of SS's, to the lower end of which are affixed two portcullisses. And our King
James III. is pictured with a gold chain about his neck, which I judge should be

101 EXTERIOR ORNAMENTS.

rather a collar of SS's, to the lower end of which hang pendent on his breast the
image of St Andrew, embracing his cross with l^oth his arras.

Among the variety of collars of SS's now in vogue, there are these following:
The Lord Mayor of London's collar is composed of gold, having a knot (like one
pf those that tie the garters together in the great collar of the order) inserted be-
tween two SS's, and they again situated between two roses, viz. a white rose with-
in a red, and in the middle before the breast a large portcullis, whereat hangs a
most rich jewel set v»'ith large diamonds.

The collars of the Lords Chief Justices of both the Benches, and of the Chief
Baron of the Exchequer, are (in memory of the said St Simplicius, a senator, and
consequently a gown-man) formed of the letter S, and a knot alternately, having
u rose set in that part of it which falls out to be in the middle of their breasts,
and another on their backs ; the five flowers of those roses are constituted of five
large pearls.

Those collars which appertain to the kings and heralds of arms, as well as to
Serjeants of arms, having been bestowed by former kings, and renewed to them
by King Charles IL to be worn upon days of solemn attendance, are composed
of SS's linked together ; in the middle of the breast is a rose, at each of which
hangs three small drops of silver ; but the SS's in the collars worn by the Kings of
Anns are made somewhat larger than the other, and in that part lying on either
shoulder is a portcullis taken in between the SS's, which are wanting in the
other.

The general difference of the collars appropriate to the before-named degrees
is this ; knights have allov/ed them collars gilt, but esquires only silver; and there-
fore in the creating of a herald, in part of that ceremony, he is made an esquire,
by putting on him a collar of SS's of silver, and so is a Serjeant at arms.

I think, and humbly give it as my opinion, that those gentlemen, while in pos-
session of these offices, may adorn exteriorly their armorial shields with the fore-
said collars, as the symbols and badges of their said offices ; by which after gene-
rations may know that they enjoyed such preferments, and that in imitation of
the knights companions of royal orders ; who, soon after the sovereigns of these or-
ders had introduced the practice of surrounding the escutcheons of their arms with
the collars of their different orders, did the like as to their arms : And as collars
worn about the neck distinguish to the present generation the high rank or station
of the person wearing it, so the placing them round the armorial shield becomes a
cognosce to future generations, to certify them, that their predecessors enjoyed
such high honour, place or post. And it is certainly the main design of heraldry,
by figures and symbols, to convey to after generations distinguishing marks of per-
sons and families, and to demonstrate to posterity the several degrees of honour,
posts, and places deserving persons have enjoyed, and were advanced to by sove-
reign princes.

The next degree of knighthood in South Britain is the Knights of the Bath, so
called from the solemn manner of bathing, and other sacred ceremonies used at
their creation. They are commonly made at the coronation of a king or queen,
or at the creation of a Prince of Wales, or a duke of the blood royal ; some allege
they are of no less antiquity than the times of the Saxons. And though mention
he made by W. of Malmesbury of King Alfred making his grandson Athelstane a
knight, he instances no more than the purple robe, with the sword and rich belt ;
yet it is apparent that when GeoflVey of Anjou, in order to his marriage with
Maude the Empress, only daughter to King Henry the First of England, was made
a knight at Rome, by the same King Henry on Whitsunday anno 1227. It is said
by John the monk of Marmonstier, that he with 25 esquires then attending him,
were bathed according to the ancient custom. But Froissart says, this order was
first erected, anno 1399, by King Henry IV. of England, who, to add to the lustre
of his coronation, created 46 Knights of the Bath ; and Mr Selden thinks them
more ancient. But that great antiquary Elias Ashmole is of opinion, that the said
king did not constitute, but rather restore the ancient manner of making knights,
and judges them to be really no other than knights-batchelors; that is, such as are
created with those ceremonies wherewith knights-batchelors were formerly created
by ecclesiastics. At first view they look like a distinct order of knighthood, but
2

EXTERIOR ORNAMENTS. 103

cannot be so accounted, because they have no statutes asiigncJ, nor arc in case ot"
vacancy supphed, (the essentials of distinct orders) nor do they wear their robes
beyond the time of that occasion upon whicli they were created, as chiefly the
coronation of a king or queen, prince, Duke of Yoik, or the like; and besides their
number is uncertain, and always at the pleasure of the king. I'avin calls theni
knights of the crown, to distinguish tliem from esquires, because they wore upon
their left shoulder an escutcheon of black silk eml)roidercd with three crown& of
gold ; but herein he mistakes, for they never used but only a white silk lace, and
the jewel they wore was made of gold, containing three crowns, with this motto,
Triajuncta in uno, hanging down under the left arm at a red or carnation ribbon
worn cross the body. Benjamin Smithurst in liis Britain's Glory, p. 33,. calls them
Knights of the Holy Trinity, from the medal which they wear, which is three
crowns, with an inscription about it which was formerly Tria nianina Jiiiuta in una :
But at our K.ing James VI. his coronation in England, the word numina was left
out, and so it alluded to the three kingdoms of England, Scotland, and Ireland,
which were then joined in one. They are created with much noble ceremony,
and have had princes and the prime of the nobility of their fellowship. The par-
ticular manner of their creation is mentioned by many authors, but most exactly
described and illustrate with figures of all the ceremonies by the learned William
Dugdale, Esq. Norroy King at Arms, in his description of Warwickshire; to which
laborious piece I refer the curious reader.

Tliese knights are in use to wear the foresaid badge for adorning of their armorial
shields. And Sylvanus Morgan, in his Sphere of Gentry, lib. i. page 82. has given
us a figure of the practice hereof in the arms of Sir Hugh Ducie, Knight of the
Bath, at the coronation of King Charles II. who hath the escutcheon of his arms
there trimmed with the said ribbon at the back thereof, tied together with a run-
ning knot at the top of the shield, and hanging down, extended so oval-ways,
as the same appears to surround not the top, but only the sides and feet of the
shield ; and to which ribbon, at the bottom is affixed pendent the said medal oval-
ways, whereon is a brunch slipped with three crowns, issuing tlierelVom, one
at the top and two below, and round the same the foresaid words, Jriu juncta in
lino.

This- leads me to the degree of Baronets in South Britain, who seem allied to
knighthood, by having granted them the addition of Sir before their names : But
this gives them not the dignity of knighthood ; nor can they properly be stiled
knights, until they be actually knighted : It is a modern degree of honour, and
next to barons, whence the name is also derived, being hereditary in the male line;
it was instituted by King James I. on the zzd day of May 161 1, and the 9th year
of his reign over Great Britain. The manner of creation is by a patent under the
Great Seal, the form of them being all the same, vix. to a man and the heirs-male
of his body lawfully begotten, for ever ; though sometimes the honour is other-
ways entailed for want of issue-male. The proem, or argument of the said patent,
being for the propagating a plantation in the province of Ulster in Ireland, for
which purpose they were ordained; that is, each of them to maintain thirty sol-
diers in Ireland for three years, after the rate of eightpence Sterling per diem, to
each soldier ; which whole sum was paid into the Exchequer at once, upon pas-
sing the patents under the Great Seal of England. They have precedency before
all knights, except those of the garter, bannerets, and privy counsellors, and next
to, and immediately after, the younger sons of viscounts and barons. And as the
addition of Sir is attributed to them, so the title of Lady is to their wives ; and they
take place among themselves according to the priority of the dates of their patents;
no honour is to be created between barons and baronets. At the first institution
of them King James engaged that they should not exceed two hundred in number;
and when the said number was completed, and any came to be extinct for want of
heirs-male, there should be never any more created in their room : However, a
commission was afterwards ordered to fill up the vacant places with instructions to
treat with others that desired to be admitted to the same degree, which is now ob-
served without any limitation ; with this provision, that they be of good reputa-
tion, and descended of a grandfather, at least, by the father's side that bore arms,
and have also a yearly revenue of L. looo per annum. The ground for erecting

Vol. U. 3 H

I04

EXTERIOP. ORNAZvlENTS.

this degree was partly martial ; for though themselves were not enjoined personal
service in the wars, yet, as foresaid, each baronet was to maintain thirty foot sol
diers for three years in Ireland, after the rate of eightpence a-day, for the defence
of that kingdom, and chiefly to secure the plantation of Ulster. And, anno idiz.
King James added some new privileges and ornaments to them, viz. to knight
those already made that were no knights, and the heirs hereafter of every baronet
should, at the age of one and twenty years, receive knighthood ; also in the king's
army royal they are to have a place near the king's standard, and they are allowed
some particular solemnities at their funeral; likewise, that all baronets might bear in
a canton or in an escutcheon, which theyplease, the arms of Ulster, viz. in a held
argent, a sinister hand couped at the wrist, gules. Since the creation of baronets
in England, there have been several made after the same manner in Ireland.
There was an intention, anno 1627, to move his then majesty, that all baronets
and knights-bachelors might wear ribbons of several colours, with some badge or
jewel, in such sort as did the Knights of the Bath, to distinguish the one from the
other : But that matter dropt. Yet though the same did not succeed in England
and Ireland, it was allowed to the knights baronets in Scotland, as shall be proven
afterwards. 1 come next to treat on the orders of knighthood in my own nation of
North Britain.

Our high and sovereign order of knighthood is the most ancient and most noble
Order of the Thistle, commonly called the Order of St Andrew, and so called from
the pendant of the order having on a blue roundle the image of St Andrew. It
was the custom and policy of puissant princes in all ages to invite and secure to
themselves persons of renown ; and such heroic spirits were encouraged with marks
of honour to distinguish them from the vulgar, and amongst those persons, the
more eminent, or excellent of merit were placed in a superior orb, that
their glory might be the more splendid to the world ; such were King David's
mighty men, the Satrapae of Persia, the orders military among the Romans,
and the many institutions of knighthood in Christendom ; but of all orders, purely
military, now extant, I must prefer this of St Andrew ; not only because it is of
our own nation, or that none are commonly admitted into this order but peers,
but chiefly for the antiquity of it, which gives it a place and precedency to all
other orders now in being.

As to the original of this most ancient and noble order, John Lesly, Bishop of
Ross, in his History of Scotland, tells us, it took its beginning from a bright cross
in Heaven, in fashion of that, whereon St Andrew the Apostle suftered martyrdom,
which appeared to Achaius King of Scots, and Hungus King of the Picts, the
night before the battle was fought betwixt them and Atheltsane King of England,
as they were on their knees at prayer; when St Andrew, their tutelary saint or pa-
tron, is said also to have appeared, and promised to these kings that they should
always be victorious when that sign appeared, and the next day these kings pre-
vailing over King Athelstan in battle, they went in solemn procession, barefooted,
in a devout way to the kirk of St Andrew, to return thanks to God and his apos-
tle for their victory, promising and vowing that they and their posterity would
ever bear the figure of that cross in their ensigns and banners ; the place w'here
this battle was fought retains to this day the name of Athelstan's Ford in East
Lothian. But the Picts being afterwards extinguished by the valour of the
Scots, they assumed the said badge. Now as to the order of the thistle, Andrew
Eavin, in his Theatre of Honour and Knighthood, tells us, it was erected by the
said Achaius King of Scotland, who began to reign in the year of Christ 787, on
account of the famous league, offensive and defensive made between Achaius and
Charlemagne King of France. But there are some, says the same author, that re-
fer the Institution of this Order of the Thistle to the reign of Charles VII. King
of France, when the amity was renewed between both kingdoms. And lastly,
others yet later place its foundation anno 1500, which too last assertions, if true,
would indeed give precedency to the Garter, the royal order of England, before that
of ours of tne Thistle, seeing all judicious heralds abroad, and the learned English
themselves are of opinion, that the ancientest order of knighthood takes place next
the escutcheon, even though other later institutions should after become more ho-

EXTERIOR ORNAMENTS. icr,

iiourablc ; and this method has always been practised hy all civilized nations that
esteem regular trimming of armorial shields; as witness the Ujagi; ni France, from
whom we of Britain had the science of heraldry, and where constantly the order
of St Michael, as being the eldest, takes place next the shield, wiien that of the
Holy Giiost, though more honourable, yet being of a later date, doth both sur-
round the same, as I observed betore. And this 1 judge has been the only reason
why our brethren of South Britain hath hitherto denied our said royal order its due
place next the shield in their trimmings of the sovereign's arms, or tlie arms of
knights companions ot both the royal orders of Great Britain, as adjudging our or-
der to be of no older standing than the reign of the said King Charles Vll. King
of France, or of our o\\ n King James V. of Scotland ; whicii, if true, would in-
deed make the Most Noble Order of the Garter to be of a much older date tiian
ours, and so regularly and justly to claim precedency. But that the same is en-
tirely false, and our order long prior to that, 1 am hopcfid to make evident by
what follows.

Albeit most of all our historians agree, that the St Andrew's cross, in form of
a saltier argent, on a field azure, was equally used by Huiigus King of the Picts,
and Achaius King of the Scots, in remembrance of the above notable victory ob-
tained by tliem against Athelstan King of the Saxons, as Menenius likewise ob-
serves in his Delitine ordinum equestriinn, page 1646. Yet Modius, in his fandects,
(to which Andrew Favin assents) ascribes the full foundation of this order of
knighthood to Achaius. Menenius describes the collar thereof thus, " Cujus insigne
" seu collare ex carduis confectum preferunt gentilitia reguin arraa cuuque, hoc
" addito elogio. Nemo me impune lacesset ;" and a little after, " F"uit autem
" huic militiae baltheus aureus ex floribus cardui orbicellis aureis, seu nodisrubes
" centibus innexi compositus & infra pfeferens imaginem Sancti Adrete Martyrii
." crucem decussatam ante se gestantis." Camerarius, in his Symbols, is of the
opinion that the motto belonging to the collar was the same, which he proves
by his having seen some of the deeds of King Achaius amongst the records of
France.

Some think that devices are as ancient as Antisthenes, who gave Cephisolode, for
his device, incense burning, with the words »ux>.»^i>®- tuffns, that is to say, I please
whilst I consume. But others think that devices were no older than Paulus Jovius;
and yet Petra Sancta, lib. 9. Symbol. Heroic, asserts that the thistle taken by Achaius
King of Scots, when he made his alliance with Charlemagne, with the words,
Nemo me impune lacesset, is the ancientest device now upon record, and all praise
it as very regular and pretty. But Sir George Mackenzie, in his Science of Heral-
dry, page 98. says, some think it ought to be lacessit, because the present time
shows best the nature of the thing, yet lacesset has more of daring and gallan-
try. In a manuscript under the hand of Sir James Balfour, sometime Lyon King
of Arms, it is there said, that the motto or elogium of this order in all seals, im-
presses and inscriptions, and by all authors, holds to be. Nemo me impune lacessit,
and that, albeit, Paulus Jovius wrote, that Franciscus Sforza, Duke of iVIilan, took for
his device a greyhound, with this motto, ^lietum nemo impune lacessit, yet Ru-
celli the Italian, and Baghliour maintain, that Achaius king of Scotland was the
deviser of this motto. And Paradine says expressly, that Sforza borrowed this only
from the ancient and noble kings of Scotland. And as this eminent Prince King
Achaius was one of the number of many others who befriended the said Charles the
Great of France, in his conquests, for which they and their successors carried in their
ensigns the marks of that great monarch's favour, viz. the double tressure in
the armorial ensigns of Scotland, to perpetuate that memorable league begun by
Achaius with Charles the Great, and that order of knighthood called the Crown
Royal, which continued for many ages with the Frieslanders, also allies with Charle-
magne, who ordained for the state of Friesland that the governor thereof should
make knights, by the solemnities of girding with the sword, and striking the per-
sons so created on the ear, that they should wear on their breasts an imperial
crown as a badge of that order, as Favin relates. And Selden, in his Titles of Ho-
nour, says the like, and Hancouius De rebus Fris. gives the institution of the order,
dated at Rome in the year Yoz. About which time, and ii imitation thereof, our
King Achaius is said to have instituted this Royal Order of the Thistle.

io6 EXTERIOR ORNAMENTS.

Another instance of the antiquity of this noble order as prior to that of the
garter, is, that the said Sir James Balfour had himself found among the rubbish
of the ruined abbey of the monastery of Scoon (once the theatre ot our ancient
kings' inaugurations) a record of the coronation of King Alexander III. written,
as would appear, by the hand of Robert, then abbot of that place, bearing, that in
anno 1249, the said king, a child about the age of nine years, being about to be
crowned on Tuesday the 7th of May in the aforesaid year, and coming to the great
church, (the place appointed for the coronation) a great contest arose amongst
the nobility and clergy there. The Bishop of Dumblane, Chancellor of Scotland,
and John Cuming Great Constable, maintained, that the king could not be crowned
that day, in respect that he was not then made knight of the thistle, and there-
fore could not be head or principle of the said order. And, to avoid further
trouble, willed them all that the king's coronation should be delayed till Friday
thereafter. And. on the morrow after, (says the said record) they brought the king
to the Great Hall of Scoon, where they put on him oblongam togam ex viridi holo
serico carditis aureis ornatum, on the left shoulder of which (continues the record)
in campo ceruleo imago divi Andrea cum criice sua argentea depingebatur, which is
all I can find anent the ancient usage of robes peculiar to the knights of this order,
our records being either destroyed or carried off through the many disorders that
happened in the kingdom. And our histories and annals have made no mention
of them. At this time the Chancellor did knight the said king, the Great Con-
stable girt the sword on his left side, the High Marischal put on his spurs, and
William Fraser, Bishop of St Andrews, administered the oath of the order to him.
And the usual oath administered to these knights, according to Licetus, a French-
man, in his book De Ceremoniis, page 74. was,

imo, I shall fortify and defend the Christian religion, and Christ's most holy
evangel to the utmost of my power.

2rfo, I shall be loyal and true to my Sovereign Lord the King, and the brethren
of this order.

3</o, I shall maintain the honour and dignity of the Noble Order of the Thistle
to my last hour, if God let.

4;o, I shall never bear treason about in my heart against my Lord the King, but
shall discover the same to him. So defend me God and the holy church.

And that the number of knights of this order was the same of old as now, is
clear from Fordun's History, lib. 13. where he tells us, that this kmg, at his said
coronation, did make twelve knights, amongst whom IValterus Cuming Comes Atho-
liff, (Great Constable) eques qmque creatus est. And Modius, in his Pandects,
page 107. says that " Antiqui Scotorum reges solebant ante coronationem duo-
" decim equites ordine cardui creare."

Another instance of the antiquity of this noble order, before that of the garter,
I find in Mr Sandford's Genealogical History of the Kings of England, page 138,
when describing the seal of Edward I. King of England, says, that in a grant of he
marriage of Duncan, son and heir of Duncan Earl of Fife, to Gilbert de Clare Earl
of Gloucester and Hartford, dated at Berwick, the 25th June, in the 20th year of
his reign, which was Anno Bom. 1291, he is stiled Edwardus Dei Gratia Rex Anglia
$i Bominus Hiberniae, IS dux Aquitaniae IS superior Bominus Regni Scotiae, &.c. in
cuius ret testimonium has liter as patentes sigillo regimini Scotiae deputato fecimus sigil-
lari; the circumscription of which seal is obliterated, but the figure of the cruci-
fiction of St Andrew, the badge of this royal order on the one side, and the arms
of Scotland, viz. a lion rampant within a double tressure, on the reverse, are ap-
parent.

And it was the care of King Robert the Bruce, after he had restored the sovereignty
ot the kingdom, and the liberties of the subjects from the usurpations and tyrannies
of the Kings Edwards I. and II. of England, to revive again this royal order,
which had been in disuse for some time, through the wars and disorders happening
in the kingdom after the death of the said King Alexander HI.; and this clearly
appears by that King Robert's charters. And particularly about the 21st, year
of bis reign, which was Anno Bom. 1327, (which is still before the Institution of
the Garter) when it is to be observed, that some years before that time, the old
knights of this order, formerly made by the said King Alexander III. were very

2

EXTERIOR ORNAMENTS. 107

presumably either dead or slain in battle fighting for the relief of the kingdom
from slavery. Before this year of King Robert's reign, the most eminent of his
subjects are only designed as other common knights, tnlles, or miles nosta; whereas
about this time, and after to distinguish the same men, being of royal knightiiood,
from the common kniglits, they are designed milites patniie. Amongst many
other charters, to prove this, 1 shall give one of this king's charters, taken out of
Haddmgton's Collection of Charters, now in the Advocates' Library at Edinburgh,
which IS dated at Berwick the 15th day of November, the 21st year of his reign,
confirming the charters of donations of King Edgar and King David, and of
Patrick son of Waldeve, Earl of March, to tlie church of Durham. " Testibus
" venerabilibus in Christo patribus Wiliielmo & Johanne Sti. Andnu & Glas-
" guensis ecclesiarum Dei gratia episcopis, Thoma Ranulph Comite Moravizc,
" Domino vallis Annandia- &■ Manniie, Nepote nostro, Patricio de Dumbar Comitc
" Marchiic, Walter Senescallo Scotiae, [acobo Domino de Douglas &. Alexander de
" Seton patrice militibus;" whereas in charters before this, it is said only miiitibus,
as other knights, without the addition of {patriae) that of their country. And for
a further confirmation hereof, there is to be seen among iXlr Sutherland's Curious
CuUection of Old Coins, now the pniperty of the Society of Advocates, and lodged
in their said library at Edinburgh, a piece of gold of King Robert the Bruce,
whereon is raised on one side the figure of St Andrew, expanded on his saltier
cross between two flower-de-luces, and the legend round the same is Domini/s pro-
tector mcus IjS liberator mens, and on the other side are the arms of Scotland within
a formal shield timbred with an open crown. And if it had been the custom of
these times to adorn escutcheons of arms with the ensigns of royal orders in any
kingdom, these of the above-named knights had been trimmed with that of this
noble order, as others of that kind of later times do by surrounding the shield of
arms ; but this method came not in use and practice for 200 years after.

And now having, 1 hunbly think, convincingly proven the antiquity of our
Noble Order the Thistle before that of the Garter, which was but only instituted
in the year of our redemption 1350, then, generally and regularly, the first in time
ought to be preferred, amongst such as are equal in dignity ; which is clear by the
civil law, not only in kingdoms, but in all the degrees of nobility and promotions.
And this our reason may teach us without law; for if there were not some certain
and stated rule whereby precedencies might be known, it were impossible to evite
confusion; and all other lules except this are uncertain. And of the same opinion
is the learned English themselves. For their great antiquary Elias Ashmole, in
his Institution of the Garter, chap. 7. tells us. That the older the order is in the
roll of antiquity, whose chief ensign is now represented in armorial bearings, the
nearer ought it (says he) to be placed to the escutcheon of arms, being the more
honourable post. Now our brethren of England come the length to agree we had
this royal order of knight prior to theirs, which I judge they cannot deny from
what is above said, yet at the same time will not allow our order the precedency to
theirs, in respect, say they, the same was for a long tract of years after disused,
and became wholly extinct, and no mention to be found anent it in all our
histories, till King James V. instituted or revived, say they, our Order of the
Thistle, and therefore their Noble Order of the Garter ought to have precedency,
as being a considerably older order. Now that this king was not the institutor of
our royal order, I have already demonstrated, and, if he was but only the reviver
of it, this saith nothing to the purpose; for in all competitions betwixt kingdoms,
states, or order?, w^e are not to consider their present condition, but what they were
formerly; and if they remain the same that they were in their substantials, in
that case th- former precedency is still continued.

But, in my opinion, this our ancient and N>.ble Order of the Thistle has never
wholly been disused or laid aside by our after succeeding kings since the days of
the said King Robert the Bruce, except when the many rebellions and disturbances
in the nation might occasion the same to be neglected for some time; which in
some measure I shall make apf>ear, so far as I have seen, from charters, coins, seals,
and other authentic documents, though not so fully as I could wish, thereby to en-
gage others of my countrymen, that have more time and occasion to see and
peruse unquestionable documents on this head, that thev would be pleased to

Vol. II. 3 I

i:o8 EXTERIOR ORNAMENTS.

oblige the world with what they have collected thereanent, not only for the ho-
nour of our nation m general, but that ot this order in particular.

Now as King Robert 1. had a special regard for the honour and flourishing of
this noble order, and received only the noblest and gallantest of his subjects knights
companions thereof, as may appear from such of their names as I had occasion to
narrate above, and whose names are all famous in the history of that King's Life,
for their renowned acts of chivalry and gallantry, so I find King Robert 11. has
not been forgetful of tiie same; for in a gold coin of his, also to be seen among the
fuiecited Mr Sutherland's Collection of Real Coins, kept in a box in the said
Advocates' Library, there is on one side the figure of St Andrew expanded on the
cross of his martyrdom, and on the reverse the arms of the kingdom; and no doubt
but in this king's reign there have been created new knights companions of this
royal order, in room of old ones deceased, though the iniquity of the times has
deprived us of sutlicient lecords to instruct the same. Yet 1 find King Robert IlL
hath had his knights companions of this order, among whom I meet with Archi-
bald, fourth Earl of Douglas, and first Duke of Touraine, Lord Longueville and
Marshal of France, called Tynman, not for his cowardice, being abundantly gallant
and brave, but tor his unfortunate success in battle, being killed at the unfortunate
battle of Verneuil in France, anno 14:4, and interred in the church of St Gratians
at Tours, the 20th of August this year, according to Sir James Balfour in his
Peerage of Scotland. But Andrew Fa\ in, in his Theatre of Honour, describing
the arms of this Archibald Earl of Douglas, whom he says was interred in St Ger-
mains de Preze at Paris, calls him Knight of the Most Noble Order of the Thistle.
Again 1 find King James II. retained high regard for this noble order; for on the
seal of Mary, daughter of Arnold Duke of Guelderland, queen to this king, ap-
pended to several writs and evidents, particularly to a charter in the lower Parlia-
ment House, granted by her to Archibald Abbot of Holyroodhouse, of an annual-
rent of twenty shillings, payable out ot the barony of Balernock in excambion of
two acres of land in the territory of Broughton, belonging to the said abbot and
convent, of the date the i6th April anno 1459, ^^ ^^'" ^^^^ a-rms impaled with those
of Scotland, and placed in the arms of an angel, whose head and breast is above
the shield and crown, and above the head is a cross, and on the breast below is
placed a saltier or St Andrew's cross. And King James IIL as he commonly wore
about his neck, pendent at a gold chain on his brreast, the badge of this order, as
may be seen on all old paintings of his effigies, so he had his knights companions of
this order, among whom Sir James Balfour, in his said Peerage gives us the instance
of one, viz. William Sinclair Earl of Orkney, and to prove which, he tells us, he had
seen an old charter, about the time of this king's reign, of the lands of Roslin in
Lothianshire, given by this Earl William to his second son Oliver Sinclair, wherein
he stiles himself " Willielmus de Sancto Claro Dux de Oldenburgh, Comes Or-
" cadiae & Cathaniensise, Dominus de Zitland, Newburgh, Sinclair, Dysert, Rosslin,
" Mussilburgh, &-c. limitum onentalium St occidentalium Scotire prefectus, Baro
" de Ecford &- Cavertoun, Magnus Camerarius & Admiralus Scotias, &- nobilissi-
" morum Cardui, St Michaelis, &■ Aurei Velleris eques." Neither is it to be doubt-
ed but this king's grandfather, King James L after his releajement from captivity
in England, being bred at that court from his infancy, and a very polite and learn-
ed prince, took occasion after his restoration to introduce many of the deservedly
commendable practices and customs of the Enghsh nation. And as their Order of
the Garter was m high repute at that time, so it is presumable to think he also, in
imitation thereof, did his utmost to raise the reputation of his own Order of
Knighthood the Thistle. But however that may be, I shall not determine, having
as yet found no document to instruct the same ; but I find, and have seen, that in
all paintings and sculptures of the efligies of said King James 111. and IV. to show
that these kings were not forgetful to honour and esteem this his sovereign order
of knighthood, that of King James 111. is commonly drawn with a large gold chain
about his neck, (in the same manner as collars of royal orders of knighthood are
now usually worn) to which hang pendent on his breast the image of St Andrew
embracing his saltier cross on his breast with both his arms. And that of King
James IV. is represented holding in his hand a thistle of the like figure, as the

EXTERIOR ORN/UVIENTS.

ro(>

same is commonly struck on our copper coin, only it is not ensigned with a crown
as on the snid coin.

And Balen, in his Maison de Montmorency^ lib. 2. page 3. affirms, that when
King James V. went to France, anno 1535, to marry Magdalen, daughter to Fran-
cis 1. King of France, among the tokens ot his love, during his abode there, he be-
stowed the Order of the Bur, (as he called it) that is to say tiie Tiiistlc, not only
on the French king, who did requite hun witii his Order of St Michael, but also on
the CoLint de Montmorency, whom he dearly loved. And no sooner was the badge
of the garter by King Henry Vlll. of England introduced to surround his armorial
shield, (being tlie first King of England thiit had his arms so trimmed, as may be
seen on his Great Seal in l^lr Saiidtord's Genealogical History) but our said King
James V. surrounded his royal escutcheon of arms with his collar of the thistle,
which I have seen having tiie pendant at it, being the image of St Andrew, hold-
ing before him his saltier cross; and sometimes 1 have observed the pendant to the
cjllar to be only a blue oval, cliarged with a saltier or St Andrew's cross argent.
And the reason why the cross is, white in a blue field is because the cross appeared
as a flash of lightning in the blue firmament. And this cross is a badge derived
to us from the Picts, as 1 have observed before; but now the ordinary pendant of
the collar of the thistle (which is composed of thistles, interwoven and linked with
sprigs of leaves of rue, all of gold) is on a blue roundel, or oval, the image of St
Andrew, his vesture of cloth of gold, with the white cross of his martyrdom on his
breast, and in a circle environing the figure beautified with pearls, this epigraph
written. Nemo me Impune lacesset. But the ordinary and common sign worn by
the knights of this ancient and noble order is a green ribbon, whereat hung a
thistle of gold, crowned with an imperial crown, within a circle also of gold bear-
ing the foresaid motto. And besides, the etfigies of the said King James V. is
always drawn with the said collar about his neck, with the pendant thereat hang-
ing on his breast. Bishop Lesley, in his History of Scotland, lib. 9. page 193.
writeth that James V. King of Scotland, in anno 1534. received the Order of the
Golden Fleece from Charles V. Emperor, as also that of St Michael from Francis I.
King of France, anno 1535, and that of the Blue Garter, anno 1536, from Henry VIII.
King of England ; and 111 memory of these orders received, keeping open court,
he solemnized the several feasts of St Andrew patron of the Golden Fleece, of St
Michael of France, and of St George of England, that the several princes might
know how much he honoured their orders, and held them in no mean account.
And upon the same subject, he set the arms of the princes (circled with their or-
ders) over the gate of his palace at Linlithgow, with the Order of St Andrew, the
particular order of the monarchs of Scotland. This author's own words are,
" Cujus rei ut luculentius signum toti posteritati eluceret, insignia regia in porta
" Lithcoensis palatii Agenda, singulaque ordinum singulorum, simul ac divi An-
" dreae ornamenta (quit sunt nostr;^ gentis propria) exquisita artifice laude cir-
" cumplicanda curavit." The author of a Journey Through Scotland, printed at
London in octavo 1729, tells us, page 197 That it was in the palace of Linlithgow
that King James V. in imitation of the Kings of England and France, called a
chapter of the worthiest amongst his nobility, and added a collar of thyme and rue
to his Order of St Andrew, ordaining the thistle to be worn on their mantles, in
the centre of the cross; and changed the motto from En defence, to Nemo me im-
pune lacessit. But here I take occasion to correct this as a mistake of our author,
for In defence was never (by what 1 ever could discover) the motto of this order,
but continues to this day the epigraph peculiar to the royal crest of this kingdom;
whereas the device or ditton of Nemo me, S*-c. I have shown above to be of old the
motto belonging to this Order of the Thistle. The said author of a Journey
Through Scotland continues to inform us. That the said king also ordered a throne
■ and twelve stalls to be erected in St Michael's church in this town of Linlithgow,
for the sovereign and twelve knights of this order, where their banners were to be
hung up, as in France and England : But that king's sudden death, after the battle
of Solway, anno 1541 and the troubles that followed after (at the time of the re-
formation, it was laid aside, being by the reformers looked on as popery) which
put an end to t^is king's noble vie.vs, and indeed almost to the order itself, till
King James VII. revived it in a blue ribbon, and Queen Anne restored it to the

no EXTERIOR ORNAMENTS.

green, as I shall afterwards take notice of; but as yet the knights (says the said:
author) have no chapel or hall for their banners.

And 1 am informed, by knowing persons, that the arms of the said King James
V. on his said palace of Linlithgow (being never there myself) is placed within
the collars of the orders of St Andrew, the Garter, and St Michael, every collar
taking place nearest the shield according to the antiquity of its standing, which is
perfectly agreeable to the regular rules of heraldry at this day. And Mi Ashmole,
in his Institution of the Garter, cap. 7. tells us, it was a great mistake committed
in the marshalling these collars following, when the Duke of Chevereux affixed it
over his stall at Windsor, the collars of St Michael and the Holy Ghost are placed
nearer to his escutcheon than that of the Garter ; which was certainly wrong,
seeing it is demonstratively evident that of the garter is much older than the other
two ; and agreeable hereto, I say, it was as gross a mistake of the English painters,
who, (as narrates the continuator of Mr Ashmole's History of the Garter, page
177.) on the funeral achievement of the late James Duke of Hamilton, placed first
the garter next his shield, and without that a collar of the thistle about it, his
Grace having been a knight companion of both these high orders, an honour very
rarely granted to any subject. Now our order, by what 1 have before related,
being proven by far the oldest in time, certaiuly it was very irregular to place the
later Order of the Garter within, when our Order of the Thistle, being of greater
antiquity, is, contrary to the rules of heraldry, placed without, surrounding the
same. But 1 am hopeful the Earl Marshal and College of Heralds of South Bri-
tain, as 1 doubt not but in all their armorial decisions they make it their chief care
to do every thing relating to arms agreeable to the regular and just rules of he-
raldrv, and conformable to the opinions of the best and learnedest heralds and
professors of this science at home and abroad, so 1 do not question but they will
hereafter do us (their brethren of North Britain) exact justice in allowing our
most ancient and noble Order of the Thistle to possess its due place next our
sovereign's royal shield, or next the escutcheons of such knights companions
as shall hereafter be honoured with both these high sovereign orders of knight-
hood.

As our said King James V. was the first of our kings that surrounded his royal
arms with the collar of the thistle, so, in imitation of him, his knights com-
panions of this noble order surrounded their armorial shields with the same collar,
(as these of the garter had done in England, after the example of their King
Henry VIII.) An instance whereof 1 have seen in the arms of George Lord
Seaton, vfho lived in this king's reign, and was created by him a knight com-
panion of this noble order, whose achievement, as carved on the lining of the great,
liall of Seaton house, yet to be seen, is surrounded with the collar of this order,
and thereat hangs in a roundel the image of St Andrew with his cross on his
breast, which I, in the year 1715, showed to my Lord Ilay, together with other
curiosities in this ancient house, with which his Lordship was very well satisfied,
and carried himself very civil to the house of Seaton.

Now though the subjects of this kingdom, after the reformation, became so
zealous in their rehgion that they disregarded this high and honourable order of
knighthood, so as to have no better notions of it but that it was a dreg of popery,
on which head our after sovereigns, to avoid disturbances in the nation, thought it
not convenient to call a chapter thereof; yet to demonstrate their regard for the
lionouv thereof, and that the memory of the same might not quite perish, they
always, by propaling the symbols hereof in their arms and coins, kept up the
remembrance of this royal order of knighthood, till the nation began to enter-
tain better thoughts of honour, valour, and knighthood, and then King James VII.
did not fail to call a chapter of this noble order, as did after him Queen Anne, as
I shall hereafter narrate in its due place.

Thus the seal of Mary Queen of Scotland, wife to King Francis II. hath there-
on the arms of Scotland impaled with those of France, and surrounded with the
collar of the Royal Order of the Thistle, with the pendant of the image of St
Andrew with his cross on his breast thereat, and about the same this legend,
Maria Dei Gratia Francorum IS Scotorum Regina, anno 1560 ; she had also on many
of her coins this order's badge of the St Andrew's cross. And the escutcheon of

I

EXTERIOR ORNAMENTS. iii

King James VI of Scotland, and I. of England, is surrounded, tirst with the collar
of the order of St Andrew, as the ancientest order, and then with that of the
garter. And likewise, as to King Charles 1. the collars both of the thistle and
garter were expressed in the coronation-medal he caused strike when he was
crowned in Scotland anno 1633. And the royal achievement of King Charles II.
is also surrounded witli the Orders of St Andrew and of the Garter ; a fair tigure
whereof the curious may behold in Sir George. TVIackenzie's Science of Heraldry,
in the Edinburgh edition, 1680, yu/. 99.

As for King James Vll. I shall here narrate a warrant by him for a patent re-
viving and restoring the Ancient and Most Noble Order of the Thistle.

James Rdx,

•" Our Sovereign Lord ordains a Letter Patent to be made and past under the
Great Seal of his ancient kingdom of Scotland, making mention, that whereas
his Majesty's royal predecessor Achaius King of Scots (of glorious memory)
did institute the Most Ancient and Most Noble Order of the Thistle, consisting
of the Sovereign, and twelve Knights-Brethren, in allusion to our blessed Savi-
our and his twelve Apostles, and that under the protection of our blessed Lady
and his holy apostle St Andrew, patron of Scotland, the said order being insti-
tuted for the defence of the Christian religion, and in commemoration of a signal
victory obtained by the said Achaius King of Scots, over Athelstan King of
the Saxons, after a bloody battle, in the time of which there appeared in the
heavens a white cross in form of that upon which the apostle St Andrew suf-
fered martyrdom ; by which apparition the Scots being encouraged, put their
enemies to flight, killing the said Athelstan, with most of his followers. And
it being most certain, by the general consent of ancient and modern historians,
and by several other authentic proofs and documents, and records of that king-
dom, that the said Most Ancient and Most Noble Order of the Thistle conti-
tinued in great glory and splendour for many hundreds of years ; and that seve-
ral foreign princes and kings have been knights of the said order, and that the
same was always had in great respect and honour in all places wherever Christian
valour advanced the glory of the cross, until the unfortunate rebellion against
his Majesty's royal great-grandmother Mary Queen of Scots, (of most pious and
glorious memory) at which time the splendour both of church and monarchy fell
together into contempt, and the Most Noble Order, with all its ornaments, and
rites, and ceremonies, was extinguished, some of the brethren of that order lay-
ing the ensigns thereof aside, and out of a rebellious contempt to their then
sovereign lady, his Majesty's said royal great-grandmother, and others of them
forced to fly into foreign countries for safety of their lives ; and w hereas the
succeeding great disorders and dismal rebellions, in the reigns of his Majesty's
royal predecessors since that time, hath hindered and diverted them from restor-
ing the said order to its former ancient lustre, his Majesty has now thought fit,
' as a mark of royal favour and esteem of that his ancient kingdom, and of the
' desire he hath to restore it to its former splendour and reputation, considering

■ the many and seasonable instances of duty and affection it has shown to his

■ royal person, both since his accession to the crown, and in times of his greatest

■ difficulties, hath, as a lasting mark of his royal favour, and in remembrance of

• the nation's duty and affection unto him to all succeeding ages, thought fit at

• this time to revive the said order, of which his Majesty is undoubted and right-
' ful sovereign ; and doth hereby revive and restore the same to its full glory,
' lustre, and magnificency, as it heretofore was, with such change and additions
' as are already made, or shall hereafter be declared by his Majesty ; hereby
' giving it to twelve knights, of which (with his Majesty as sovereign) the order
' above named is to consist in all time coming, all honours, dignities, titles, pnvi-
' leges, additions, and others, which either have in time past belonged to the
' Most Noble Order of the Thistle, or which his Majesty shall declare to belong
' thereunto in time coming, as an evident proof that no dutiful or faithful service
' done by his people shall be past over without suitable return of bounty, honour.

Vol. II. 3 K

[o EXTERIOR ORNAMENTS.

and favour from him. And his Majesty ordains the said letter patent to be past
under the Great Seal aforesaid, per salttim, without passing any other register or
seal ; m order whereunto these presents shall be to the Director of his Majesty's
Chancellary, and their deputes for writing of the same, and to the Lord High
Chancellor, for causing the Great Seal to be appended thereunto, a sufficient
warrant. Given at the Court of Windsor, the 29th day of May 1687, and of
his Majesty's reign the third: year.

May it please your Majesty.

" These contain your Majesty's warrant for a letter patent to- be made and
" past/ifr saltum, under the Great Seal of your ancient kingdom of Scotland,.
" (for the causes above specified) reviving and restoring the Most Ancient and
" Most Noble Order of the Thistle, in manner above mentioned.

" MtLFORT."

Whi"ch Patent or Diploma, Pro restitutione antiqui cardui ordinis nobilissimi, is
dated at V\ indsor, the iptli May id'] ; but the same being never expede under
the Great Seal, 1 forbear here to narrate it.

James Rex,

" Statutes and Ordinances of the Most Ancient and Most Noble Order of
the Thistle, revived and restored by his Majesty James VII. by the grace
of God, King of Scotland, England, France, and Ireland, Defender of the
Faith, Sovereign of the said Most Noble Order, for the better regulating the
proceedings and solemnities thereof, in all the circumstances thereunto be-
longing.

" In the first place, We think fit to continue the ancient number of knights,
to wit, twelve brethren with ourself, the Sovereign of the said Most Noble Order,
in all time coming."

" That the habits of the sovereign and brethren be a doublet and trunk-hose of
a cloth of silver, stockings of pearl-coloured silk, with white leather shoes, gar-
ters and shoe-strings of blue and silver, the breeches and sleeves of the doublet
decently garnished with silver and blue ribbons, and surcoat of purple velvet,
lined with white taffeta, girt about the middle with a purple sword-belt, edged
with gold, and a buckle of gold, at which a sword with a gilted hilt, whereof
the shell is to be in form of the badge of the order, and the pommel in the form
of a thistle in a scabbard of purple velvet, over which a mantle or robe of green
velvet, lined with white taffeta, with tassels of gold and green, the whole robe
parsemee, or powdered over with thistles of gold embroidered ; upon the left
shoulder of which, in a field of blue, St Andrew the apostle his image, bearing
before him the cross of his martyrdom of silver embroidery. About the
shoulders is to be borne the collar of the order, consisting of thistles and sprigs
of rue going betwixt, at the middle of which, before, is to hang the St Andrew
in gold enamelled, with his gown green, and the surcoat purple, having before him
. the cross of his martyrdom enamelled white ; or if of diamonds, consisting of the
number of thirteen, just the cross and feet of St Andrew resting upon a ground
of green, the collar to be tied to the shoulders of the robe, with a white ribbon.
Upon their heads, in days of solemn procession or feasting, where the sovereign
himself is present, or his commissioner for that effect, they are to wear at these
times of permission a cap of black velvet, faced up with a border of the same,
a little divided before, wide and loose in the crown, having a large plume of
white feathers, with a black egret or heron's top in the middle of it, the border
of the cap adorned with jewels ; the sovereign's cap, for difference, to have two
rows of diamonds cross the crown thereof, in form of a royal crown : the sove-
reign's robes to be of a length proportionable to his royal dignity, and the badge

EXTERIOR ORNAMENTS. iil

on the shoulder to be adorned with pearl, besides with other distinctions he
shall think fit to appoint.

" And we having considered that it was the ancient custom for the sovereign
and knights-brethren, on their daily apparel, to wear the jewel of the order in a
chain of gold or precious stones ; and that the use ot ribbons has been brought
in since the Most Noble Order of the Thistle was left olf, and that chanis are
not now. in use, we have therefore thought fit to appoint the jewel of the said
order to be worn with a purple blue ribbon, watered or tabled. The jewel to
have on the one side the image of St Andrew, with the cross of his martyrdom
before him, enamelled as above said, or enriched witli precious stones on the
cross and round about. On the back of which shall be enamelled a thistle of gold
and green, the flower reddish, with a motto written round it, Nemo me impune
lacesset. The ground upon which the thistle is to be done shall be enamelled
blue.

" Upon the left breast of the coat and cloak shall be embroidered a badge of
proportionable bigness, being St Andrew's cross, of silver embroidery, on the
middle of which a circle of gold, having the motto of the order in letters of blue,
in the middle whereof a thistle of gold upon a field in blue.
" The order is to have a Great Seal in the custody of the chancellor thereof, on
the dexter side of the shield St Andrew's cross, and on the sinister thereof the
arms of Great Britain, as they are carried by us in Scotland, encircled with the
collar of the order, with the image of St Andrew hanging at it, with the motto
of the order going round the seal ; on the other side the image of St Andrew ,
bearing the cross before him, with a glory round his headj written round,
Magnum sigillum antiquisumi et nobilissimi ordinis cardui.

" The Secretary shall have a mantle of blue satin lined with white, on the left
shoulder of which the badge of St Andrew's cross; and upon days of solemnity
his ordinary badge is to be hung in a chain of gold, being a thistle of gold, and
green upon pens saltier-ways, with the motto round about, and an imperial
crown upon the top.

" The Lyon shall have robes and badges- upon the shoulder, conform to the secre-
tary, in his hand his staff of office, and about his neck his badge with St An-
dre A turned outward.

" The Usiier, conform to the secretary in all things, except his badge, which is
to be two sprigs of rue in form of St Andrew's cross vert, upon a ground white,
upon which a thistle of gold, and round the motto, upon which an imperial
crown, and in his hand the batton of his office.

" Before any can be admitted to be of the Most Noble Order of the Thistle he
must be a knight-batchelor. Here follows the form of the oath to be taken by
all such as shall be admitted into the order of brethren.

" First, I shall fortify and defend the Christian religion, and Christ's most holy
evangel, to the utmost of my power.

" Secondly, I shall be loyal and true to my Sovereign Lord the King, and the
brethren of this order.

" Thirdly, I shall maintain the honour and dignity of the Most Noble Order of
the Thistle to my best power, if God let.

" Fourthly, I shall never bear treason about in my heart against my Lord the
King, but shall discover the same. So defend me God and the holy church.
" The oath being taken by the elect knights, before any whom the sovereign
shall appoint, they may actually wear the badges and other ornaments for tae
first time ; and we refer it to three or more of the knights first made to draw
the forms, offices, and ranks of the officers, their fees, and all other things that
may any way concern the said order; and humbly to offer the same to our royal
consideration, to the end we may signify our pleasure therein ; and in regard
we have not as yet named a person to be chanceller of the said order, and that
there is no Great Seal or Signet thereunto belonging, we do order that our Sig-
net, now in the custody of our Secretaries of State for our ancient kingdom of
Scotland, shall serve for any warrants or orders that we shall think fit to grant
or emit, for noiiiinating any of the knights-brethren or officers, or any other
thing relating to the said order, until it shall be fully settled. Tne royal chapel

114

EXTERIOR ORNAMENTS.

" of our Palace of Holyroodhouse to be the chapel of the order in time coming,
" and the sub-prior, or dean or prior there, to be reader of our orders, whose badge
" and ornaments shall be hereafter appointed. Given under our royal hand and
" signet at our Coiut of Windsor the 29th May 1687, and of our reign the
" third year.

" By His Majesty's Command,

" Melfor-t."

Statutes of the Most Ancient and Most Noble Order of the Thistle.

" It is statuted and ordained by the King's Most Excellent Majesty, Sovereign,
of the Most Ancient and Most Noble Order of the Thistle, that his Majesty, and
his royal successors sovereigns thereof, shall in all time commg wear the said or-
der on the ribbon of the Order ot the Thistle, or other way in any manner his
Majesty shall think fit. That in honour to the holy apostle St Andrew, protector
of the Most Noble Order of the Thistle, his Majesty shall wear the collar of that
order on the day of the feast of St Andrew, being the thirty day of November
yearly ; that the knights-brethren shall wear their collars in all collar days
wherever the sovereign is, and within Scotland by obhgation, whether the so-
vereign be there or not ; that the collar days be the same ordinary collar days
now observed by his Majesty ; that there be a secretary of the order to transmit
the sovereign's orders to the knights his brethren, and that he attend his royal
person for that effect. Given under his Majesty's royal hand and signet at the
Court of Windsor the 29th of May 1687, and of his Majesty's reign the third
year.

" By his Majestfs Command,

" Melfort."

The Sovereign's Warrant concerning the Ribbon which is to be carried. The same
whereon is to hang the Medal of the Order.

" It is our will and pleasure that the ribbon on which is to be hung the medal
" of the Most Ancient and Most noble Order of the Thistle, be of the colour and
" watering of the pattern hereunto annexed,, as well when the same shall be carri-
" ed by us the sovereign, as it is to be daily by the knights-brethren of the said
" order. Given under our royal hand and Signet at our Court of Windsor the
" 31st day of May 1687, and of our reign the third year.
" By his Majestfs special Command,

" Melfort."

Commission to Sir Andrew Forrester to be his Majestfs Secretary of the Most An-
cient and Most Noble Order of the Thistle. .

James Rex,

" James VII. by the grace of God, King of Scotland, England, France, and
" Ireland, Defender of the Faith, &.c. Sovereign of the Most Ancient and Most
" Noble Order of the Thistle. To our trusty and well beloved Sir Andrew Forrester,
" Greeting. Whereas we have thought fit to revive and restore the said Most An-
" cient and Most Noble Order of the Thistle to its ancient splendour and magnili-
" cence, to the end it may remain as a lasting mark and testimony of our royal
" favour to our ancient kingdom of Scotland ; and whereas several officers are need-
" ful for attending the service of the same, especially a secretary for giving an ac-
" count of our intention and pleasure from time to time to the knights-brethren of
" the said order, we have therefore thought fit to nominate, constitute, and ap-
" point you the said Sir Andrew Forrester to be our secretary of that Most Ancient
" and Most Noble Order, giving, granting, and disponing unto you the place and

EXTERIOR ORNAMENTS . 115

office of our secretary of the order aforesaid, witli all power and authority to you
to receive all fees, prolits, and perquisites, and to enjoy all privileges and immu-
nities belonging, or that hereafter shall be by us declared to pertain and b^-long
to the same, and generally with full power to do and perform all thiugi per-
taining to the place, office, and duty of secretary of that order, and after you
have taken your oath de fideli miininistratione in the said office, you are hereby
authorised to carry a badge, and to wear and use all habits and distinctions, and
others which to our secretary of the said order do rightly belong ; for all which
this shall be your warrant. Given under our royal hand at our Court at Wind-
sor, the 31st day of May 16S7, and of our reign the third year.
" By bis Majesty's Ojmmn/id,

" Melfort."

J.i^MES Rex,

The form of the Oath taken by bis Majesty's Secretary of the Most Ancient and Most
Noble Order of the Thistle.

" I shall bear faith and true allegiance to my Sovereign Lord the King's most

" excellent Majesty, Sovereign of the Most Ancient and Most Noble Order of the

" Thistle, I shall faithfully perform the duty of secretary to the said most noble

" order, and will never reveal the secrets of the same. I will be true and faithful

" to the knights-brethren of the said order, i will (to the utmost of my power)

" maintain the honours, rights and privileges of the said most ancient and most

" noble order. So help me God." •

Windsor, ^ist May 1687.

" Nota, That hereafter there are no papers relating to the order to be recorded
" in the Principal Secretaries of State their office, in regard his Majesty's
" Secretary of the order is to keep a register apart in which they are to be re-
" corded."

Follows the List of the Knights Companions of the Noble Order of the Thistle revived
in the Reign of King James VU. and created so by bini.

James Earl of Perth, then Lord High Chancellor of Scotland, George Duke of
Gordon, John Marquis of Athol Lord Privy Seal, James Earl of Arran, after Duke
of Hamilton, Alexander Earl of Murray, John Earl of Melfort, then Principal Secre-
tary of State, Kenneth Earl of Seaforth, George Earl of Dumbarton, Sir Andrew
Forrester, Secretary to the Order, Usher of the Thistle.

Thus this Most Ancient and Most Noble Order of the Thistle continued to
flourish during the remainder of this king's reign. But the Revolution afterwards
succeeding, which occasioned the said King James to retire to France, and the
Prince of Orange being in his place crowned king of these realms by the revolu-
tioners, they laid again aside the usage of this noble order, and their zeal for the
Protestant religion occasioned them to have no juster sentiments of it than our old
reformers had, who esteemed no better of this high order of knighthood than that
it was a popish institution. For as the said Prince of Orange was a liero of un-
questionable bravery, so he had a_great esteem of knighthood and valour, as may
appear from his creating as many Knights of the Garter as has been done in any
succeeding reign since ; neither is it to be doubted but he would have given as
much encouragement to the honour, splendour, and reputation of our said royal or-
der of knighthood during his reign as any of our preceding kings had done, had
he found the humour of our nation to have laid aside all their prejudices thereto,
and agreed with his just sentiments of honour: And therefore to give our said na-
tion no occasion of discontent during his government, he thought it proper to lav

Vol. U. 3 L

,iG EXTERIOR ORNAMENTS.

aside the usage of this most ancient and most noble order; so that no creation of
any hlw knights thereof happened during his reign.

But his successor, Queen Anne, finding this kingdom begin to have better con-
ceptions of the great honour of royal knighthood, she was pleased, in the second
year qf her reign, to sign a patent to be passed the Great Seal of Scotland, for
again reviving and restoring our Most Ancient and Most Noble Order of the Thistle,
whereof the tenor follows :

" Anna, Dei Gratia, Scotias, Anglias, Francia: &- Hibernias Regina, fideique de-
" fensor, omnibus probis hominibus ; quandoquidem serenissimus noster progenitor
" Scotorum Rex Acbauis gloriosDE memorice, ordinem cardui antiquum, ac longe
" nobilissimum, ex suinmo principe & duodecim equitibus constantem instituisse;
" idque ad Christianee religionis tutelam, &- in memoriam insignis victoria per
" e.indem ad versus Athelstanum Saxonum regem, post prselium cruentum parte
" ubi dum pugnaretur, in aethere apparuit crux alba decussata ad formam illius qua
" Sanctus Andreas Apostolus martyrium passus est, qui quidem antiquissimus &•
•' nobihssimus ordo, non solum jn archivis nostris, & hujus regni nostri Scotiae his-
" toriis, sed etiam ab exteris historiarum scriptoribus, honoritice commemoratur ;
" qua; sunt authentica documenta prselustris estimationis ejus nobihssimi ordinis
" generatim susceptae, sed ob continuata bella &- tumultus intestinos quae post obi-
" tum Jacobi Quinti Regis successivas minoritates regiae coronae splendor, huic
" multis in rebus diversique modus obumbratus fuit &- inter alia honos huic nobilis-
" simae institutioni debitus, quaeque sic praestitit, usque ad tertium annum regni
" regis nostri patris Jacobi Septimi, qui consideratione multiplicium ofBcii, &• afFec-
" tionis judiciorum ipsi exhibitorum, per hoc, antiquum regnum nostrum, eundem
" nobilissimum ordinem redintegravit & restituit, &- ob ejusdem restitutionem, nos
" inter multa alia testimonia curas nostrae regiae antiqui hujus regni nostri, tam
" pro ejusdem honore quam aliis quae ad idem spectant, & predicti nobilissimi or-
" dinis ad justum splendorem £*- existimationem erectione, eo ut presens hoc nos-
" trum seculum atque aetates futurae ad emidationem nobilem talia gratiae regia
" signa discriminantia merendi, in suorum nobilium antecessorum imitationem ex-
" citentur ac moventur, congruum nos nunc putamus tanquam princeps suprema
" dicti nobilissimi ordinis indubitatum nostrum jus exequi. Noveritis igitur nos
" redintegrasse &. restituisse, sicuti per presentes has literas nostras patentes redin-
" tegvamus &- restituimus, eundem dictum ordinem, ad cranes honores, dignitates,
" titulos &- privilegia, quae olim aut nunc ad eundem pertinentem, cum omnibus
" aliis additamentis, quae nos aut nostri regii successores supremi principes dicti
" nobilissimi ordinis, in posterum declanivimus, vel in eos conferemus, atque per
" presentes has literas nostras patentes duodecim equitibus nobiscum supremo
" principe ex quibus prasdictus nobilissimus ordo tempore elapso constitit, atque
" in posterum constabit, & successoribus suis in dicto ordine damns &- concedi-
" nius omnes honores, dignitates, titulos &- privilegia ad plenum suum vigorem,
" gloriam, &• magnificentiam, prout hactenus obtinuit, vel quae in futurum ad
" eundem pertinere declaravimus. In cujus rei testimonium magnum sigillum
" nostrum appendi prsecepimus. Datum apud aulam nostram de St James, tri-
" gesimo primo die mensis Decembris, Anno Domini millesimo septingentesimo
" quarto, & anno regni nostri secundo.

" Anne R."

Statutes and Orders of the Most Ancient and Most Noble Order of the
Xhistle, revived hy her Majesty Anne, by the Grace of God, ^ecn
Locus SiGiLLi. of Scotland, England, France and Ireland, Defender of the Faith,
Sovereign of the said Most Noble Order, for the better regulating the
proceedings and solemtiities thereof in all the circumstances thereunto
belonging.

" In Xht first place. We think fit to continue the ancient number of knights, to
" wit, twelve brethren with ourself the sovereign of the said most noble order, to
" be the precise number of that order in all time coming.

" That the sovereign's habit be such as they shall think fit at any time here-

EXTEPdOR ORNAMENTS. 117

after to appoint. That the habit of brethren of this order be a doublet and
trunk-liose of cloth of silver, stockings of pearl-coloured silk, with white leather
shoes, garters and shoe-strings of green and silver, the breeches and sleeves of
tiie doublet decently garnislied with silver and green ribbons, a surcoat of purple
velvet lined with white talfera, girt about the middle with a purple sword-belt
edged with gold, and a buckle of gold, at which a sword with a gilded hilt, where-
of the shell is to be in the form of the badge of the order, and the pommel in
the form of a thistle, in a scabbard of purple velvet, over all which a mantle or
robe of green velvet, lined with white taffeta, with tassels of gold and gi\en ;
upon the left shoulder of which, in a field of green, St Andrew the apostle his
image, bearing before him the cross of his martyrdom of silver embroidery, with
a circle of gold round it, upon which the motto. Nemo me hnpune lacesset, in
letters of green ; and at the lower part of it a thistle of gold and green, the
flower reddish; about the shoulder is to be worn the collar of the order, consisting
of thistles and sprigs of rue going betwixt ; at the middle of w hich before is to
be hung the St Andrew- of gold enamelled white, or if of diamonds, consisting
of the number of thirteen just, the cross and feet of St Andrew resting upon a
ground of green, the collar to be tied to the shoulders of the robe, and white
ribbons upon their heads, on days of solemn procession or feasting, where the so-
vereign is present, or has a commissioner for that effect. They are to wear at
the times of permission a cap of black velvet faced up with a border of the
same, a httle divided before, wide and loose in the crown, having a large plume
of white feathers, with a black egrit or heron's top in the middle of it, the bor-
ders of the cap adorned with jewels.

" That the jewel of the said order is to be worn at a green ribbon over the left
shoulder, cross the body and tied under the right arm. The jewel to have on
the one side the image of St Andrew, with the cross before enaroelled, as is above
said, or cut on stone, enriched with precious stones round it, on the back of
which shall be enamelled a thistle gold and green, the flower reddish, with the
before-mentioned motto round it. The ground upon which the thistle is to be
done shall be enamelled green.

" That the medal of the order be all of gold, being the St Andrew, bearing be-
fore him the cross of his martyrdom, with a circle round, on which to be the
motto of the order, and at the lower part of the circle between the joining of the
words a thistle, and to be worn in a green ribbon as the jewel, at times when
the jewel is not worn.

" That upon the left breast of the coat and cloak shall be embroidered a badge
of a proportionable bigness, being a St Andrew's cross of silver embroidery, with
rays going out betwixt the points of the cross, on the middle of which a thistle
of gold and green upon a field of green, and round the thistle and field a
circle of gold, having on it the motto of the order in letters of green.
" That her Majesty, and her royal successore, sovereigns of the said Most An-
cient and Most Noble Order of the Thistle, shall in all time coming wear the
said order on the ribbon of the Order of the Garter, or otherwise in any manner
that her Majesty shall think fit, and shall wear the collar of the said order on the
day of the feast of St Andrew, being the thirtieth of November yearly.
" That the knights-brethren of the said order shall wear their collars on all col-
lar days, wherever the sovereign is, and within Scotland, by obligation, upon
all days of public solemnities, whether the sovereign be there or not.
" That the collar days be the same ordinary collar days now observed by her
Majesty. That the collar with the St Andrew belonging to it, and the medal
of the order given by her Majesty and successors, sovereigns of the said most
noble order, to the knights-brethren thereof at their admission, be returned at
their deaths to the sovereign.

" The order is to have a Great Seal in the custody of the Chancellor thereof,
having on the dexter side St Andrew's cross, and on the sinister the arms of
Great Britain, as they are carried by us in Scotland, encircled with the collar of
the order, with the image of St Andrew hanging at it, with the motto of the
order going round the seal. On the other side, the image of St Andrew, bearing

ii8 EXTERIOR ORNAMENTS.

" a cross before him, with a glory round his head, written round Magnum sigillum
" antiquissimi £5" nobilissimi ordinis cardui."

" That there be a Secretary of the order to transmit the sovereign's orders to
" the knights-brethren, and that he attend her royal person for that effect. He
" shall have, on days of solemnity, a mantle of green satin, lined with white on
" the left shoulder, of which the badge of St Andrew's cross, his ordinary badge,
" is to be hung in a chain of gold, being a thistle of gold and green, upon two
" pens crossed saltier- ways, with the motto round about it, and an imperial crown
" upon the top."

" The Lyon shall have robes and badges upon the shoulder, conform to the se-
" cretary, in his hand his staff of office, and about his neck his badge, with the St
" Andrew turned outward.

" The Usher conform to the secretary in all things, except his badge, which is
" to be two sprigs of rue in form of St Andrew's cross vert, upon a ground white,
" upon which a thistle of gold, and round the motto, upon which an imperial
" crown, and in his hand the batton of his office.

" Before any can be admitted to the Most Noble Order of the Thistle, he must
" be a knight-batchelor."

Here follows the Form of the Oath to be taken by all such as shall be admitted into
this Order as Brethren.

" I shall fortify and defend the true reformed Protestant religion,

and Christ's most holy evangel, to the utmost of my power.
" I shall be loyal and true to my Sovereign Lady the Queen, Sovereign of this
Most Ancient and Most Noble Order of the Thistle.

" I shall maintain and defend the statutes, privileges, and honours of the said
order.

" I shall never bear any treason about in my heart against our Sovereign Lady
the Queen, but shall discover the same to her. So help me God.
" The oath being taken by the elect knights, before any whom the sovereign
shall appoint, they may actually wear the badge and other ornaments belonging
to the order; and in regard we have not as yet named a person to be chancellor
of the said order, and that there is no Great Seal belonging thereto, we do there-
fore ordain that our signet of the said order, which is to be in the custody of om"
secretary to the said order, shall serve for any warrant or order that we shall
think fit to grant or emit for the nominating any of the knights-brethren or
officers, or any other thing relating to the said order.

" The royal chapel of our palace of Holyroodhouse to be the chapel of the or-
der in time coming.

" That no alteration of the habit, jewel, collar, badge, or other ornaments be-
longing to the said order, or of the using or wearing of them, be offered to her
majesty by any of the brethren, without a concurrence of the major part of them.
' Given under our royal hand and signet at our Court at St James's the 31st day
of December 1703 years, and of our reign the second year.

" A. R.
" By Her Majesty's Command,

" Cromartie."

Sterling
L-55

Money.
11 u
6 75

5

8

27

II
6
15

6i^

5

11

I'

EXTERIOR ORNAMENT.S.

The Fees eippoiitiul by Her Sacred Majesty ^leen A>fNE, Sovereign of the Most An-
cient and Most Noble Order of the Thistle, to be paid by those who shall be admitted
as Knights-Brethren of the said Order at their Mmission thereto.

" Iinpr. To the secretary of the order,

" To the commissioner's servants, - -

" To the church fees, viz. ringer of bells,

" To the usher of the order, . - .

" To the Lyon's Office, heralds, pursuivants, trumpets, &c.

" It is said their present fees on this head is now L. 72 Sterling.

" To the queen's ushers, ....

Summa L. in 2 2

A. R.

" We do hereby order and require all who are or shall be admitted as Knights-
" Brethren of the Most Ancient and Most Noble Order of the Thistle, to pay the
" fees according to the above distribution, upon their being admitted to the said
" order. Given under our royal hand and signet of the said order at our Court
" of St James's the 29th day of October 1705, and of our reign the fourth
" year.

" This is a true copy of the statutes and orders signed by her majesty, examined
" and compared with the originals, by me

" David Nairn, Sec. nob. ord. carditi."

The History of Europe, for the year 1704, tells us, that, on the 31st of January,
the queen was pleased to sign the foresaid patent to be passed the Great Seal of
Scotland, for reviving and restoring there the Most Ancient and Most Noble Order
of the Thistle. In pursuance of which patent, John Duke of Argyle was received
into that order the 4th of February by her Majesty the Sovereign thereof, so were
three days after John Duke of Athol, William Marquis of Annandale, James Earl
of Dalkeith, George Earl of Orkney, and James Earl of Seafield. Her Majesty
dispensed, during her royal pleasilre, with the ceremonies and solemnities of their
instalment, as well as of all the rest of the knights-brethren ; and was pleased to
give a commission to David Nairn, Esq. to be secretary of the said order, and to
confer upon him the honour of knighthood.

Mr Miege, in his State of North Britain, gives us a list of the knights com-
panions of the Noble Order of the Thistle in the reign of Queen Anne, to the
year 1711, whose names are as follows, John Duke of Argyle, John Duke of Athol,
William Marquis of Annandale, George Earl of Orkney, James Earl of Seafield,
William Marquis of Lothian, Charles Earl of Orrery Enghsh, John Earl of Marr,
Hugh Earl of Loudon, and John Earl of Stair, Sir David Nairn, Bart. Secretary to
the Order. Usher of the Thistle.

And not only during the reign of the said Queen Anne the Most Ancient and
Noble Order of the Thistle continued to flourish in great splendour and esteem,
but her successor. King George, highly honoured the same: For Sir Thomas
Brand was created by him Gentleman-Usher of the Green Rod, of the Most An-
cient Order of the Thistle, or St Andrew, and Gentleman-Usher, Daily Waiter to
his Majesty King George, and by patent carries, quarterly, first and fourth two
battons, or rods, or, ensigned on the top with the unicorn of Scotland, as the badge
of his office, and the second and third quarter of his arms is liis paternal coat;
crest, a vol, v.'ith the batton of the office erected in pale: motto, Advance; and
places round his arms the chain of gold, with the badge of the order pemJent, viz.
on an oval ardent a St An.lrew's cross surmounted of a thistle, and round the same
the motto. Nemo me impune lacessit, which he commonly wears, and behind the
shield he carries two battons in saltier, to show he is actually in post, a figure
whereof I have caused cut in the Plates of Acliievements subjoined to the First

Vol. U. 3 M

120 EXTERIOR ORNAMENTS.

Volume of my System of Heraldry. And I see no reason but the rest of the
ofticers of this most ancient order, Viz. the Secretary, Lyon, &.c. may outwardly
adorn and trim their armorial shields with the collars and badges of their several
offices after the like manner. King George did also create new knights com-
panions of this noble order in the room of old ones deceased, viz. John Earl of
Sutherland, as does also his son, who, now reigns, who, on St Andrev/'s day yearly,
November 30th, goeth with the royal family to his royal chapel, and weais St
Andrew's crosses in honour of that day: So that this royal order of knighthood
continues still its honour and reputation at this very day, though above eight
hundred and twenty years standing since its first institution by King Achaius.

And besides, (which adds very much to the honour of this high order) according
to the ancient and primitive institution, this order is to consist of no more than
of thirteen persons, viz. the sovereign and twelve knights, in memory of our Savi-
our and his twelve apostles; whereas the great increase of knights companions of
many other orders has been the occasion of their ruin and disesteem.

The solemn meeting of these knights of old was annually on St Andrew's day,
in the church of the town dedicate to his name; during the festivity the knights
were richly habited, and wore their Parliament robes, having fixed on their left
shoulders an azure roundel, charged with a saltier argent, or St Andrew's cross en-
filed in centre, with a crown composed of flower-de-luces or; for the ordinary and
common ensigns the knights used a green ribbon, whereat hung a thistle of gold
crowned with an imperial crown, within a circle of gold containing the epigraph
Nemo me impune lacessit. But now they have sewed to their left breast an irradia-
tion (like that of the Knights of the Garter) over a saltier silver, the irradiation
charged with a blue roundel of St Andrew's cross. As also the said St Andrew's
church, the ancient chapel of the order being ruined at the Reformation, which
happened in the reign of Queen Mary, and besides, this noble order was laid aside,
and continued so (as I observed before) till his late Majesty King James VII. re-
stored it again by a patent, dated at Windsor the 29th May 1687, appointing also
his chapel royal in his palace at Holyroodhouse to be hereafter the chapel of the
order, instead of the said St Andrew's church which was ruined; which chapel he
caused beautifully to be repaired, and fitted up by the hands of many exquisite
workmen foreign and domestic, who adorned the same with the ethgies of our
Saviour, his twelve apostles, and other admirable pieces of sculpture, for the greater
honour and conveniency of the said royal knights. But, in December 1688, the
city of Edinburgh having overpowered Captain Wallace, who was posted to de-
fend the said royal palace of Holyroodhouse, they without opposition went first to
the said royal chapel, and broke and destroyed to pieces all the curious workmanship
therein, which had cost the said King James a considerable sum to perform, and
carried several parcels of these pieces of work up to the cross of Edinburgh, and
burnt them there. The author of a Journey Through Scotland, October, London
1729, page 61. tells us, " That this church, or chapel, is very neat, with the
" highest roof (says he) I have seen, and the pillars as exquisite as St George's
" Chapel at Windsor, with two rows of stone galleries above. King James VII.
" (continues he) erected a magnificent throne here for the sovereign, and twelve
" stalls for the twelve knights companions of the Order of the Thistle, or St An-
" drew, all of oak, and the finest masters in carved work all over Europe employ-
" ed in it. The floor was finely paved with marble, a fine organ was also erected;
" but the mob, at the Revolution, pulled it all to pieces, thinking it that smelled too
" rank of popery, not leaving so much as a stone of the pavement, but what they
" pulled up and carried away." Yet notwithstanding hereof, her late Majesty
Qiieen Anne, upon her again restoring this noble order of knighthood, by a war-
rant under her royal hand and signet, dated at St James's 31st of December 1703,
did again ordain and confirm her royal father's order, in appointing the royal
chapel of her palace of Holyroodhouse to be the chapel of this order in time
coming, and which continues so at this day.

Andrew Favin, in his Theatre of Honour, lib. 5. cap 3. page 96. tells us, That
the foresaid Achaius King of Scotland having won the love and alliance of the
King Charlemagne, and the Most Christian Kings of France his successors, found
himself to be so strong and mighty, tltat he took for his device the thistle and the

EXTERIOR ORNAMENTS. 121

rue, and, for a motto tliereto, Pour ma defence ; because (says he) the thistle is not
tractable, or easily handled without good gloves made of the hart's skin, whereby
all his pricking is avoided. As giving acknowledgment thereby, that he feared nti
foreign princes his neighbours, (continues he) seeing he leaned on the succour and
alliance of the French. But herein this author is mistaken, for it is of verity that
France has been more obliged to the valour of tlie men of our nation than any
assistance they ever gave to us; yea we have suffered almost our kingdom to be
over-run by the English in their quarrel, and had it not been the valour of our he-
roes, who always of old assisted them, England, long ere now, had made a conquest
of that kingdom; and the said author, Favin, confesses no less, as he ingeniously
makes it appear in his said tifth book, by giving us a list of the many tliousands ot
Scotsmen sent by our kmg from Scotland to the assistance of the kmgs of France,
all led by gallant commanders; for which good service our nation received from
them many vakuble privileges, and our nobility and captains sent thither were
highly rewarded with the greatest honours and preferments that kingdom could
give. Again, as to the motto, In defence, which this author appropriates to the
thistle, as I observed before, I still judge it to be tlje motto of the royal arms, or
crest assumed by King Achaius, when Charles the Great honoured the said king
with the double tressure to surround the rampant lion in his arms, upon the alli-
ance of the two crowns of Scotland and France, as a symbol, to show that the
lilies of France should always defend the lion of Scotland. The old motto of the
Order of the Thistle, viz. Nemo me inipime Incesset, being by far more proper and
agreeable thereto, and Menenius also tells us, that this was the old and only motto
peculiar to the Order of the Thistle.

As for the collar of this noble order, which consists of thistles and sprigs of
rue. The thistle, says Pliny, in his Natural History, torn. 2. page 79. have their
leaves beset with prickles, they bear heads, pointed with sharp prickles round
about in manner of caltrops, and the artichoke-thistle puts forth a purple flower
amidst these sharp-pointed prickles, and when sodden is a great strengthener of the
stomach, and if applied to the matrix of women, it disposeth and prepareth it to
conceive men-children ; and Ch;^:veas the Athenian, and Glaucias especially, says the
same ; as likewise these thistles causeth a sweet breath. As for the rue, although
it be an herb and plant very mean, yet it is nevertheless full of admirable virtues,
so that men and beasts likewise having eaten thereof, their breath only serveth to
expel, and drive serpents to flight : for the said Pliny, and all the naturalists do
hold, thatt he woodmartin, the weasel, and other small beasts dare be bold to
graple with serpents, yea, the viper himself, after their stomachs are filled with
rue. Paulus ^gineta, and all the herbalists, are of opinion, that there is not a
more sovereign remedy, for such as are poisoned, to vomit up the poison, than to
drink it in warm wine, and present cure has instantly ensued by this herb. And
for this reason, King Achaius, to demonstrate to his enemies that he had power
to make all their practices unprofitable, took these two herbs for his device, and
composed them in a collar of this order, which has continued to this dav.

The manner of wearing the ribbon of this most noble order in time of peace,
was of later times pendent about the neck, down to the middle of the breast,
where hung the jewel of the order, having on the one side the image of St An-
drew, holding his cross before him, and on the reverse a thistle, or and vert, the
flower reddish, with the foresaid motto round it. But since, for the more conve-
niency of riding or action, the same is spread over the left shoulder, and brought
under the right arm, where the jewel now hangs. But where the pictures of the
sovereign and knights companions are drawn in armour, there, even to this day,
the said jewel is represented as fixed to a gold chain instead of a ribbon, and worn
about the neck, and not brought under the right-arm.

And there is a standard of honour provided for the sovereign to measure the
extraction, quality, and merit of the persim proposed to be elected of this order,
lest it might chance, through the indulgence of the sovereign, this fountain of
honour might be mudded by the choice of inferior and undeserving persons: for
Benjamin Smithurst, in his Britain's Glory, page 43. tells us, that the knights of
this order are appointed to be of the most noble men of Scotland ; and if of an-
other nation, they are never chosen below nobility, as witness Charles Boyle Earl.

J22 EXTERIOR ORNAMENTS.

of Orrery, an Irish peer, who was elected by Queen Anne, a knight companion of
this order ; and no doubt the sovereign's design herein was, that none should be
elected of this order, unless he be worthy, upon the account of birth and arms.
For it is certam gentihty does not receive its perfection in the person it was first
devolved on, but is rather completed by succession: for among the Romans, though
tlie father was free-born, and of the equestrian cense ; yet it was farther requisite
that the grandfather should be the same, or else they could not obtain the ring,
one of the symbols of the Equestrian Order, as Pliny informs us. Gentility, there-
fore, hath its beginning in the grandfather, its increase in the father, and full ripe-
ness in the son ; and consequently in the constitution of gentility, the father and
grandfather conveying a lustre to the son, make it entire and complete ; for it is
incongruous to suppose a ripeness in the son, unless there had been a former in-
crease in the father.

As to the objections made by some English authors, and others misled by them,
against the antiquity of this noble order, seeing they carry more of prejudice than
reason, I shall pass them over with silence, and the rather, that since the union
these prejudices are now laid aside by them, hoping I have advanced above what
will be sufficient to convince my impartial reader of the antiquity of this most an-
cient and noble order of knighthood ; and if our nation had been so fortunate as
to have had our ancient records and old monuments of antiquity preserved to this
day, which the calamity of war and other accidents has deprived us of, we might
have had fuller accounts and clearer documents to have obliged the presenfgenera-
tion with concerning the same. As for the story about the commencement of this
Royal Order of St Andrew, by the appearance of the cross of his martyrdom in the
sky, though it may, to polite wits of this age, look like a legend, yet 1 believe it is
much of a piece with what we are told by the following famous authors, viz. Euse-
bius de Vit. Constant, lib. r. cap. 29. Socrates Hist. Eccl. lib. i. cap. 2. Sozomen,
lib. I. cap. 3. and others, concerning the first Christian Emperor Constantine: they
say, that while this Prince was (at the intreaty of the senate and people of Rome)
on his march, in order to suppress the tyranny of Maxentius, and being doubtful
of the success, and therefore afraid of the danger of such an expedition, he per-
ceived a burning cross in the heavens, with three Greek words, which signified
that this should be a sign of his victory ; and they add, that upon this assurance
he caused the figure of the cross, just as he had seen it, to be set in gold upon the
imperial standard, and then set forward and prospered. Now whether either or
both of these miracles have been wrought by designing Providence, or if they
ought to be ranked among the pious cheats of the old priests and monks, I leave
it to the more curious to examine. This is certain, Constantine overthrew Maxen-
tius, and Achaius defeated Athelstan.

The next old order of knighthood with us was the Banrents or Bannerets, creat-
ed so under the royal banner for gallant actions in the field, and seldom or never
conferred but upon persons of extraordinary merit, many of whom were able, by
their arms and numerous vassals, to raise, maintain, command, and lead gallantly
a company of soldiers to field in time of war, under their own particular banners
of their arms ; and very many of the predecessors of our old families here in
Scotland have been advanced to this truly honourable degree of knighthood on
the consideration of their courage and valorous exploits in times of war and
battles ; so that our nation, of old, having produced so many of these gallant
heroes, it would take up the subject of a volume by itself to narrate their names
and heroic deeds ; Sir Robert the Bruce, Sir William Wallace, and many hun-
dreds more of our nation being all advanced to this military order of knighthood,
on account of their valour, and the same being but only a temporary dignity, it
was bestowed on none but those, who, by their valour in chivalry, deserved it ;
and the son could not succeed the father in this dignity till he had performed some
valorous action to merit the same, in order to fit him for being a leader of a com-
pany of men of war.

Sir George Mackenzie in his Precedency, p. 55. says, " That he finds of old a

" bannerent (or a ban-rent) has been with us a title higher than a baron, for, by

" act 102, Parliament 7th, James I. anno 1427, barons may choose their own com-

" missioners, but bishops, dukes, earls, lords, and ban-vents are to be summoned to

2.

EXTERIOR ORNAMENTS. 123

" parliament by the king's special precept ; and it is probable (continues he)
" that these baa-reius were knights of extraordinary reputation who i\ere allowed
" to raise a company of men under tlicir own banners ; but now it is commonly
" taken for such as are knighted by the king or pnnce under the royal standard
" in time of war." But 1 conceive that tliose could not now sit in Parliament upon
the king's precept, the former act of Parliament being in desuetude : They
have the precedency from baronets, though their wives have not, tins being but
a temporary dignity, and the other an heritable.. The undoubted badge of these
knights was a golden collar of SS's ; though the usage thereof is now grown obso-
lete, yet 1 see no reason why those of this degree of knighthood may not, at this
time, exteriorly adorn their armorial shields with such a colUr, the same being
both regular and agreeable to the practice of all knights who are honoured with
tlie cognosce or symbol of a collar as the badge of their dignity.

The next degree of knighthood with us is the Order of Baronet in Scotland,
which was erected for advancing the plantation of Nova Scotia in America, and
for settling a colony there, to which the aid of these knights was designed. Tlie
order was only intended by King James VI. before his death ; for in iiis lirst
charter of Nova Scotia, in favour of Sir William Alexander, dated icth of Sep-
tember i6zi, and in another charter granted to Sir Robert Dunbar of Locliinvar,
of a part of Nova Scotia, designed the barony of Galloway, dated 8th November
1621, there is no mention made of this ordei-): so that the same was only erected
by King Charles l.a/ino 1625. In the several patents granted to baronets, his ma-
jesty did dispone to each of these knights a certain portion of land in Nova Scotia,
erecting the same into a free barony, with great and ample privileges unnecessary
to be inserted here. And moreover, for their encouragement, did erect, create,
make, constitute, and ordain that heritable state, degree, dignity, name, order,
title, and stile of baronet, to be enjoyed by every of these gentlemen wlio did
hazard for the good and increase of that plantation : and so preferred them to that
order and title, creating them and their heirs-male heritable baronets in all time
coming, with the place, pre-eminency, priority, and precedency in all commissons,
brieves, letters patent, naraings, and writs, and in all sessions, conventions, congrega-
tions, and places, at all times and occasions whatsomever, before all knights cal-
led equites aurati, all lesser barons commonly called Lairds, and before aU other
gentlemen : excepting the above Sir William Alexander, his INIajesty's Lieutenant
of Nova Scotia, who (with his heir, their wives and children conform) is not only
excepted in each of these letters patent granted to the knights his consorts, but
hkewise the charter granted to himself by King Charles I. anno 1625, did bear
expressly this exception and provison ; as alsd excepting knights bannerets who
should be created under the royal standard in his majesty's army and in open
war, the king himself being present, and that during the banneret's lifetime only :
and with precedency before all of the same order whose patents are of a posterior
date. His majesty did moreover declare and ordain, that the wives of these
knights, and of their heirs-male should have the precedency, as well after as be-
fore the deaths of their husbands, if they should happen to survive, before the
wives of all those of whom the knights baronets and their heirs-male had the pre-
cedency, and even before the wives of knights bannerets before excepted, (the
degree of baronet being heritable ;) and also that the children, male and female
of the baronet, should take place before the children male and female respectively,
of all persons of whom tlie baronets and their heirs-male had the priority : and
likewise before the children of the bannerets ; and that the wives of the sons of
the baronets, and of their heirs-male should precede the wives of all persons whom
their husbands might precede, and that as well their husbands being dead as liv-
ing. And further, hi? majesty did declare and promise, that whensoever the el-
dest sons and apparent heirs-male of the baronets should attain to the age of
twenty-one years, they should be by his majesty and his successors created equites
aurati. or knights-bachelors, without payment of any fees or dues for the same,
providing they should desire it. But here it is to be observed, that some of the
eldest sons of baronets pretend to the title of knight at their majority, by virtue
of this clause, without any previous desire or dubbing, which certainly is an er-
ror; for if they will not be at the pains to desire of his majcity or his commis-

VoL. U. 3 N.

124 EXTERIOR ORNAMENTS.

sioner, they should not assume it : likeas, his majesty did declare and ordain, that
the baronets and then- heirs-male should, as an additament of honour to tneir ar-
morial ensigns, bear either on a canton or inescutcheon, in their i:p[ion, the ensign-
of Nova Scotia, being argent, a cross of St Andrew azure, (the badge of Scotland
counter-changed) charged with an escutcheon of the royal arms of Scotland,
supported on the dexter by the royal unicorn, and, on the sinister, by a savage or
wild man, proper; and, for the crest, a branch of laurel, and a thistle issuing from
two hands conjoined, the one being armed, the other naked, with this ditto,
Munit hac IS altera vhwit. And that they and their heirs-male should, in all
times coming, have place in all his majesty's and his successors' armies in the mid-
dle battle, near and about the royal standard, for defence thereof. And that they
and their heirs-male may have two attenders of the body for bearing up the pall,
one principal mourner, and four assistants at their funerals; and that they should
be always called, intitled, and designed by the name and title of Baronet; and that
in all Scotish speeches and writings, the addition of Sir, and in all other discourses
and writings, a word signifying the same should be proponed to their names and
other titles, and that the stile and title of Baronet should be postponed and sub-
joined thereto in all letters patent and other writs whatsomever, as a necessary,
addition of dignity, and that each of them shall be intitled. Sir A. B. Baronet, and
his and his sons' wives should enjoy the stile, title, and appellation of Lady, Ma-
dam, and Dame, respectively, according to the usual phrase in speaking and
writing. And also his majesty did thereby promise, that the number of the baro-
nets, as well in Scotland, as the new colony of Nova Scotia, should never exceed
the number of 150, (albeit this number is at present somewhat augmented;) and
did likewise declare, that he nor his successors should never create nor erect in
time coming any other dignity, degree, stile, name, order, title, or state, nor
should 'give the priority or precedency to any person or persons, under the stile,
degree, and dignity of a Lord of Parliament of Scotland, which should be, or should
be presumed to be, higher, superior, or equal to that of baronet : and that the ba-
ronet should have liberty to take place before any such who should happen to be
created of any such degree or order, and that their wives, sons, daughters, and sons'
wives should have their places, accordingly : and that if any question or doubt
should arise anent their places and prerogatives, the same should, be decided and
judged according to these laws and customs by which other degrees of heritable
dignities have their privileges cognosced and determined. And finally, that none
should be created baronet either of Scotland or Nova Scotia, till he had first ful-
filled the conditions designed by his majesty, for the good and increase of that
plantation, and until he had certified the same to the king by his majesty's lieute-
nant there.

These patents were ratified in Parliament, and were always of this form till the
selling of Nova Scotia to the French ; after which they were made much shorter.
and granted in general terms, with all the privileges, precedencies, &c. of the
former baronets. Mr Miege, in his State of North Britain, tells us, That knights
baronets in Scotland are allowed to wear about their necks an orange-tawny silk
ribbon, to which is appended, in a scutcheon argent, a saltier azure, surcharged
with an inescutcheon of the arms of Scotland, and an imperial crown above the
last scutcheon, encircled with this motto, Fax mentis bonesta gloria; and the learn-
ed and judicious Elias Ashmole, in his Institution of the Garter, says the same :
And, to confirm this, in the year 1629 his Majesty did allow these baronets a par-
ticular cognizance, which will be best known by the copy of the following letter,
directed by his Majesty King Charles I. to the Lords of his Privy Council of this
kingdom, a copy whereof, as inserted by Sir George Mackenzie in his Precedency,
page 54, I here narrate as follows.

" Right Trusty, and Right Well-Beloved Cousin and Counsellor, Right Trusty
" and Well-Beloved Cousins and Counsellors, and Right Trusty and Well-
" Beloved Counsellors, we Greet you well. Whereas, upon good considera-
" tion, and for the better advancement of the plantation of New Scotland,
" which may much import the good of our service, and the honour and benefit
" of that our ancient kingdom, our royal father did intend, and we since have
" erected the order and title of Baronet in our said ancient kingdom, which we
" have since established, and conferred the same on divers gentlemen of good

EXTERIOR ORNAMENTS. 125

" quality : And seeing our Trusty and Well-Beloved Counsellor Sir William
" Alexander, Knight, our principal Secretary of that our ancient kuigdom of
" Scotland, and our Lieutenant of New Scotland, who these many years bygone
" hath been at great charges for the discovery thereof, hath now in end a colony
" there, where his son Sir William is now resident ; and we being most willing to
" aflbrdall the possible means of encouragement that conveniently wc can to the
" baronets of that our ancient kingdom, for the furtherance of so good a work,
" and to the ellcct they may be honoured, and have place in all respects, accord-
" ing to their patents from us, we have been pleased to authorize and allow, aa
" by these presents, for us and our successors, we authorise and allow the said
" lieutenant and baronets, and every one of them, and their heirs-male, to wear
" and carry about their ne -ks in all time coming an orange-tawny silk ribbon,
" whefeeon shall be pendent in a scutcheon ardent a saltier uzure, thereon an in-
" escutcheon of the arms of Scotland, with an imperial crown above the scutcheon,
" and encircled with this motto, K/.v miUis honestte gloria; which cognizance our
" said present lieutenant shall dehver now to them from us, that they may be the
" better known and distinguished from other persons. And that none pretend
" ignorance of the respect due unto them, our pleasure therefore is, that by open
" proclamation at the market cross of Edinburgh, and of all other head burghs
" of our kingdom, and such other places as you shall think necessary, you cause
" intimate our royal pleasure and intention herein to all our subjects. And if any
" person, out of neglect or contempt, shall presume to take place and precedency
" of the said baronets, their wives or children, which is due unto them by their
" patents, or to wear their cognizance, we will that, upon notice thereof given to
" you, you cause punish such offenders, by fining or imprisoning them as you
" shall think fitting, that others may be terrified trom attempting the like. And
" we ordain that from time to time, as occasion of granting or Venewing their
" patents, gr their heirs succeeding to the dignity, shall offer, that the said power
" to them to carry the said ribbon, and cognizance, shall be therein particularly
" granted and inserted. And we likewise ordain thir presents to be insert and
" registrate in the books of our Council and Exchequer, and that you cause regi-
" strate the same in the books of the Lyon King at Arms, and heralds, there to
" remain ad fin ur am ret memoriam; and that all parties having interest may have
" authentic copies and extracts thereof. And for your so doing, these our letters
" shall be unto you, and every one of you from time to time your sufficient war-
" rant and discharge in that Isehalf. Given at our Court at Whitehall the 17th of
" November 1629 year*."

From hence I observe, that after so plain and positive a letter from his then
Royal Majesty King Charles L whose will and pleasure therein is also expressly
ordained by liim to be openly proclaimed, that none might pretend ignorance
(and which unquestionably was done, and performed at the places needful within
this kingdom) of the honourable privilege and allowance granted by his said ma-
jesty to all knight baronets within tlris realm, allowing each of them and their
heirs-male to wear about their necks a ribbon or collar for the greater honour of
this degree of knighthood, with a pendant hanging thereto, as is fully and clearly
narrated in the said letter, which his majesty authorises and allows not only for
himself, but ordains his successors in the government of this kingdom to authorise
and allow of the same to the said baronets and their said heirs-male, and also that
succeeding generations might be certified of his positive will and order herein, or-
daining likewise his said letter to be registrate not only in the books of his Secret
Council and Exchequer, but also of those of the Lyon King at Arms, and heralds;
and there being no other order or deed since granted (that I know of) in preju-
dice hereof by any of our succeeding kings, it has certainly been wrong in our
several Lord Lyons since to have granted warrants under their seals of office to
these knights baronets, for carrying their arms with no other distinction for the de-
gree of baronet than the bare ensign or arms of Nova Scotia, in a canton or in-
escutcheon within their armorial shield. As also, it hath been no less irregular in
his brethren herald-painters to have drawn and illuminate such coats of arms en-
tirely contrary to the said express royal order and command ; for in so doing, as
they have no royal warrant to authorise the same, so thereby they very much de-

126 EXTERIOR ORNAMENTS.

prive the knights of this degree of the honour and privilege his said majesty was
pleased to confer upon them, in relation to their armorial bearings, and as a dis-
tinguishing cognosce particularly allowed by him to this order of knighthood.
Yet though these practices have been continued by the Lord Lyon and his said
brethren even to this time, to the great diminishing the honour allowed these
collared knights by royal authority, so I am hopeful, on the considerations follow-
ing, they will in time coming be pleased to rectify their mistake herein, and, in
trimming for the future the armorial shields of all those gentlemen of this degree
of knighthood, allow them this honour that our said royal sovereign has so ex-
pressly granted unto them, to wear and carry about their necks in all time coning
a ribbon and pendant, as aforesaid ; and so likewise, according to the custom and
practice of all other collared knights, they may as regularly have the shield of
their arms exteriorly surrounded and adorned with an orange -tawny silk ribbon,
with an oval pendant hanging thereat, charged with a shield, containing the arms
of Nova Scotia, viz. argent, a saltier nzure, surmounted of another shield or,
charged with a lion rampant within a double tressure, counter-flowered with flower-
de-luces ^w/fj-, being the royal arms of Scotland; and which last shield is ensigned
on the top with an imperial crown, proper, and, within a circle, going round the
said oval this motto, Fax mentis bonestce gloria.

Now as this method of trimming these knights' arms is more honourable, so it
is certainly more regular; for hereby the armorial shield within is freed of the in-
cumbrances of a canton or inescutcheon of the said arms of Nova Scotia; by which
usage very often some of the principal figures in the charge are suppressed, and not
visible in order and equity to give place hereto. And when the arms of any of
these knights happen to be a quarterly quartered coat, then commonly this
badge of Nova Scotia is placed in surtout, by which some of the figures in four
quarters of such bearings are hid and not discernible. And moreover in all minute
figures and drawings of such arms, as many of the principal figures, within the
shield are thereby suppressed, so the badge itself being (for proportion sake)
obliged to be formed so very small, the same is very often hardly perceptible.

Yet though these incumbrances do not prove so convincing and satisfactory a
reason, as to cause our Lord Lyon and present herald-painters alter their former
and present practice hereanent, my next consideration, to prove the irregularity
hereof, is this, that though King Charles L by his first royal patents to these
knights bai'onets, in the year 1625, as an additament of honour allowed by him to
be borne by them in their armorial ensigns, granted them to carry within their
shields of arms, either on a canton or shield, in their option, the said ensign of
Nova Scotia, yet it is to be further observed, that at the same time, and on the
same head, they are also allowed to trim the said badge or ensign with particular
exterior ornaments, viz. the supporters, crest and motto belonging thereto, which
are as expressly therein named by the said king as the badge itself. Now, if the
Lyon and his said brethren, notwithstanding of this royal allowance, shall hereafter
continue their old practice, in only allov^'ing these knights to carry within their
armorial shields the bare ensign of Nova Scotia, as a cognosce of that degree of
knighthood, then certainly, in my opinion, these knights are hereby very much
wronged, and the armorial distinction granted to them by his said majesty is at
the same time greatly diminished, by abstracting therefrom the proper exterior or-
naments granted by the said king for adorning of the said badge or ensign; and
that the said badge was ever trimmed with these exterior ornaments, according to the
tenor of the said patents, is what I never saw done or performed in any of these
knights' arms.

My last and chief reason for altering and rectifying the foresaid practice is, that
the allowance granted by his said majesty, in his first patents to the said knights,
anent the ensign or cognosce allowed by him to be worn by them within the
escutcheon of their arms, was at the same time disallowed, and unquestionably
annulled by a posterior letter or proclamation granted by the said King Charles
in the year 1629, by which, for the greater honour of these knights, and to free
their armorial shields of the foresaid incumbrances, allowed them (as a distinguish
ing badge of this degree of knighthood) to carry hereafter a ribbon and pendant
as aforesaid : For, to continue the cognosce allowed by his said majesty to these

EXTERIOR ORNAIVIENTS. 127

kniglits within their shield of arms, and to make the same an_v\vi-,c perceptible,
the lield undoubtedly would require to be very large, so as to admit of a canton
or shield (whicli according to the regular rules of heraldry are allowed but a
suitable bounds in the field) to trim the said ensign or badge, which contains so
many figures within and without the shield thereof, that the same is a suflicient
coat of arms by itself, and too narrow to be wholly trimmed in a canton or shield,
and in a minute figure it is almost impossible to be performed; and our said royal
sovereign, very probably on this consideration, being afterwards more rightly ni-
formed of the impracticableness hereof, presumably by the truly ingenious, curious,
and learned antiquary Sir James Balfour of Denmiln, then Lord Lyon, (to whom
our nation is much obliged for his valuable collections, many of which are now
lodged in the Lawyers' Librajy at Edinburgh) wisely tiiouglit fit to alter his
former grant, and by his said letter to his council, in place of the said canton, ex-
pressly grants to these knights, as the badge of that knighthood, to wear a collar
with a pendant as aforesaid.

But if here it shall be objected, that notwithstanding of the above particular or-
der, yet now the stile of the new patents, granted by succeeding kings to such
gentlemen as they have been pleased to advance to this degree of knightiiood, arc-
narrated otherwise, and the badge or symbol, fit and convenient for them to carry
in their arms, as being a baronet, is now left to the Lord Lyon to grant as he
thinks most proper. As in the patent or diploma granted by King James VIL to
Sir Robert Mylne of Barnton, of the stile and dignity of Knight Baronet, dated ai
Whitehall 19th March 1686, which runs thus, " Leoni porro armorum regi ejus-
" que fratribus fecialibus pra;nominato Roberto Mylne cjusque hasredibus ante dic-
" turn masculis insignia armorea, sen prioribus insigniis additamenta qua: apta &-
" convenientia hac occasione videbuntur dare &- prescribere imperamus." To
this I answer, That though the said King James, and his successors since, may have
granted their patents to these knights after this method and stile, yet it is very
presumable the same has been done by them through misinformation, and the ig-
norance of those who composed tlie form and stile of these patents that they have
been pleased to sign: For it is not to be doubted but the said King James had
more regard for his father than to pass any deed under his hand contrary to hi*
said father's so express will and pleasure in the above royal letter, if he had been
rightly informed thereanent ; so that I cannot think this to be the real will and inten-
tion of our said sovereign, but the mistake of the formalists, when it is so expressly
narrated in the above-mentioned royal letter granted by King Charles L in favour of
knights baronets, in manner following, viz. " And we ordain, that from time to
" time, as occasion of granting or renewing their patents, or their heirs succeeding
" to the dignity, shall offer, that the said power to them to carry the said ribbon
" and cognizance shall be therein particularly granted and inserted." And, in my
opinion, as no authority that I yet know of is more express and positive, so no
badge that has as yet been made use of is more honourable, fit, and convenient,
to be hereafter granted by the Lord Lyon, and his said brethren, to these knights,
than the above-mentioned ribbon and pendant.

The next and last degree of knighthood with us, is that of knight-batchelors.
These of this degree are the same sort with those that were formerly made such
by holding a certain proportion of land by knight's service, and therefore were
obliged to serve the king in his wars, at their own expence, for the space of forty
days, well and completely arrayed for the war. About the quantity of a knight's
fee there have been various opinions, or rather it has varied according to the times,
being first reckoned at L.20 per annum, and afterwards at L. 40. In Latin a
knight is commonly called miles, a soldier, because they ought to be the prime of
soldiers, though now very few know any thing of it. For as our kings of old did
order their lands and tenements, so as one part they kept and detained in their
own hands, and in them stately houses and castles were erected and made for tiieir
habitation and defence of their persons and of the realm, also forests and parks
were there made for their majesty's recreation ; and another part thereof was given
to the nobles, and others of their chivalry, reserving tenure by knights' service.
And in this manner the nobles also dissipated a great part of their lands to the
gentlemen their followers to hold of them bv knights' service; and because thi*

Vol. IL 3 O

128 EXTERIOR ORNAMENTS.

tenure doth concern service in war, the tenants are therefore called milites mtlitiar :
For though the word doth properly signify a soldier, and yet antiquity hath ap-
propriated that name to the chiefest of military profession, and in all our old
charters they are stiled milites, and never equites, yet so that miles is taken for the
self same that chivalry is. And they also in other places are stiled equites, horse-
men, because they were wont to serve a-horseback ; but that is now the general
denomination of all knights, whereas these we are speaking of are stiled equites
aurati, or knights of the gilt spurs, because they had such given them at their
creation. For this reason, when a knight had committed a capital offence, it was
usual publicly to arm him cap-a-pee, and placed on a high scaffold in the church,
where the priest sung some funeral psalms as though he were dead, and then de-
grade and deprive him of his honour of knighthood, which was done by taking off
his helmet, ungirding his military belt, taking off his sword, and breaking it over
his head, and hewing off his spurs with a hatchet, his gauntlets being also plucked
from him, and the escutcheon of his arms was also reversed. Sir George Mac-
kenzie, in his Science of Heraldry, page 78. tells us. That these who write as law-
yers upon the subject of abatements of arms, do remark, that arms are diminished
or lost, for murder, falsehood, oppression, false witness, and a profligate life, and
that they are many several ways defaced or diminished, such as abrasion, perfora-
tion. But the most ordinary way for treason is by reversing and riving, and which
Far. also observes to be ordinary in case of treason, De crim. les. maj. cap. 16.
which punishment is still in observance by the laws and customs of North Britain;
for when any person is forfeited in parHament, the Lyon, and his brethren heralds,
come in with their coats and formalities, and the Lyon does publicly tear the arms
of the person forfeited ; and if he be a cadet of a family, he says, that the tearing
of these arms openly shall be without prejudice to the nobleman or chief whose
arms these are; after which he and his brethren go to the cross, and there he hangs
up the shield reversed, turning the base or lowest point upwards; which Decian,
tract, dim. lib. 7. cap. 31. asserts to be used in imitation of the old form of hang-
ing traitors by the feet; •

And although this dignity of knighthood had its original, and was given to men
of war and prowess, yet in all successions of ages, and in all nations, the same also
is bestowed on men of peace by the sovereign power to deserving persons, whereby
the service of the commonwealth at home is made equal with that abroad. For as
TuUy saith truly, " Parvi sunt arma foris nisi est concilium domi." But experi-
ence, the faithfullest counsellor, and best mistress, hath made it manifest both in this
modern age, as well as in that of TuUy, that the camp hath bred more eminent
statesmen, and happily as good politicians, as the long robe ; perhaps for this rea-
son, one aims chiefly at glory and honour, which easily attracts admirers and fa-
vourers, the other at riches and indirect negociations, which begets envy and
private enemies.

He that is to receive tiiis dignity of knighthood kneeleth down before the king
of his commissioner, who slightly smiteth or toucheth him upon the shoulder with
his naked sword flatwise, and saith unto him these words in French, Sois Chevalier
au imii de Dieu, or Sis Eques in nomine Dei, Be a knight in the name of God ; and
then adds, " Advance Chevalier, rise Sir A. B. ;" the which honour does not de-
scend to the posterity. For a kniglrt is not made by letters patent, or by the
ki'ig's writ, as those of higher dignity, but by the sword ; for this honour is sup-
posed to be given on the sudden ; and therefore is commonly done by the sword,
(although the king may by his letters patent create a knight as he doth the knights
baronets) which we commonly call dubbing, the old English word used for creat-
ing (consecrating) a knight, from doopen, to dip, by bathing. There is also men-
tion (by Mr Selden) of consecrating the sword, offering it at the altar, and receiv-
ing it again from thence, as an implicit kind of taking an oath. But as in peace
and great leisure these tedious ceremonies were of old used, yet it was otherwise
in times of war, or in a day of battle, where hurry and throng of affairs would not
permit ; and therefore, as well before the joining of battle, as after victory obtain-
ed, it was usual for the prince or general in the field, in sight of the army, to give
those whom he thought tit to advance to that honour, (they hvunhly kneeling be-

EXTERIOR ORNAMENTS. 129

tore him,) a light stroke with a naked sword on the head or shoulder, siiyiug as
above narrated.

Earls in ancient jimes had a power of knighting ; but now neither may the
prince, or any other of the nobility (except those who are advanced to the high
degree of commissioner to parliament) make a knight, but only the king or his said
commissioner, who, during the sederunt of our Parliaments, represented his majesty's
person when absent therefrom in England, or the king's lieutenant-general by his
commission. No man is born a knight with us, as he may be to titles of honour
by patent; and even the eldest sons and apparent heirs-male of all our baronets are
ordained at the age of twenty-one years, to be by his majesty first created or dub-
bed eqiiites aurati, or knights-batchelors, before they take on the title of bavonet ;
yet this they now very often neglect to do, which certainly is an error. Of old,
if a villain was made a knight, he was immediately enfranchised, and if a man of
base birth and condition did strike a knight, he was to lose his hand. And knights
in all foreign countries, says the author of Aiialogia bononan, subjoined to the new
edition of Mr GuUlim's Heraldry, have ever place and precedency according to
their seniority of being knighted, which privilege is denied to noblemen, for
be they never so ancient in foreign countries, they shall go below as puisnes. The
degree of knighthood is not only a dignity and honour to the party, but an honour
to the kingdom : And therefore it hath been an ancient prerogative of the kings
of this realm, at their pleasure, to compel men of worth to take upon them that
degree, upon payment of a fine. But now we see by experience in these days,
that none are compelled thereto, and there is so little belongs to knights now, that
more need not be said of them ; for to search out what was, and has now ceased
to be, is little to the purpose.

By the statute made in England the twenty-fourth year of the reign of King
Henry VIII. cap, 13. entitled, yln Act for Rejormation of Apparel, it was permit-
ted for knights to wear a collar of gold, named the collar of SS, which no doubt
became also customable here. And in regard whereof I judge it no irregularity, but
rather very fit and convenient for all knights-batchelors, as a cognosce and badge
in their armorial bearings, to trim and outwardly adorn their shields of arms with
the said collar.

So much then for placing of collars and badges of knighthood round the es-
cutcheon of arms, forbearing to give a description of these many other orders of
knighthood in Europe, as out of my road, since the situation and position of them in
armories is after the same method as those that I have above described, except a few,
which 1 shall hereafter mention ; yet before I close with the collar, it is not amiss
I give my reader the following observe, that in pristine times none but kings and
princes wore collars ; and therefore their use seems to be of dignity and power, as
is evident from Daniel, where the Assyrian kings used this ornament. After-
wards men famous for wisdom and counsel had them as a distinguishing badge, as
in the example of Joseph, Gen. xli. 42. and from the proclamation of Belshazzav
King of Babylon, who proposed it as a premium to him that would interpret the
hand-writing upon the wall, Daniel, v. 7. And men famous for military achieve-
ments had it conferred upon them, in recompense of their merits ; thus collars
wereof the number of the dona et prcemia mUitaria among the Romans, and the
honour of receiving them thought worthy to be consigned to posterity in marble
inscriptions. From them the latter emperors received it, and we read of investing
a Knight of the Holy Sepulchre with a collar at his creation ; where, as soon as
the ceremony of his ordination is over, the Padre guardian kisses the new made
knight, and puts about his neck (according to the mode of the ancients) a golden
collar, with a cross hanging at it. Most aptly therefore have the sovereigns of mi-
litary orders annexed this ornament of the collar to their habit, and conferred it on
the fellows and companions who have meritoriously deserved it, in respect of their
wisdom or valour. There were other ensigns of knighthood that could not go
round the shield, which shall be taken notice of afterwards.

I shall next a little insist on other figures made use of in adorning arms exteri-
orly, by surrounding the armorial shield, which by the by were never esteemed to
be particular marks of dignity, but only ornaments of the escutcheon, such as the
ardelier, laqs cC amcur, and garlands.

!3Q

EXTERIOR ORNAMENTS.

And ftrst, As to the cordelier, it is a cord of many running knots, which Monsieur
Baron says is an adornment only proper for wives or married women to use round
their arms ; and agani the said author, in his Art of Heraldry, p. 194. describes
the same thus, Conleiihe, qui entoure fecusson des femmes, or scutum funiculo variis
iw.ilicato nodis cinctum, in varios funiculo implexum modos.

It hath its rise from that cord used by St Francis about his body ; and Francis
Duke of Bretagne, for the devotion and reverence he had to this saint, placed
such a cord of that fashion round the escutcheon of his arms. And upon the
same respect, Francis I. King of France placed such another round the diadem of
that saint for his device, with this motto, Plus qu' autre, that is, more than any.
By which it seems he would have said, that he reverenced St Francis, whose name
he carried, more than any saint. And without .doubt this was (says Menestrier)
the chief reason which moved him to change the old form of the collar of St Mich-
ael to a twisted one like the cordelier. And at this day several prelates of the
Order of St Francis make use of the cordelier to surround their arms.

That which brought it in use chiefly amongst women was the great affection Anne
of Bretagne, Qiieen to Charles VIII. King of France had to it, in imitation of her
father Francis Duke of Bretagne ; she used always a cordelier round her arms, de- .
vices, and crown ; and her daughter Madam Claudia of France, who was married
to Francis I. King of France, did the same ; and Louisa of Savoy, and other great
ladies, did so far imitate them therein, that the practice of placing the cordelier
round arms became frequent with all ladies of quality ; and being a pretty device
or rebus for widows, made it more generally frequent, to show that they have corps
delie, that is, their body free and untied ; the rebus proceeding from the pronun-
ciation of corps dilie, or cordelier.

Secondly, As to the love -knot, or laqs d' amour, as it is in figure very like the
cordelier, so it is only made use of by women, in surrounding or adorning out-
wardly their arms, for Monsieur Baron, in his Art of Heraldry, page 204. narrates,
that " Laqs d' amour, qui entourent les armoiries des veuves &- des fiUes ;" or,
" Nodi amatorii scuta circumdantes."

Before the use of the cordelier, the most part of arms, as well of women as men,
were svirrounded with garlands of leaves and flowers, as the Grecians and Romans
adorned their statutes with ; and they were these garlands (says Menestrier) which
they called stemtnata. In many old illuminate books of arms that I have perused are to
be seen sundry armorial bearings so trimmed as to have garlands surrounding the
escutcheon : And in old pieces of painting, in many places with us, I have ob-
served the hke practice. The last instance hereof that I met with were these of
the arms of the surname of Laing, which I saw surrounded with a garland in the
mansion-house of Redhouse in East Lothian.

In imitation of these garlands and chaplets, those in religious orders, as well men
as women, placed round their arms crowns or wreaths of thorns, to show that their
profession was a state of austerities and mortification, and sometimes placed chap-
lets oi pater nosters, to manifest their devotion.

Anciently there was another ornament, which I observe environed shields of
arms, particularly to be met with on seals formed by three semi-circles, like a tre-
foil, or by four, and many times a great many more, like to a rose united together
by their points. This ornament had its rise from the reverse of old seals or private
seals, where the shield of arms was placed as it were upon a rose, the emblem of
secrecy, being most beautiful, when least opened or spread, for which to keep any
saying secret, they say, sub rosa. And in foreign books of heraldry, I have seen
several figures of the whole achievements of sundry princes and dukes abroad, trim-
med all within an ornament of eight semi-circles.

And afterwards, and in imitation of these semi-circles Joined together like to a
rose round the shield, came (in succeeding ages) the custom and practice of placing
the collars of knighthood about the escutcheon, and other badges of honour that
could surround it, as chains of gold, ribbons, &c. Of which before.

As for the other ensigns of knighthood that could not go round the shield, and
which I promised to speak to, they were either placed below the shield, as that of
the order of the crescent or half-moon, instituted by Rene of Anjou, brother and
heir to Lewis III. King of Naples, in the year 1464, who settled the sovereignty

EXTERIOR ORNAMENTS.

'31

thereof upon himself and his heirs, Dukes of Anjou and Kings of Sicily. The
badge or device of the order was a crescent of gold, on which tliis word los was
enamelled in red letters : It imported, los en croissant, that is, praise by in-
creasing; this the knights wore on the right side of their cloaks or upper gar-
ments, and in their armoiies placed the same below their escutcheons ; and to this
crescent were fastened as many tags of gold enamelled with red, as the knight
that wore it had been present at battles, sieges of towns, and such like memorable,
actions. But this order is now extinct; for princes of small power cannot lix these
honours so strongly as those of greater might ; besides, the irlouse of Anjou never
had quiet possession of Naples or Sicily, but were still expelled as fast as they came
ill ; so that the order could not subsist, when the crown tailed upon which it was
founded.

Others again place the badge within the shield, as those of the Order of St John
of Jerusalem, Knights of Malta, or Knights Hospitallers of St John of Jerusalem.
Before the taking oi Jerusalem from the Saracens, certain Christian merchants
of Naples obtained leave from the Caliph of Egypt to erect a small and convenient
house for entertainment of themselves and countrymen, which they built before
the church of the Holy Sepulchre, together with a small oratory ; to them repair-
ed certain canons of the Order of St Augustine, who built another oratory, and to
distinguish them from the Knights of the Holy Sepulchre, they took the black
habit of the Hermits of St Augustine. Jerusalem being afterwards taken by the
Christians, Baldwin I. of the name. King of Jerusalem, created them Knights of
St John of Jerusalem, to entertain and lodge pilgrims to defend the Holy Land ;
as also for tliat they took St John Baptist for their patron they obtained tiiat title.
It was instituted, says Ashmole, anno 1092, others say, anno 1099, by Gerard a
native of Thoulouse, who came to Jerusalem in the time of Godfrey of Boulogne,
and built this hospital, which became the first seat of this order, and dedicated it to
St John of Cyprus, Bishop of Alexandria, commonly called Joannes Elemosynarius,
and the said King Baldwin I. conferred on them large privileges, permitting them
arms, and instituting them to be knights, anno 1104, their duty being to fight
against the infidels, being first obedient to the Patriarch of Jerusalem. Pope Ge-
lasius II. or Calixtus II. anno 1120, confirmed their rule of living ; and after popes
received them under the protection of the papal bce, and endowed them with ample
privileges, exempting them from payment of tithes, St-c: on the breast of their ha-
bit (being black) they wore at first a plain cross of white cloth, which afterwards
was changed to one with eight points, to represent the eight beatitudes ; but in
war they used a red cassock, bearing the white cross upon it : and in their ban-
ners or ensigns they wore a crimson or red coat of arms with the said white cross
upon it ; but in their monasteries they wore the black garment only. To Gerard
succeeded Raymond, who enlarged their laws and institutions, and was stiled
Raimundus Dei gratia servus pauperum Jesii Christi et custos hospitalis Jerusalymi-
tani ; but afterwards he and his successors had the title of Great Master of the Or-
der given tliem, to denote their power and authority. When they were driven
out of Palestine they removed into Cyprus, and anno 1309, to the Isle of Rhodes;
out of which being expelled by Soljman the Magnificent, Emperor of the Turks,
anno 1522, they removed from one place to another, till at last by the munificence
of Charles V. anno 1530, they were settled in Malta. At this day their Great
Master has the title of Prince of Malta and Goza ; Tripoli and Goxa were granted
to them in fee by the Emperor Charles V. anno 1530, under the tender of one
falcon yearly to the Viceroy of Sicily. Among his privileges he seals in lead, as
does the Pope and Doge of Venice ; he acknowledges the Pope for his head, and
the King of Spain and Sicily for his patron, or for their protectors. In this isle
they continue a bulwark to those parts, and from this their settlement are called
Knights of Malta. None are admitted to this order but such as can bring a testi-
mony of their gentility for six descents ; when the Great Master dies, they sutler
no vessel to go out of the island till another is chosen, lest the Pope should inter-
fere in their election, who being chosen, is stiled the Mo^t Illustrious and Most Re-
verend Prince, the Lord Frier N. N. Great Master of the Hospital of St John of
Jerusalem, Prince of Malta, Gaules, and Goza. These knights are in number one
thousand, of whom five hundred are always to be resident in the island, the other

Vol. II. 3 E

132 EXTERIOR ORNAMENTS.

five hundred are dispersed through Christendom at their several seminaries in-Spain-;
Germany, Italy, and France, and at any summons are to make then- personal ap-
pearance ; these seminaries (called by them Alberges) are seven in number, one of
Castile, one of Arragon, one of Germany, one of Italy, one of France in general;
one of Auvergne, one of Provence, over every one of which they have a Grand
Prior, who in the country where he liveth is of great reputation ; an eighth semi-
nary they had m England, till the suppression of it by King Henry VIII. yet they
have some one or other to whom they give still the title of Grand Prior of Eng-
land ; they had at one time in several parts of Christendom no fewer than 20,000
manors. The knights of this order bear gules, a cross argent.

The Lord Prior ot this Order in England was accounted the prime baron in the
realm, and some here had also the addition of Great, and was stiled Prior Hospita-
lis Sti Johannis Jerusalem in Anglia, and by that title was he summoned to the
Parliament as a iDaron of that kingdom, and at length, tor place and precedency,
was ranked the first baron ; the Knights Templars were suppressed by Pope Cle-
ment V. about the year 1310, and their lands were (by a general council held at
Vienna) conferred on the knights of the Order of St John of Jerusalem, called
fonnnites, after knights of Rhodes, and now knights of Malta. These Knights.
Templars and their successors, the said knights of St John, they had only one
house or manor here in Scotland, which was the Hospital of St Germains in Lo-
thian ; but this house was dissolved anno 1494, and the greatest part of its re-
venues was, by King James IV. conferred upon the King's College of Aberdeen,
then newly founded by William Elphingston, Bishop of Aberdeen. Torphichen, in
the shire of Mid-Lothian, did also belong to the knights of this Order of St J&hn ;
and Mr Crawfurd, in his Peerage of Scotland, page 86. tells us, that Sir Walter Lind-
say, (a son of the Lord Lindsay) Preceptor of Torphichen, was Lord St John in the
reign of King James V. And again, ihid. page 479, Sir James Sandilands, the first
Lord Torphichen, being a young man of good parts, and bred a scholar, was, by
the said Sir Walter Lindsay Lord St John recommended to the Great Master of
the Order of the Knights of Malta, as a person well qualified to be his successor in
the preceptory of Torphichen. And Mr Sandiland's travelling into those parts^
and having resided for some years at the Isle of Malta, he gave such proofs of his
learning and sufficiency for the discharge of that function, that he was with all
the necessary forms received by the Grand Prior of the Hospital and his chapter, to
be one of the knights of that ancient military order, and inaugurated future suc-
cessor to the said Sir Walter Lindsay, by whose death, in the year 1543, he was
fully invested in the title, power, and jurisdiction of Lord St John of Jerusalem in
Scotland, and succeeded in the possession of the revenue thereof, vdiich was very
great, and spread through the whole kingdom ; so that it is hereby apparent we
had our Prior Hospitalis Sti. Johannis Jerusalem in Scotia, as well as they had in
England, and by that title sat he in our Parliaments as a lord or baron of the
kingdom. But at the Reformation here in Scotland, the said Lord St John re-
nounced popery, and embraced the protestant religion ; and having resigned the
lordship of St John in the hands of Qiieen Mary, her highness was graciously
pleased, in consideration of Sir James's great merit and services, to grant and
dispone heritably to him, his heirs and assignees, the foresaid lordship and pre-
ceptory of Torphichen, for the sum of ten thousand crowns of the sun, which he
presently paid down, besides an yearly annuity of five hundred merks, which was
then erected into the lordship of Torphichen, by a charter under the Great Seal,
dated the 24th of January 1563.

The third and last way of placing badges of knighthood in armories is behind
the shield, a practice used by the Knights of the Order of Avis in Portugal.
Don Alphonso Henriquez, first King of Portugal, took from the Moors, ^/;/?o Dom.
1 147, the city of Evora, and, to strengthen it, sent thither several gallant com-
manders, who assumed the title of Knights of St iSIary of Evora, putting themselves
under the protection of our blessed lady ; and not long after they were called d"Avis,
from a castle upon the Portuguese frontiers conquered from the Moors, whither
they transplanted themselves. It was confirmed by Pope Innocent III. A. D. 1204,
under the rule of St Benedict, and therefore in some papal rules called of St Be-
nedict d'Avis. The knights profess conjugal chastity and obedience; anno 1213,

EXTERIOR ORNAMENTS. 1,33

they submitted themselves to the rule, statutes, and visitation of the Order of Cala-
tiava. But in the time of John of Portugal (natural son to Pedro K-ing of Porta-
gal) VII. Great Master d'Avis, they cast otf their acknowledgment to Calatrava,
and never after submitted to thejn; and afterwards when the crown of Portugal
fell into the hands of Philip II. King of Spain, this order was governed according
to the statutes of Portugal. They must be gentlemen by extraction, both of the
father's and m.other's side. This order still subsists, and carry for theu' badge a
green cross fleury, such as the knights of Alcantara used to wear. And in
their arms, place the said cross pale-ways behind the middle of their armorial
shields.

But to come to a close of this chapter, I shall only observe, that at present
it is ordinary for persons of quality, especially women, to place two branches of
palm-tree at the sides of their arms, and this ornament is the symbol of con-
jugal love, v.hich the ancients did represent by the male and female palm-
tiee.

CHAP. xn.

OF THE CajWARTiMENT. -

THE compartment is that figure upon which the shield and supporters usually
stand or rest, and very frequently therein is inserted the name and desig-
nation of the bearer, and when the person carries more mottos or epigraphs than
one, if any of them relate to the supporters or arms, then they are commonly and
most properly placed on the compartment below ; but if the same is entirely re-
lative to the crest, the same most regularly ought always to be placed in an escrol
above it.

The compartment is of no fixed form in heraldry, neither by our practice at
home, nor yet abroad; for sometimes, and that very frequently, it is formed like
an escrol in order to contain more aptly a second motto ; and at other times it is
formed like an oblong oval, wherein either to insert the motto or designation of the
person to whom the arms belong : and seeing there is no stated rule hereanent in
the Science of Heraldry, it is now customarily drawn after whatever form the
painters or engravers of armorial achievements think best and fittest, and which,
they commonly embellish with various flourishes, foldeshes, and running .leaves,
in order to adorn their work and performance. But as the compartment is neither
a proper nor regular piece of armory, so neither can I say that it is very ancient ;
for upon old seals there is no such thing to be seen. And in those ages when
shields of arms w ere represented couche, there was no compartment needful ; for
they hung always by the left corner, and the supporters belonging thereto com-
monly stood on the sides of the shield, and it is to be observed did not support the
same as the practice now is, but only supported the casque or hebnet placed on the
top thereof.

In later times, when shields of arms were erect and supported, then there was
subjoined a compartment for them to stand and rest upon, which, in old paintings,
were ordinarily formed like to terraces or pieces of green land with hills and
turrets appearing, with flowers and trees growing out of them for the greater or-
nament of the figure, as may be yet seen in some of our old illuminated books
of arms ; and the like practice is also to be seen on some ancient seals. And iiere-
upon our learned countryman. Sir George Mackenzie, in his Science of Heraldry,
page 95. took occasion to say, that though none have offered to conjecture what
gave the first occasion to compartments in heraldry, yet I conceive (says he) that
the compartment represents the bearers' lands and territories, though sometimes
they are bestowed in recompense of some honourable action. And for an example
to prove this assertion, he gives us an instance of the earls of Douglas who got
the privilege of having their supporters to stand within a pale of wood wreathed,
because the Lord Douglas, in the reign of King Robert the Bruce, did defeat the
English in Jedburgh Forest, and that they might not escape, caused wreath and

134 EXTERIOR ORNAMENTS.

impale in the night that part of the wood by which he conjectui'ed they might
make their escape.

I am much of the opinion with this great man, that such compartments repre-
sented the bearer's lands and territories, and that the said wreathed pale of wood,
is still used by that noble family to perpetuate that memorable action of the Dou-
glas above mentioned; and which opmion will be the more confirmed by the prac-
tice of this ancient house who were proprietors of Jedburgh Forest, as by their
charters with their seals appended to two of them, which 1 shall here mention,
(though I narrated the same before in my blazon of the arms of the family) and de-
scribe according as I saw them in the custody of our late curious antiquary Mr
David Simpson.

William, the first Earl of Douglas and Earl of Marr, by marrying the heiress
thereof grants a charter of the lands of Easter Foulis in the earldom of Marr and
shire of Aberdeen, to James Montcalto, i.e. Mowat, dated at the Castle of Kil-
drumy, the 12th of July 1377, to which was appended his seal, whereon is the
arms of Douglas and Marr, quarterly, within a shield couche, supported by one
lion, with his head in the helmet, sitting on a compartment like to a rising ground,
with a tree growing out of it, and seme of hearts, mollets, and cross croslets, the
armorial figures of this earl's arms, to show, very probably, that this compartment
represented his lands and tenitories.

The other was the charter of his grandson, James Douglas, the second Earl of An-
gus, of the lands of Stukerland in the sheriffdom of Perth, granted by him to Ro-
bert Imrie or Ymbrie, dated at Tamtallan the bth of May 1434; on this earl's seal
hereto appended on a shield couche, is quarterly, first, a lion rampant ; second, the
arms of Douglas ; third, the arms of Stewart of Bonkill and Angus ; and, the
fourth, the arms of Abernethy timbred with an helmet and capehne ; and, for
crest, a plume of feathers, supported on the right side by a deer, and, on the left,,
by a woman in a rich habit, both standing on the shield and holding the helmet,
which the woman does by the capeline ; and the whole achievement is surrounded
with a pale of wood wreathed, such as that now used by his successor the Duke of
Douglas, as a compartment under his armorial bearing, and on the outer circle of
this seal are these words, Sig, Jacobi Comitis Anguisia Bom. de Abernethie 'iiS Jed-
worth Jorest.

It is probable these compartments of the Douglases do represent and perpetuate
the one their feus, and the other a noble action of one of their family; yet 1 have
not met with any other arms of our ancient and noble families with such special
compartments, though some do represent pieces of ground for their noble feus, as
on the seals of the Earls of Crawford, and the Lords of Hamilton, now dukes, as in
Sir George Mackenzie's Science of Heraldry, page 95. where he hath given us two
figures cut on copper, one of the seal of James Lord Hamilton, the other that of
David de Lindsay, Earl of Crawford, both of whose shields of arms are couche,
their supporters bearing up the helmet according to the custom of that age, and
both standing on a terrace as a compartment thereto ; and several other old seals I
have seen trimmed after this method; and especially this practice is to be met with
in many illuminated books of blazons; but 1 have observed none of them strewed
with any armorial figures (which certainly is the best method to be used for appro-
priating" them to particular famihes) like that of William, first Earl of Douglas, I,
just now mentioned. And, except these instances, I meet with no other examples
with us, save that of the noble family of Drummond Earls of Perth, whose com-
partment, as the former, is represented by a green hill, seme of caltrapes, which,
with the motto of the family, viz. gang warily, is a pretty device. And the an-
cient family of M'Farlane, the chief of that nan'ie, carrieth in their armorial achieve-
ments a particular compartment, wavey (whereon their supporters stand) in repre-
sentation of Lochsloy, being a place in the Arrochar where this clan generally ren-
dezvous themselves before a battle, and on the said compartment have also the
word Lochsloy, which is the M'Farlane's cri de guerre or slughorn ; as also Ogilvie
of Innerquharity hath his arms trimmed and cut (in the Plates of Achievements
subjoined to the First Volume of this my System of Heraldry) with another par-
ticular compartment, to wit, the representation of a green hill or rising terrace, on
which is placed two serpents nowed, spouting out fire, proper, and thereon his sup-

EXTERIOR ORN AMEN'i'y . 135

porters doth stand, and below the same, within the said terrace, is this motto, Ter-
rena pericula sperno, which is a very good device. In the English books of he-
raldry I meet with no nobleman or gentleman that carry in their armorial bearings
particular compartments.

And yet I am still of opinion tluit compartments, of whatsoever form they be,
are none of the proper parts of the achievement accounted for by any herald that
1 have met with, foreign or domestic; yet I see nothing against the usage of them,
but that they may for a decorament be used by all those families who have right
to carry arms, and particularly families who have for a long time possessed an-
cient baronies may place them on compartments to represent their feus, and may
also have the same seme of their armorial figures, if they be agreeable to such a
disposition.

As for the figures of creatures placed under the achievements, they cannot pro-
perly be called compartments, but rather devices, as I have shown before. And
their position in arn\ories is ordinarily by placing them sometimes at the sides of
the shield, or below the same, and may be used by any noble or ancient family
that hath right to adorn and support their arms. As for the salamander in flames,
proper, which the ancient family of Dundas of that Ilk carry below their arms,
and the hart's head cabossed, which Sir George Mackenzie, in his Science of He-
raldry, page 88. places below the shield of the coat of Denham of old, which he
there hath caused to be cut so, no doubt from an ancient seal or piece of painting-
he hath seen ; and the blazing star which Captain Robert Seaton places also be-
low his shield, with the motto Luceo boreale, I esteem them only but devices, and
are very far from the use and nature of a compartment in my opinion. And the
wild man lying in chains under the escutcheon of Robertson of Struan, which has
been carried by this ancient family for a long time, to perpetuate a dutiful and
loyal action performed by one of their predecessors in apprehending one of the mur-
derers of King James I. cannot be rightly called a compartment, but more pro-
perly an honourable supporter. For as I have shown before that the achievements
of the greatest families in Europe have had but one supporter of old, and particularly
amongst ourselves, which I could demonstrate by many examples from old seals,
so I have also seen the royal arms of Scotland itself represented in several places
v.'ith only one supporter; and, to confirm this, upon the Nether-Bow steeple in Edin-
burgh, they may be yet perceived cut in stone, just standing upon the back of
an unicorn, in like manner as Struan's armorial shield do upon the said wild
man.

Neither have I met with any special compartments upon which the achieve-
ments of sovereign princes do stand, at home or abroad, taken notice of by any
herald. And even these of the kings of Scotland and England are commonly
formed much after the common ones used by their nobles, except only that they
have frequently this difference, that out from them there issueth the badges of
their dominions, viz. the thistle for Scotland, and the rose for England. The royal
achievement of France is placed by some upon such a compartment, and by
others on that of different forms as they think most fit and proper. And Mon-
sieur Baron, in his U Art Heraldique, places it upon a plain cheque of square pieces
of marble, azure and argent, on the first a flower-de-luce, and on the second the
letter L, ensigned with an imperial crown. And the same author places the
achievements of Phihppe de France Due d'Orleans, and Monsieur Le Due de
Roquelaure, upon a plain piece of ground, as it were, without any figure upon it,
like unto these compartments which I have called terraces with us. And the
other achievements he gives us figures of in his said book have no compartments
at all, because they have no supporters to stand upon the same ; which, in my
opinion, is the only fit method I can think on for the usage of compartments in
armories, and in the best foreign herald books that I have perused: when the
figures of armorial achievements therein are cut with supporters, they are generally
placed standing on a terrace, and when they have no supporters, I observe they
have no compartm.ents at all.

Which naturally leads me to suggest, that another probable reason anent the
original of the usage of terrace compartments in armories, hath presumably taken
its rise from which tournaments and joustings, to which none were admitted but those

Vol. n. 3 Q^

t36

EXTERIOR ORNAMENTS.

who were truly noble, or gentle by father's and mother's side, and who were obliged
to expose their armorial bearings, as proofs of their noble and gentle extraction,
which they at first adorned with helmet, crest, motto, mantling, and wreath, be-
fore the exercise began ; so afterwards, according to Menestrier and other French
writers, began from thence the rise and progressive use of supporters. The knights
nobles, qualified for such exercises, had tlieir arms hung up on the barrier-trees,
commonly in the open fields, near to the place of jousting, which were attended
by their armour-bearer and esquires, to the end they might acquaint their masters
what knight gave them a challenge to fight, which was done by touching the
shield. And the said Menestrier further tells us, that these knights put their ar-
mour-bearers, pages, and servants, in such dresses as they fancied, making them
sometimes appear like Savages, Saracens, Moors, &-c. and sometimes under disguise,
clothed with the skins of lions, bears, &c. to guard their shields of arms, and to
give an account of the names and arms of those who give the challenge by touch-
ing the shields of their masters. And the fields whereon these servants stood for
guarding of their masters' arms, thus hung up, might induce limners and painters,
that had occasion to see the same, to form from the life such figures and represen-
tations thereof, with a view of the adjacent ground and field whereon these sup-
porters stood, and arms hung, so as to introduce the practice of trimming, support-
ed shields of arms with terrrace compartments. And John Slezer, in his Theatrmn
Scotia, hath caused cut several of our nobilitys' arms that he hath made dedica-
tions to therein, trimmed with rising terrace compartments, for their supporters to
stand upon; yet the book, Jetc (T armories des soverains ci? estats cT Europe, in which
are the prints and figures of all the achievements of the princes of Europe, hath
none of them upon compartments, but two or three, and these upon very ordinary
ones; so that, as I have said before, compartments depend much upon the fancy
of the workman, as to their form and figure, for supporters to stand and rest upon,
as will evidently appear from the great variety of compartments in the sculptures
to be met with in the several treatises of heraldry, both at home and abroad.

I have added this chapter of compartments, which some may think might have
been omitted, in respect no herald before me hath taken notice of them as any
part of this science ; yet from what I have narrated and seen thereanent from seals
and old paintings, the usage of compartments I have made appear to be an ancient
practice, especially with us and the French, which frees me from an objection of
having omitted to speak and treat on some part and figure now in use for adorning
of armorial achievements, which I think I have now almost completed. And shall
next proceed to put the whole armorial trimmings, that make up a complete coat
of arms, particularly of the highest ranks of nobility, under a manteaux and canopy,
and the arms of the inferior ranks under cloaks or mantles; and then come to a
close of the exterior ornaments now and of old made use of in adorning and beau-
tifying the armorial shield.

CHAP. XIII.

OF MANTEAUXES AND PAVILIONS.

HAVING now fully already treated of all the sorts of figures and symbols
made use of exteriorly in armories, to accomplish and complete the ar-
morial achievements of those of the inferior and high ranks of nobility, I shall here
leave those of the first degree, under cloaks and mantles, and these of the last de-
gree, under manteauxes and pavilions, wliich being the utmost embellishments of
armories I now treat on, I shall conclude this my System on the Exterior Orna-
ments in the Science of Heraldry therewith.

The rise and original of the usage of manteauxes and pavilions in armories, as
the other exterior ornaments of the shield, are supposed by the most judicious
heralds to have their beginning from the ceremonials of tournaments and jou^tings.
Where it is to be observed, that it was customary for the arms of the combatants
to be exposed to the public view of all beholders for some time before the said ex-
ercise began, and as the conveniency of the place allowed, they were exposed and

EXTERIOR ORNAMENTS.

137

set forth upon military cioaks, carpets, mantles, tents, and pavilions. Whicli, Me-
nestrier says, in old manuscripts of such exercises, were called ensigns, blazons, and
covers of arms. And from a manuscript which he had from Monsieur d'Cange,
they were also called by these names. And he further adds, that the heralds did
cry and advertise the knights to set out their banners, blazons, and houses iVecti,
or ensigns of arms, that the tournaments might be orderly. And, as 1 observed
before, (when treating on supporters) of the piece of a formula of a challenge to u
tournament, (out of Segar) given by the French to the English, it is there insert,
that their shields of arms were to be hung up some days before the accomplish-
ment of the said exercise upon their pavilions.

It is probable then, that in the places and nations where arms were most in re-
quest, that there the embellishments of them had their rise, and came to be placed
on the most glorious ornaments, both of men and women, the same being ensigns,
not only of acquired, but also of hereditary honour, as is evident by the practice
of all civilized nations, in representing the greatest persons, men or women, dead
or alive in their most noble habits with their arms. As for instance, the ingeni-
ous Mr Sandford, in his Genealogical History of the Kings of England, gives us
the effigies of Eleanor, wife to Edward Duke of Somerset, who was slain in the
battle of St Alban's, in the year 1455, as represented in the window of the Col-
legiate Church of Warwick on painted glass, with her mantle embroidered with
the arms of her husband the duke, and on her kirtle, or under-habit, these of her
own family, from which he makes an observe, from a general practice, that where-
ever a woman is carved, cut out, or painted with a mantle or kirtle of arms, that
these on the mantle are the arms of the husband, and these on the kirtle are the
wife's paternal ones, and backs or supports it with this reason, that the husband's
arms on the upper garment are as a cloak and mantle to shroud the wife from
all violence, and these of her own, on her kirtle, or under garment, as being under
covert.

The said author likewise gives us another instance, which seems to contradict
his former observe, yet more agreeable to the present.forms of manteauxes with
armorial arms on the foldings, and which is an ancient example of this practice,
viz. in the 322d page of his said History, he gives us a figure of Anne Neville, the
wife of Humphrey Earl of Stafford, which he has there caused cut as it stood painted
on the window of the Cathedral Church of Litchfield, having on her upper gar-
ment, or mantle, the arms of her paternal family, being that of Neville, and no
arms on her kirtle; but the arms of her husband Humphrey Earl of Stafford i^
placed on the lining of her mantle, which, being turned back, represents (says he)
an exact impalement of the arms of Staff ^rd and Neville.

He gives us another instance on the tomb which Charles Somerset Earl of Wor-
cester caused erect for himself, (who lived in the reign of King Henry VIII. or
England) and his first wife Elizabeth Herbert, daughter and heir of William Her-
bert Earl of Huntingdon, and Lord Herbert of Gower, in the Royal Chapel of
Windsor, where his portraiture is represented apparelled in the habit of a Knight of
the Order of St George, and his wife's in that of a countess, having her kirtle em-
broidered with her paternal arms, and on the mantle the arms of her husband.
In several of our old illuminate books of arms here in Scotland I have seen figures
of the portraitures of several of our kmgs and queens, and some of the ladies ot
our higher nobility, before the reign of Q^ieen Mary, depicted thereon, the men
having their armorial bearings placed in a shield over their head, and the women
having on their kirtles the arms of their husbands impaled with their own, by
which it would appear that we had the like practice of old here in Scotland, as
well as in England ; and presumably, through the ignorance of our then herald-
painters in drawing these efSgies in their books, without upper garments or mantles,
where their husband's paternal arms ought to have been placed, they have im-
paled them together on their kirtles to make up this escape.

Monsieur Hosier, in his Genealogy of the Signieurs of Labour, speaking of Lewis
de Combauld, who had followed the Constable of Bourbon in his wars, and being
close at his side when he was killed in the scaling of Rome, in the year 1527,
covered the bcJy of that prince with his coat of armour, which he threw ofl to
hide the body of the prince from the soldiers, lest the prince's death should dis-

J 38 EXTERIOR ORNAMENTS.

courage them from the attack, which afterwards they accomplished xvith victory,
by the prudence of the said Lewis, who, to perpetuate his presence of mind in that
iuncture, and his brave conduct, had atter this his shield of arms enveloped with
his surcoat, and, for motto, above it, these words, Ubi riu-l ibifcl. And Menestner
doth also narrate the same passage.

Let these instances 1 have given be sufficient for the ancient practice of placing
shields of arms on cloaks, mantles, or manteauxes, and surcoats. I next proceed
to consider these with their form used in latter times, as practised and represented
by our modern heralds in their books of blazons, of which I met with three rash-
ions of manteauxes or mantles, as they are pleased to call them ; the first are these
that are trussed up on both sides square like a curtain, such as these figures Richard
Blome hath given us in his Anulogia Honorum subjoined to Mr Guillmi's firth edi-
tion of his Display of Heraldry, viz. in the arms of Edward Viscount of Conway,
and in several of the achievements of the barons of England, which is placed above
their supporters in place of the ordinary practice ot running leaves ; and in arms
without supporters, gives us figures of such mantles that surround the whole shield
and helmet, except the crest and wreath, which stand without the same, several ex-
amples whereof he gives us, to wit, in the arms of Sir Wolstan Dixie of Bosworth, Sir
Philip Matthews of Edmonton, Sir John Osborne of Chicksands, and divers others,
both knights and esquires.

The second fashion or form of mantles are figured, hanging down around the
.shield and helmet in many plaits and foldings, like to a cloak or gown, when
hanging about one's shoulders, which Sylvester Petra Sancta calls chlamys, wnbella,
or palliolum. Several examples hereof the said Mr Blome hath given us in his said
Treatise of Honour and Nobility, particularly in his cuts of the arms of Sir Ed-
mond Bacon of Redgi-ave, Sir John Wittewronge of Rothamsted, Sir Robert Jason
of Broad-Somerford, Sir John Shaw of Eltham, Sir Stephen White of Hackney,
Francis Dives of Brumham, Anthony Rowe of St Martin's, and a great many
more, both knights and esquires. And our learned countryman Sir George Mack-
enzie, in his Science of Heraldry, page 88. hath given us a figure of such a like
mantle surrounding the arms of the surname of Denhara of old, which he calls an
antique mantling.

Now, as these two fashions of mantles are chiefly given by the British heralds to
those of the inferior rank of nobility, though the said Mr Blome hath also more
irregularly trimmed several of the noble peers of England with such mantles about
their helmets, (as may be seen by the many figures he hath given us cut in copper
in his forecited book) so it will appear, that the French practice seems to be the
same ; for Menestrier tells us, that these mantles serve as an ornament to such fa-
milies, who have no title of dignity, and that their first rise was from tournaments,
and were anciently used by persons of quality, especially ladies, (as I observed be-
fore) who, as is yet to be seen on several ancient tombs or funeral monuments,
are represented in cloaks or mantles, with their husbands' arms upon them, and
on their under-garments or kirtles, with these of their own families ; which prac-
tice is frequent in the German armorial bearings, and in those of Naples, as saith
Menestrier.

The tinctures of these cloaks or mantles are with foreigners the same with the
tinctures of their arms; but with us in Britain they are red, doubled with white.
Sylvester Petra Sancta, in the 8oth chapter of his book de Pallio et Tentorio in
umbrante gentilitias tesseras, gives us two cloaks, (such as that I last narrated from
the cuts in Mr Blome's Treatise) one of them with a ducal escutcheon placed upon
it, which he calls Chlamydem sm umbellam, qua circumvolvitur icon gentilitia duntax-
at ducum et principum. And this mantle is doubled with ermine, and is fit for those
(says he) of the high degree of nobility. The other mantle he gives us is with-
out ermine, and tells us the same is fit for commanders and captains of soldiers to
use.

The third and most honourable sort of manteauxes, now used both in France and

Britain, are more round in their figure than the former I have mentioned, and are

doubled with ermine, which envelope or go round the escutcheon : and upon the

foldings or skirts of these mantles are frequently embroidered the arms of the own-

2

EXTERIOR ORNAMENTi,. 139

ers, that when they are brought over the escutcheon and meet, the embroidereil
arms are entire as on the escutcheon within.

Menestrier says, that the first use of this mantle, or manteaux, is not above 150
years since ; and the first of them he met with was that one which surrounds the
arms of the Duke of Lorrain in the AUemagne armorial, and he calls such ones ducal
7ncin!eauxL-s, because none but princes, dukes, and peers of France used them, as
also cardinal princes and cardinal dukes; and tells us, that Cardinal George Duke
de Armagnac, Legate of Avignon, had his arms placed on such a manteaux in
the year 1583. And Cardinal Richelieu and Cardinal Mazarine had their arms so
adorned.

The use of these manteauxes or mantles is but late in England ; and the firss
figures of them I have met with in the herald books of that kingdom, are to be
found in the said Mr Blome's ^inalogia Hoimriim, subjoined to Mr Guillim's fifth
edition of his Display of Heraldry, folio, London 1679, an example whereof he
therein gives us, done on copperplate, surrounding the armorial achievements of
Henry Pierrepont Marquis of Dorchester. And in other English herald books 1
have seen figures of the achievements of Henry Somerset Marquis of "Worcester,
Heneage Fuich Earl of Winchelsea, and John Lord Bellasyse Baron of Worlaby
trimmed with the like mantles. But the first practice of these mantles I met with
in Scotland, was that of the armorial bearing of Charles Earl of Lauderdale, which
was trimmed so at London, and cut on a copperplate, in imitation of these I have
before mentioned, which in figure are all done in the like method and form as 1
caused cut on copper the achievements of James Duke of Hamilton, which is
placed before my dedication to him of my First Volume of this System of Heraldry.
But though the English, by the above examples, allow this mantle to be assumed,
and carried by all degrees of their high nobility, yet this custom being not so prac-
tised by other nations, in my opinion none but dukes, marquisses and earls ought
to have their arms trimmed with such mantles, and none under these degrees of
nobility ought to assume the same, till at least the practice hereof be more uni-
versally used abroad. For this mantle is ordinarily named a comital mantle, and
therefore it is irregular for lower nobility, that have not advanced to the degree of
Earl, to trim their achievements with comital mantles. As also it is to be obser-
ved, that anciently the coronets of earls were after the same shape and form with
those of the degree of dukes, as was also their other ensigns of honour; and besides,
this form of mantle is particularly allowed by a general practice to all of the degree
of earl.

The first appearance of this manteaux, or mantle, on funeral escutcheons with vfi
in North Britain, was on that of the Right Honourable John Dalziel Earl of Carn-
wath, who died at Edinburgh, and was interred at the Abbey of Holyroodhouse.
in the year 1702, a nobleman of good learning, and well known in this science of
heraldry. And the next I observed was on the funeral escutcheon of the last
George Earl of Winton Lord Seaton, the blazon whereof I subjoin as follows.

Quarterly first and fourth or, three crescents within a double tressure, flowered
and counter-flowered with flower-de-luces ^«/(fj-, for the surname or Seaton ; second
and third azure, three garbs or, for the earldom of Buchan, over all an escutcheon
parted per pale, first gules, a sword in pale proper, hiked and pommelled or, sup-
porting an imperial crown within a double tressure flowered and counter-flowered
with flower-de-luces of the last as a coat of concession, second, azure a. blazing star
argent, within a double tressure, flowered and counter-flowered with flower-de-luces
or, as a coat of augmentation assumed by Robert, first Earl of Winton : which es-
cutcheon is timbred with crown, helmet, and volets befitting his quality ; and on
the helmet, in place of a wreath, is set a ducal coronet, and thereupon, for crest, is
placed a dragon vert, spouting out fire before and behind, proper, charged on the
wing thereof with a blazing star argent, and on the fire, out of the mouth of the
dragon, are the words Sett-on, and above, on an escrol, for motto, these words,
Hazard zit forivard : supporters two martins proper collared, or, and charged with
crescents gules, and to the collar are chains affixed passing between their fore legs,
and reflexing over their backs, and on an escrol (coming from behind the sides
of the shield, and over the middle of the supporters) this epigraph. In via virtuti
vitia nulla, and below, on the compartment, is inscribed this motto, Irtaminatisful-

VoL.n. 3R

140 EXTERIOR ORNAMENTS.

get honoribus. Behind the shield are placed two battons saltier-ways ^tt/i?j-, seme of
thistles, ensigned with imperial crowns or, and topped witli the same crown, as
the particular badge of the king's master-household ; all which are placed upon a
comital manteaux gules, doubled ermine, fringed or, and upon the upper laps of
the manteaux the foresaid arms. At the four corners of the achievement are placed
as many devices of the family in roundels, the uppermost on the right side, being
or, a crescent, increscent, and decrescent interlaced gules, and out of the crescent
issueth a sword, proper, hiked and pommelled or, supporting an imperial crown
proper, and on the circle going round this device these words. In adversity pa-
tience, in prosperity benevolence. The second upper device on the left is almost the
same with the former, only hath a garb in place of the sword ensigned also with
an imperial crown, and the third as the second, and the fourth as the first, and
round the foresaid achievement and devices were placed siKteen escutcheons of
noble families, with their respective coronets, as the proofs of the said Earl's nobi-
lity paternal and maternal.

But to return, Menestrier tells us, that the presidents of the several parliaments
in France, in imitation of the peers of that kingdom, are in use to place their
arms also on their mantles, which they wear with their other robes in parliaments,
and all solemnities, being scarlet doubled with a grey fur. But then it is to be
observed, that the skirts or foldings of these mantles of theirs are not embroidered
with their particular arms, in like manner as these of the dukes and peers in France,
and with us, are now accustomed to trim their achievements, yet they have placed
down on the left side of their mantles a gold galloon as a mark of knighthood,
which is always affixed to the office.

I shall next proceed to speak anent the pavilion or canopy, and then have done.
Pavilion is in the nature of a tent or tabernacle, being three different names for
the same thing, as derived from several languages ; they were the chief habitations
of the ancient patriarchs in the first ages of the word, as may be seen in Gen.
xii. 8. And such is the manner of the Tartars at this day ; some of them have no
towns or villages to inhabit, but the open and champaign fields, after the manner of
the Scythians. And JVIr Guillim tells us, that since tents have been laid aside for
habitation, they have been rtiade use of for armies during the campaign, and came
afterwards to be used in heraldry. And the family of Tenton in England bears
sable a cheveron between three tents argent. But the word pavilion is borrowed
from the French, and pavilions, as we generally represent them, are round at the
top, and sometimes borne in coat-armour, as may be seen in the bearing of the
Co.npany of Merchant-Taylors of London, whose arms are argent, a tent-royal be-
tween two parliament-robes gules, lined ermine, on a chief azure, a lion passant
gardant, or. Yet the noblest instance of a paviHon is, that sometimes the achieve-
ment stands within a royal pavilion, as that of the Emperor and King of France ;
this Sylvester Petra Sancta calls tentorium, and is, as he observes, competent only
to princes, though all princes use them not. But I admire why the Kings of
England did not assume as well the pavilion as the arms of France, seeing that is
one of the special honours of that kingdom. And Monsieur Baron, in his Art of
Heraldry, calls this royal pavilion Augustale Tabernaculum Regium scuti Tentorium.
The figure of this pavilion or canopy has two principal parts, the combel and cur-
tains ; the first is the hat or cover, with rays going along the top, and at the bot-
tom thereof tassels hanging down ; the second are the tapestry of curtains, which
are lined with ermine, and these hang down from the combel, and which last, be-
ing the curtains without the combel, may be allowed to environ or envelope the
achievements of elective and feuditary kings and princes, according to the opinion
of some heralds; and none but sovereign princes can place their achievements un-
der a pavilion, covered with a combel. That of the King of France is ordinarily
given us under a royal pavilion, whose blazon thereof, according to Monsieur
Baron in his r Art Heraldique, page 120, I shall here subjoin as follows in his own'
words :

" D'azur a trois fleurs-de-hs d'or deux, en chef &. unen pointe; I'ecu timbre d'un
" casque d'or, ouvert, place de front, assorte de ses lambrequins des emaux, son
" blason, &. surmonte' de la couronne imperiale Francoise ; environne des colliers
" des Ordres du Saint Esprit et de Saint Michel ; tenli par deux anges vetus en

EXTERIOR ORNAMENTS.

141

" Lfevites, tenans cliaciin une bannier &- ayant leiirs dalmatiqucs, cliarge's du
" mesme blason ; le tout place sous un grand pavilion seme de France &■ double
" d'hermine?, son comble rayonne d'or & somme de la couronne imperiale Fran^oisc,
" garni d'un lleur-de-lis a quatre angles, qui est le cimier de France. Le cri dc
" guerre est Montjoyc S. Dennis : ce saint extant le patron &- I'apostie de la,
" F" ranee; le susdit pavilion attache a roritlame du royaume, qui est surnionte de
" la devise ; lilia mn laborant neqiii; nent, laquelle est tiree de I'cloge que le Fils de
" Dieu donne aux lis dans I'Ecriture, lui faisant faire allusion ;i la loi Salique, qui
" exclude le lilies de la Royaute."

riie blazon in English thus ; azure, three flower-de-luces or, 1 and i ; the
shield is tinibred with a golden helmet, standing direct forward, and open in the
face, adorned with lambiequins of the tinctures of the arms, and ensigned with
the imperial crown of France ; the shield is environed with the collars of ihc
Orders of the Holy Ghost and St Michael; supporters two angels, proper, in daU
matic habits, charged with the same figures, each holding a banner, ail under a
pavilion seme of France, doubled ermine ; the combel bemg of rays of gold, is en-
signed with the imperial crown of France, and it again topped with four flower-de-
luces, the crest of that nation ; on an escrol the cry of war, Montjoie St Dennis ;
behind the pavilion is placed the royal banner or oriflame of France, and over all,
on an escrol, the device ot France, Lilia nan laborant ncque nent ; which is drawn
from the words of the Son of God, spoken in the Scripture of the Ulies, making an
allusion to the Salique law, which excludes women from succeeding to the sove-
reignty of France. The foresaid Monsieur Baron and others place the royal arms
of France on a compartment, which they mention not in their blazons as we do ;
they make it represent a pavement cheque, of four tracts, argent and azure on the
first, the letter L ensigned with an imperial crown, and on the second a flower-de-
luce or.

As for the antiquity of the pavilion of France, Menestrier tells us, That Philip
de Valois had it on his seals and coins of gold, for which they were called pavi-
lions ; and that Philip Moreau was the first contriver of the royal pavilion ;
he likewise tells us. That he has seen the arms of Cardinal Charles of Bourbon,
which were supported with lions, and a crosier of an archbishop behind the
shield (which was not crowned) under a pavilion seme of the cyphers of his name,
surmounted of a cardinal's hat, and the curtains of the pavilion are drawn by, to
let the arms be seen, by two arms, with manuples over them, holding flaming
swords.

The kings of Denmark, Portugal, and the Duke of Savoy, as King of Cyprus,
have had their achievements under pavilions. It is thought strange that the kings
of England did not assume the pavilion of France as well as their arms, nor used
another of their own. Our sovereigns, equal in dignity with the greatest in
Europe, have never been in use to place their arms under a pavilion, so far as 1
can learn, who, for their antiquity and long succession of 112 kings, and for their
ancient use of their fixed armorial ensigns, may justly claim precedency of all
the crowned heads in Europe and their armorial bearings, which have been altered
and changed by others conquering them, and succession of strangers, to which
abitements and mutations our sovereign ensigns were never subject, but always
hereditary and entire, ; which from age to age have been adorned with all the
marks of greatness then in use and since, do justly merit all the embellishments
of honour that can be invented to adorn arms ; therefore, if placed under a pavi-
lion, may be blazoned thus.

The royal achievement or sovereign ensign armorial of the kingdom of Scot-
land, or, a lion rampant j^u/fj-, armed and langued azure, within a double tressure,
counter-flowered with flower-de-luces of the second, timbred with a helmet stand-
ing direct forward with bars or, adorned with lambrequins or, doubled ermine,
and ensigned with the imperial crown of Scotland, and thereon, for crest, a lion
seiant, full-faced gules, crowned or, holding in his right paw a naked sword, proper,
and in the sinister a sceptre or, both erected, and above, on an escrol, for motto.
In defence. The shield is encircled with the colour of the Most Ancient and Most
Noble Order of the Thistle, with the badge thereto appended, of gold enamelled
azure, having the image of St Andrew surmounted of his cro^s argent, and sup -

142

EXTERIOR ORNAMENTS.

ported by two unicorns argent, crowned with imperial and gorged with open
crowns ; to the last chains affixed, passing betwixt their fore legs, and reflected over
their backs or ; he on the dexter embracing and bearing up a banner of cloth of
gold, charged with the royal arms of Scotland ; he on the sinister another banner
azure, charged with a St Andrew's cross argent, standing on a compartment like
a pavement, cheque or and a%ure ; on the first, the armorial figures of Scotland ;
and on the second, the cross of St Andrew, all within a royal pavilion of cloth of
gold, seme of thistles slipped proper, doubled ermine, the combel rayonne, and
adorned with precious stones, and topped with the imperial crown of Scotland,
over all, on an escrol, the device of Scotland, 'Nemo me impune lacesset.

Sylvester Petra Sancta has placed the arms of the Archduke of Austria within a
pavilion.

The Doge of Venice placed above his arms an ombel, like to the gonfannon
of the church of Rome, which was granted to these in that office by Pope Alex-
ander III. when he fled to Venice from the persecution of the Emperor Fre-
derick.

How the several monarchs of Great Britain, since the union of the two crowns,
have compounded and diversified their royal achievements may be seen cut on
copperplate. Volume the First of this Book.

CHAP. XIV.

OF NOBILITY WITH ITS PROOFS, REGULARLY COUNTED AS THEY ARE PLACED ON FUNERAt
ESCUTCHEONS, AND OTHER MONUMENTS OF HONOUR, WITH THE FORMS AND CERE-
MONIES OF FUNERALS AMONG US.

UNDER the name of Nobles are comprehended the Prince, Dukes, Marquisses,
Earls, Viscounts, and Barons. And though our law doth not call any man
noble under the degree of a Baron, yet some distinguish between nobiles majores,
which is from the prince to the baron, and nobiles minores, which includes all
under a baron to the gentleman.

A gentleman of blood is one descended of three descents of nobles, viz,, of name
and arms, both by his father and mother ; for gentility is not perfect in the person
on whom it first devolved, but must be continued and completed by succession.
Thus, among the Romans, though the father was free born, and of the equestrian
cense, yet it was requisite that the grandfather should be the same, otherwise he
could not obtain the ring, which is one of the symbols of the equestrian order, as
Pliny informs us. Gentility then begins in the grandfather, increases in the fa-
ther, and is completed in the son.

The proofs of nobility therefore, of three descents, are reckoned the armorial
ensigns or tesseras of gentility, viz. the grandfather and grandmother on the
father's side, and the grandfather and grandmother on the mother's side, which
are counted thus ; The grandson is first set down, and above him his father and
mother, and above them their fathers and mothers, being the grandfathers and
grandmothers of the first mentioned, who is the gentleman of three descents, as in
the following Table.

The Gentleman of
three descents.

Father.

■ Grandfather.

Grandmother.

[" Grandfather.

Grandmother.

EXTERIOR ORNAMENTS.

H3

These four quarters are marshalled and disposed on the sides of the grandson's
escutcheon, or other monu.nents of honour, as proofs of his nobiUty, and are
called by the Latins, ^lartena. Tessera, vel arguvienta mbilitatis ; but the Ger-
mans and Dutch call tiiem The four Lineages, on account that the son proceeds
from them by four lines ; and we on the same account, though somewhat impro-
perly, call them Brani:hes, for the son is rather a branch of the grandtither's, than
they of him.

Proofs of nobility by four descents make eight quarters, which is counted by
adding a father and mother to every one of the four former; and the number of
eight quarters is ordinarily used by our heralds in funeral escutcheons and other
monuments of honour, in manner following, viz.

The gentleman of
four descents.

Grandfather,

Father's mother.

r Grandfather.

r Great-grandfather.

I >

^ Grandtather's mother.

r Great-grandfather.

4-
I- Grandmother's mother.

r Great-grandfather,

3-
i. Grandfather's mother.

r Great-gi'andfather.

.Mother's mother.

I "^

Grandmother's mother.

.These eight quarters, or proofs of nobility are placed" round the escutcheon or
arms of the great-grandson to show his nobility by four descents ; the paternal
quarters on the right side, and the maternal on the left, which appears more plain
by the following figure.

Vol. U.

3S

J44

EXTERIOR ORNAMENTS.

The arms of the Great-
grandson, noble by four de-
scents, on both father and
mother's sides.

These quarters ought to be regularly placed, as in the foregoing schemes, and!

'lot ignoble, or borrowed from other families,

which are forbidden by the statuM and edicts of several countries, as contrary to

should be genuine and true, an(^ot ignoble, or borrowed from other tamihes,
the laws of heraldry.

Some countries, by their laws and institutions, require, as proofs of complete
nobility, sixteen quarters, which are counted the same way as in the former scheme,
by adding a father and mother to every one of the eight quarters, which may be
multiplied to any number ; some' of our noble families counting their genealogies
from the father and mother's side to tbe number of sixty-four quarters. The
common practice of these proofs with us may be seen on funeral escutcheons,
which 1 shall here describe, wjth their trimmings and other pieces o£ funeral
pomp.

The. funeral escutchean is in form., of a lozenge, about six feet and two inches
square, on black calicoe or silk, with a border of black cloth ; in the middle of:
which is painted the complete achievements of the defunct, with its exterior orna-
ments, and additional marks and badges of honour finely illuminated ; and round
the sides are placed the quarter proofs in the order before described, consisting
sometimes of eight and sometimes of sixteen on both sides, to show that the de-
funct was noble by five descents on both sides ; and on the four corners of the
border are placed four mort-heads, having in the interstices of all these paintings
seme of tears ; a draught, or figure, of which is exemplified in the funeral escutcheon
of the most illustrious prince, John, late Duke of Athol.

The quarters or symbolical proofs of nobility, being coats of arms placed on
the sides of the defunct's achievements, are not timbred with helmet nor cre«t,
though adorned with other marks and dignity, such as coronets, collars of sovereign

i;^ (in;af>r^yki^'>

EXTERIOR ORNAMENTS. 145

knighthoods, or the badges of high offices, which the owners of these quarters did
enjoy.

The escutcheon above described is commonly placed on the fore part of the
house, or above the gate where the deceased lies ; and another of the same form is
fixed in the chiuch or aisle over the place where he is interred ; and above that
escutcheon is an hebnet, wreath, and coronet, suitable to the quality of the de-
cea>ed, covered with a lonse black silk crape.

A lady dying in her iiusband's lifetime has her arms impaled in a formal shield
with those of her husband trimmed with exterior ornaments belonging to his
quality, and may be cottised on the left with the supporter of her paternal fa-
mily.

A widow lady has her paternal arms on a lozenge shield, impaled with those of
her husband's on the right, surrounded with la cordeliere, i. e. a belt or ward
interliced with knots, which the Latins call, C'mgulum laqueatum illustrium matro-
nnrum ; and by the custom of France is allowed to none below knights' wives,
though our heralds give it without distinction to all gentlewomen who have right
to arms.

Which paternal arms may be adorned with her father's supporter and coronet,
or those of her husband, and her proofs of nobility placed round the escutcheon ;
and if she has had two husbands, their arms may be marshalled by way oi parti mi-
coupe on the right, and her own on the left, after this manner.

An unmarried lady or gentlewoman has her paternal arms likewise on a lozenge
shield, surrounded with a laqs d! amour, and cotised with the supporters of her
family, ensigned with a coronet suitable thereto, if descended of high quality ;
and if not, ensigned with a garland of flowers, having her proofs of nobility dis-
po.^ed round her arms as before.

Some heralds have been in use unwarrantably to place the arms of a gentlewoman
under a canopy, with curtains and a combel, vvh'ch is only due to princesses and
illustrious ladies. So much shall serve for the funeral escutcheon, with the arms
and quarter proofs of nobility.

There are other things, besides the lozenge structure or escutcheon above men-
tioned, upon which the arms or quarters of the deceased used to be placed ; such
as the coffin, the canopy or pall of velvet, coaches, horses, and trumpet-banners,
(which are all that are now in use with us) as also other utensils used at fu-
neral solemnities, as guideons, standards, pennons, banners, bannerols, with other

140

EXTERIOR ORNAMENTS.

badges of lionour, viz. the coronet, helmet, crest, sword, surcoat of arms, gauntlet,
spurs, and otner pieces of armour, which, after the mterment, used to be hung up.
on walls or pillais near the grave, as may be seen in most of our churches. And
in other kingdoms they have a repository or case for containmg the cassock or
surcoat of arms, above \vhich is placed the helmet and coronet, supported by the
sword on the side thereof, and below are the gauntlet or spurs. Which repository
is adorned with the paternal and maternal ensigns of the defunct's quarters, called
by the French cabinet d'honneur, or cabinet cC.rmes, and by the Latins armurium
iiuignium, in imitation of the repository used by the Romans for holding their
statues, which were the signs of their nobilicy before the use of arms.

Most of the funeral solemnities still U'^ed in Europe, as well as armorial ensigns,,
are from the customs of the ancient Romans, and seem to represent them, either
in consuming bodies of their dead, with their ensigns of honour, in pompous piles
of lire, or in their custom of interring them in graves, and adorning the places
with them.

Another piece of funeral pomp, is called the fiery chapel, cbapelle ardente, by
the Latins /)j7\7, or capella ardens, being composed of a heap of combustible matter,
artificially set up in the church, after the fashion of a funeral pile ; in the middle of
which, when set in flames, is to be seen a coflin (representing the true one in-
terred) covered with black silk, adorned with crown, sceptre, sword, globe, and
other regalia, with the ensigns of arms of the prince, there consumed ; and this
royal machine of fire is allowed to none but to princes, and was so decided in the
Court of Brabant, 2ist of August 1659.

As for the custom of burying the bodies of princes and great men with their
regalia and ensigns, Quintus Curtius tells. That the grave of Cyrus being opened
by the order of Alexander the Great, there was found his shield, two bows, and a
battle-axe. Chiffletius says. When the grave of Childeric King of France was
opened, there were found by his body, his sword, and other ornaments, with little
pieces of metal formed like flower-de-luces, bis armorial figures, which some said,
represented bees, upon which they ascribe bees for the ancient arms of that king-
dom, by mistake.

In the grot or cave in the church" of St Stephen at Vienna, where the Austrian,
family bury, the body of Albertus was found, with his sword ; upon the hilt were
the arms of Austria Ancient and Modern, and on the blade those of Hapsburg;
though it has been in use to bury some ensigns v/ith the defunct, yet those before
■mentioned were exposed above ground also.

The hanging of churches, houses, and other places with black, upon the
decease of great men, w"as customary with the Romans, who put themselves,
coaches, and chariots, and other utensils, in mourning upon funeral occasions ;
but as Diodor. Sicul. lib. 20. observes. The Carthaginians exceeded them in
their public mournings, for they hung the walls of their city with black,
and sometimes their fleet of ships, upon the death of their chief comman-
ders.

The same formality has continued all Europe over to this time, not only in
putting mournings upon the friends of the deceased, and their utensils, but in
covering the insides of their houses, burying-places, and churches, with black,
some with painting, others with black cloth, and adorning them with the arms and
symbolical quarters of the deceased, and other signs of death, as tears, mort-heads,
and such like.

There is another piece of funeral pomp mentioned by the French, which I
have not heard practised with us, called the funeral belt, zona higiibris, and by
the French le litre, which surrounds burying-places, chapels, and churches with-
out ; and for sovereign princes may be made ol black silk, but for illustrious no-
bility of black cloth, two feet in breadth, adorned with the arms and symbolical
quarters of the deceased. Philibert Monet says, by the laws of France none can
have this mourning-ribbon, or le litre, but those that are great lords, founders, and
patrons of churches. To insist no further of funeral solemnities, now used,
and originally from those of the Romans, I shall put an end with this ob-
serve,

I

EXTERIOR ORNAMENTS. 147

That as arms, as ensigns of nobility, came in place of the statues and images
of the noble Romans, so are they exposed in all sorts of solemnities, as the i\t)-
mans had then- statues, and especially at their funerals, which were carried along
with the deceased, to show his noble descent. Tacitus tells. That twenty images
were carried at the funeral of Manlius, and as many at that of (^nntus ; and speak-
ing of the funeral pomp of Drusus, he says. It was pleasant to biliold the statues
of ^^neas, the first of the Julian family, those of the Albanian kings, next the
Sabinan statues, and then those of the Claudian family, all marching in a
comelv procession. And not to add other instances of carrying these statues a'*
proofs of nobility, from other authors and poets, 1 shall only mention that of
Horace :

Esto beatus, tiinus atque imagines-
Ducunt triumphales tuum.

After the solemnity was over, the image of the defunct was set up before
the door of his house, as we do with the funeral escutcheon of our dead,
for the honour and encouragement of the femily to live nobly and virtu-
ously.

As to what further concerns the funeral solemnities of other nations, we must
refer our reader to their respective historians that treat of these subjects, and shall
conclude this chapter with a description of the funeral solemnities observed at the
interment of the high and potent Prince John Duke of Rothes, Lord High Chan-
cellor of Scotland, the 23d day of August 1681, according as I took the same from
a fine draught and figure thereof, done with China ink^ in four large sheets of
Lombard paper, which proceeded as follows.

First, Two regiments, with the artillery and equipage, marched all before in a
mourning posture : Next followed two conductors with crapes in their hat?, and
black staves over their shoulders ; then the little gumpheon carried upright, which
was of a square figure, and embatded round, carried up by a staff traversing the
middle backward, being- charged with a mort-head, and two shank-bones in saltier,
and, in an escrol above, Memtnto mori, which was borne by a person in a side
mourning cloak and crape ; and on his left side marched another in the same
dress, bearing up another banner of the like form, charged with a sand-glass set
on a pair of wings, with this motto above, Fugit^ bora : Next followed fifty-one
poor men in gown^ and hoods, the first bearing up a banner of a square form,
charged with the duke's arms and coronet within a ducal mantle ; the rest march-
ing two and two, carry up each a like square banner, by a staff traversing the
middle backward, charged with the duke's arms in a shield, ensigned with his co-
ronet : Next, a trumpet mounted on horseback, having the flag of his trumpet
charged with the duke's whole achievement ; after followed a cavalier armed at
all points, also mounted on horseback, and holding up a spear erect, with capari-
sons on his horse : next, the colours of the defunct in a banner borne up by a
gentleman in a mourning-cloak and crape by a staff at one of the ends ; then fol-
lowed the defunct's servants, in number twelve, two and two, in mourning-cloaks
and crapes : Next marched the pencil of honour, which divides in two points at
the end, charged with the duke's whole armoriar bearing ; in another banner the
coat of Abernethy, and in a third the coat of Leslie, each within a laurel garland,
and then followed the standard of honour, charged also with the duke's entire
bearing ; each of these banners are borne up by persons in mourning-cloaks and
crapes, with sta\-es at one of the ends, «nd all of them fringed with the liveries
and colours of the duke : Next marched the horse of war, led by two lacquies
of the defunct bareheaded : Next, two close trumpets in black cloaks and crapes,
the flags of their trumpets charged with the duke's arms ; after marched two pur-
suivants, viz. Bute and Carrick in gowns, with their coats displayed above the same,
and black side-crapes in their hats; then the great gumpheon or mort-head charg-
ed as aforesaid. Next, the coat of Abernethy, surrounded with a laurel in mourn-
ing, and after that the little mourning-standard, divided in two points at the end,
charged with the duke's whole arms ; each of these three banners are borne up by

Vol. n. 3T

I4S EXTERIOR ORNAMENTS.

a staft' at one of the ends, by persons in mourning-cloaks and crapes: Next march-
ed fourteen gentlemen of the defunct's friends, two and two, in side mourning-
cloaks and crapes : Next two pursuivants, viz. Kintyre and Dingwall, in gowns sur-
mounted with their coats displayed, and long crapes in their hats; then followed
the spurs, the gauntlets, the croslet, the targe, the helmet, wreath, and crown, the
sword, each borne upon a spear, by as many gentlemen marching after other in
long black cloaks and crapes ; then the defunct's saddle or pad-horse led by two
lacquies in liveries bareheaded : Next, the late counsellors of Edinburgh in num-
ber twelve ; then the present counsellors thereof, of the like number, in their
robes with crapes in their hats, two and two ; then the four bailies of Edin-
burgh, two and two, in their robes, and battons or white-rods m their hands ;
then followed the sword and mace of the city, carried by persons in gowns, with
caps of permission, the sword erect in pale in the hand of the one, and the mace
over the shoulder of the other ; then followed the Lord Provost of Edinburgh,
walking by himself, clothed in his side robes, with his white rod in his hand;
then the clergy of Edinburgh, two and two, the masters of colleges two and
two, the Principal following alone, and all in their gowns, with crapes : Next,
gentlemen and barons, two and two, in long black cloaks; then the writers to the
signet, two and two, in the like cloaks : then the advocates of session, clerks of
the council and session, and commissaries of Edinburgh, each in their gowns,
marching two and two ; then the macers of session, two and two, in their gowns
bareheaded, with the maces over their shoulders : Next, followed the fourteen
Lords of Session in their govms, two and two ; and after marched the President
by himself in his gown ; then followed the Lord Chancellor's gown, carried in
the two hands of a gentleman in a black cloak ; then the officers of state who
are not noblemen, viz. first the Lord Register, and Lord Justice-Clerk ; then the
Lord Treasurer-Depute with a rod in his hand, and the Lord Advocate, all in
their gowns : Next, followed the barons or lords, two and two, in side mourn-
ing-cloaks; then the bishops, two and two, in their gowns ; then the viscounts,
earls and marquisses, two and two, in side mourning-cloaks : Next, two pursui.
vants, viz. Unicorn and Ormond, in black gowns surcharged with their coats
displayed ; then followed two close trumpets with black cloaks, their trumpets
flagged with the duke's arms : Next marched eight banners, borne up by the fol-
lowing gentlemen walking two and two, viz. the first banner charged with that
of the armorial arms of the Earl of Roxburgh, and borne by Thomas M'Dowall
of Makerston ; the second charged with the arms of the Duke of Antragne, sur-
rounded with the Order of St Michael, borne up by Sir William Hope, brother
to Hopeton ; the third charged with the arms of Hamilton of Evandale, and
borne up by the laird of Gilkercleugh ; the fourth charged with the arms of
the Earl of Tullibardin, borne up by Mungo Haldane of Gleneagles; the fifth charged
Avith the arms of the Earl of Perth, borne up by the laird of Hawthornden ; the
sixth charged with the Duke of Lennox's arms, borne up by Mr William Gordon,
Advocate; the seventh charged with the arms of the Earl of Rothes, borne up by
Sir John Leslie of Newton ; and the eighth and last charged with the arms of
the Earl of Marr, borne up by Sir John Erskine, brother to Alva : all which gen-
tlemen are in black cloaks, and these, with the nobility and others above, had all
black crapes in their hats : Next follows the mourning-horse covered with black
cloth, adorned with the duke's arms, and led by two lacquies bareheaded ; then
marches the great mourning-banner, charged with the duke's whole achievement,
and borne up by the master of Newark in a mourning cloak and crape : Next
follow six heralds walking two and two yi mourning-gowns or cloaks, with their
coats displayed above the same ; the first, viz. Hay herald carrying the arms of
Leslie within a cartouch ; the second, Albany carrying the coat of Abernethy
within the like ; the third, Marchmont carrying the duke's crest, motto and
wreath ; the fourth, Rothsay carrying the duke's helmet, coronet and mantle ;
the fifth, Snowdown carrying the sword; and, the sixth, carrying the target; and
after these heralds follow the domestics of the defunct, viz. first, two chirur-
geons ; and next two secretaries in black cloaks, then two chaplains in their
gowns, and then two doctors of physic inblack cloaks, and next eight lacquies
of the defunct ; all which domestics walked bareheaded ; then follows his

EXTERIOR ORNAMENTS. 149

horse and furniture fitted us for riding of Parliament, led by the duke's gentle-
man of hordes bareheaded in a side black cloak ; then follows the duke's coronet,
witli the cap, carried oa a velvet cushion by a gentleman in a black cloak and
crape ; and next follows the two archbishops in their gowns with crapes ; then
followed the Lord Lyoii in a mourning cloak, with his coat displayed above the
same, carrying before hiiU the escutcheon or lozenge structure, adorned with the
duke^s whole armorial bearing, supported on the dexter hand by Sir Robert Sin-
clair, Baronet, and, on the sinister, by Sir Charles Erskme, Baronet, both in black
cloaks and crapes : Next followed the laird of Mfldrum, as commander in chief of
his majesty's forces, with his batton in his hand, supported on the dexter hand by
Sir Tliomas Moncrieff, as once high treasurer, with a rod in his hand, and, on the
sinister, by the usher, with his mace over his shoulder, all in black cloaks and crapes;
then followed two macers of the privy council in their gowns bareheaded, with
their maces over their shoulders ; then after followed the chancellor's purse and
seal, borne i^p by a gentleman in a black cloak bareheaded, and, on his left-hand,
the chancellor's mace bnrne over tire shoulder of another gentleman bareheaded in
a mourning-cloak: Next followed the pallor the nTort-cloth, adorned with the duke's
arms and these of his relations, as also with mort-heads, tears, and the initial let-
ters of J. D. R. for John Duke of Rothes, ensigned on the top with his ducal co-
ronet ; which pall was borne by these noble relations, viz. the Duke of Hamilton,
the Marquisses of Douglas and Athol, the Earls of Airth, Buchan, Cassilis, Linlith-
gow, Perth, Roxburgh, Queensberry, Tweeddale, and Tarras, the Lords Cardross,
Pitsligo, and Newark ; and the canopy or pale, adorned in the same manner as
the mort-cloth, was supported by the following noblemen's sons, viz. Lord Murray,
Lord Charles Hamilton, Lords Lorn, Keith, Livingston, Glammis, Crichton, Ogil-
vie, Yester, Boyd, Cochran, Inverury, Lord Charles Murray, Lord James Murray,
Masters of Kingston, Forbes, Ross, Balmerino, Burleigh, Melvdl, and Pitsligo, be-
sides several barons, knights, and gentlemen, who attended near the body to assist
and relieve the noblemen in their turns, all in black cloaks and side crapes. The
deep mourners follow next in gowns and hoods, two and two, to the number of
twelve ; the Marquis of Montrose and Earl of Haddington, sons-in-law to the de-
funct, walk first ; and there was ten lords assistants to the chief mourners in black
cloaks, bearing up their trains bareheaded ; and after them follows the defunct's
mourning coach drawn by six horses covered with black, and adorned with mort-
heads, tears, &-C. and led by six lacquies, and a postilion, all in black, the coach-
man having on a black gown : Next succeeds two trumpets and a kettle-drum
mounted on horseback, followed by his majesty's troop of guards, which conclud-
ed the solemnity.

N.B. Roderick Chalmers, Ross herald, and herald- painter in Edinburgh, to whom
we are obliged for the preceding chapter of quarters, proofs of nobility, desired
us to acquaint all persons who shall please to cause make out their genealogical
quarters, proofs of nobility, according to the preceding scheme, that he will mark
them down in his books gratis ; his only design being to prevent mistakes that
may happen when things of that nature are required of him to be done in haste.
— That as he has no advantage in view by doing so, other than the pleasure of
serving those, to whom he has been, or may be obliged, and that when any affair of
that kind is demanded, he may be able, from his registers, to perform it with just-
ticc and exactness ; he therefore expects they will not neglect the opportunity of
do'iig themselves this service ; and to secure their pains from being lost, he is re-
solvr-d to leave all such genealogical accounts, so given in to him, in such a pub-
lic manner at his decease, as shall effectually preserve them for the use of posre ■
rity.

EXTERIOR ORNAMENTS.

CHAP. XV.

OF CAVALCADES AND PUBLIC PROCESSIONS.

FORASMUCH as all cavalcades, royal and public processions, and the solemnities
thereof, have been always committted to the ordering and marshalling of
the Lord Lyon and his brethren heralds, we shall, for the greater embellishment
of this book, and satisfaction of our readers, proceed next to subjoin, from authen-
tic copies, some whereof never before in print, the form and manner of the coro-
nation of our kings, the royal baptism of Henry Prince of Scotland in Stirling
Castle, 30th August 1594, the splendour of the riding of our Parliament at Edin-
burgh, July 25th 1681, as recorded in the Books of Privy Council and Lyon Re-
gisters, the solemn creation of our nobility, demonstrated in the creation of the
Marquisses of Hamilton and Huntly at Holyroodhouse, 17th April 1599, &.c.
whereby a brief view of the greatness and splendour of this kingdom of old will
be made appear ; and shall conclude all with some observes on the office and duty
of our heralds.

THE ANCIENT FORM OF THE CORONATION OF THE KINGS OF SCOTLAND.

In the morning, when the king is in his bed-camber, there cometh to him two
bishops, two abbots, and twenty.four other churchmen, four noblemen, together
with the Constable and Marischal having the battons in their hands, and with them
four or six commissioners of burghs; then the king is brought forth, supported
by the Marisehal and Constable, one on every side, and is brought to another
room, which is the Presence, and is set under a cloth of state that is open, to de-
clare that the king has not yet received the crown, which must be closed after the
coronation.

The kirkmen, nobility, and burghers in order, ask of the king, if he be la\vfal
successor to his father, and be willing to accept the dignity of the crown ? which
they all otTer to his majesty ; then must be reckoned six genealogies to whom he
hath succeeded.

Upon the king's granting to accept, the bishops and all the rest touch the pale,
and cause it to be half covered, and say, God bless you. Sir ; and they all sing,
God bless him tis he did bis forefathers.

Then the Marischal calls in the Lyon King at Arms, who, with his brethren
heralds, and the pursuivants, come in their coats, and sit down before the king,
and there the Marischal is, by the mouth of the Bishop of St Andrew's, to swear
the Lyon, S*-c. who being sworn and crowned with an open crown, and having the
sword and sceptre raised by two of his brethren heialds, they come forth to the
theatre where the king is to be crowned, the bishops, nobility, and burghs' com-
missioners being with him.

The Marischal sayeth to the Lyon, Show the king's pleasure; and he says to the
people. The king is willing to accept the crown.

Then the commissioners say, God bless hiin that should be king; and the people
cry. Bring him to us; God bless him, and us for his cause.

Then the Lyon returns with the bishops. Constable and Marischal, and the
bishops acquaint the king that the people call for him earnestly to accept the
crown, and to be crowned.

Then the Lyon, having his crown on his head, and two heralds the sword and
sceptre, the rest going before, they cry. Here comes the king; and the people an-
swer, God bless him. The bishops go, one on the right, and the other on the left
hand, at his out-coming. The king is in his ordinary apparel, only leaving his
clothes open to the boughts of his arms, and shoulder points, and his cloak about
him. The ?4arischal and Constable carry the robes. Great Seal and,spurs, which
are all laid down upon a taifel, or board, before the king in the church; and then
the bishop is for to preach.

EXTERIOR ORNAMENTS. i .^ r

All the ground betwixt the king's chamber and chapel is covered with blue
cloth, and the churchmen sing and all the people. The king being set on his
throne, the bishop asks at the tour corners of the throne, I strange if they be pleased
to have their king so resting their chief. Thereafter, when they are pleased to have
him, there is sung an anthem, viz. Firmetur mamis tua. Thereafter the king
descends from his throne to the altar, and offering the sword, and cloak, and robes,
and sayeth, Non appnrebis vacuus in conspectu Domini.

Thereafter two piggs of oil are carried by the Lyon, the one he giveth to tlie
Constable, and the other to the Marischal, and they give that to the bishops, who
pour the same on the king's head, one on the one side, and the other on the other
side, and they anoint and oil him in the boughts of his arms, palms of his hands,
and the tops of his shoulders, and other places; and the bishops have their own
prayers and words at his anointing.

Then the Marischal and Constable take up his doublet, and put it on; the Con-
stable and Marischal take up the robes, and give them to the bishops, and they put
them on upon the king ; and at every piece they put on, they sing or say, and pray
like unto this, Indue regem tunica justitia.

When the robes are put on, the Lyon takes off his crown, and lays it down near
the place where the king's crown lies, and coming to the Marischal says these words,
I surrender, and command the king to be crowned, repeating six genealogies of his
descent.

Then the crown is put upon the king's head, and the bishop cries aloud, God
bless the king; and then another cries, God bless the people and the king; and over
again, God bless king and people.

And when the crown is on the king's head, the king promises by oath, taken by
the bishops, to be a loving father to the people, in the words thought good at that
time by the bishops. But now the form of the oath is set down by special act of
Parliament made by King James VI. of blessed memory, in his first Parliament,
cap. 8. Then the Marischal having in his hand the obligatory oath of the people,
goeth to the four nooks of the theatre, reads it to the Lyon, and he cries it out to
the people, who hold up all their hands, and say all Amen.

The Constable takes off the crown, and lays it down before the king, and the
bishops put on the king's coat on him. Then the Lyon, by direction, calleth the roll
of the whole nobility, who coming, sit down upon their knees, and touch the crown,
and say thir words. So may God help me, as I shall support thee; and when they
have done, they all hold up their hands, and say again, / swear, and I hold up my
hand.

■ Then are psalms sung, and trumpets sounded ; the heralds, people, and all cry^
God bless and keep the king.

At the out-going the king gives to be carried before him the crown, sceptre,
sword, and Great Seal, by the Chancellor and other of the nobility, and so they
march furth as they came in, with the Lyon and the re t of his brethren ; tht
Constable and Marischal going behind to hold up and carry the king's train uf lii-^
robes.

The Marischal with his own hands puts on the boots and spurs, and takes them
off again, when the king goes in.

AN EXACT ACCOUNT OF THE BAPTISM OF HENRY PRINCE OF SCOTLAND,

August 30. 1594.

The noble and most potent Prince of Scotland was born in the castle of Stirling
upon Tuesday the 19th day of February 1594. Upon which occasion the king's
majesty sent for the nobles of his land, and to all the capital burghs thereof, to
have their advice, how he should proceed for the due solemnization of his royal
baptism, and what princes he should send to. When they were all compeared,
with great diligence and good will, he proponed unto them, that it was nec-ssary
to direct our ambassadors to France, England, Denmark, Low-Countries, the Duke
of Brunswick his brother-in-law, and to the Duke of Magdeburg, the queen's
majesty's grandfather, and to such other princes as should be thought expedient.

Vol. II. 3 U

J 52 EXTERIOR ORNAMENTS.

Likewise, lie thought the castle of Stirling the most convenient place for the tl-
sidence of this most noble and mighty prince, in respect that he was born there.
As also, it was necessary, that suliicient preparation might be made for the am-
bassadors that should be invited to come, for honour of the crown and country.
And beside all this, because the chapel-royal was ruinous, and too little, concluded,
that the old chapel should be utterly razed, and a new one erected in the bame
place, that should be more large, long, and glorious, to entertam the great number
of strangers expected. These propositions considered at length, they all, with a
free voluntary deliberation, granted unto his majesty the sum of an hundred
thousand pounds money of Scotland. Then were there ambassadors elected to pass
into France, England, Denmark, the Low-Countries, and other places before
mentioned ; who were all dispatched with such expedition, and their legacies took
such wished effect, that first there came two famous men from the King of Den-
raaik, the one Christianus Bernekow, the other Sienio Bille. These came to Leith
the i6th of July. The next day after them came Adamus Crusius, ambassador
for the Duke of Brunswick, and Joachimus Besseuitius, ambassador for the Duke
of Magdeburg, who is grandfather to the noble Princess Anne, by the grace of
God Qiieen of Scotland. Thirdly, the 3d day of August, there came ambassadors
from tae states of Holland and Zealand, the Baron of Braderod, and the Treasurer
of Zealand, called Jacobus Falkius.

There was also a nobleman directed from England, to wit, the Earl of Cumber-
land, who, even when he had prepared himself richly and honourably in all re-
spects for his voyage, to come to Scotland, and divers noblemen and gentlemen
of renown prepared and commanded for his honourable convoy, it pleased God tO'
visit him with sickness, and, in that respect, another nobleman was chosen to supply
his place, which was the Earl of Sussex, &.C. and he, in consideration of his short
and unexpected advertisement, made such diligence in his voyage, and magnifi-
cence for his own person, and honourable convoy, as was thought rare and rich by-
all men : whereby it fell out, that betwixt the sickness of the one nobleman, and
the hasty preparation of the other, the time was so far spent, that the very pre.
fixed days of the baptism were sundry times delayed. And, because the am-
bassador of England was so long a-coming, and the ambassadors of Denmark,
Brunswick, and Magdeburg, were feared to be hindered in their voyage by the
sea, by reason of the near approaching of winter, they desired daily of the king's
majesty, during their remaining in Edinburgh, to have some prefixed day to be
nominate and certainly kept, that immediately thereafter they might be dis-
patched ; which he granted at the last, although he had divers great impediments,
to the contrary. The first was, because the chapel-royal and castle of Stirhng were
not fully complete m all such necessaries as \Vere requisite, although he had the
supply of the greatest number of artificers in the whole country convened there,
of all crafts, for that service, and his majesty's own person daily overseer, with
large and liberal payment. But the chiefest cause was, the long absence of an
ambassador from England, which his majesty greatly respected for many causes :
And, last of all, expecting that some ambassador should l:ave come from France,
which fell not out, as was looked for. But when the ambassador was come from
England to Edinburgh, forthwith his majesty dispatched one of the gentlemen of
his highness's chamber, to request him to repair towards Stirling the next day,
with all possible diligence, (which was the 28ih day of August} because he would
have had the baptism administered the day following. But neither were the pro-
pmes sent by the Q^ieen of England, neitiier her ambassador's own carriages as then
come; therefore the baptism was delayed until the 30th day of August, as ye^hall
liear particularly hereafter.

But, in the mean time, it is to be understood that all these noble ambassadors,
before expressed, were honourably sustained upon the king's majesty's own proper
costs, during the whole time of their residence in Scotland, save only the am-
bassador of England, whose whole expences were defiayed by his sovereign the
Queen of England ; and, because the rest of the ambassadors were repaired to Stir-
ling, by his majesty's direction, long before the coming ol' the English ambassador,
his highness bestowed the time with them in magnific banqueting, revelling, and.'
daily hunting, with great honour.

EXTERIOR ORNAMENTS.

^So

The king's majesty, purposing further to dccore by magnificence this action,
committed the charge thereof to the Eord of Lindores, and Mr Wilham Fowler,
who by their travels, dihgence, and invention, brought it to that perfection, which
the shortness of time and other considerations coidd permit. So they having con-
sulted together, concluded that those exercises that were to be used for decora-
tion of that solemnity were to be divided both in field pastimes, with martial and
heroical exploits, and in household, with rare shows and singular inventions.

The field to be used at two several days; the first to be of three Turks, tliree
Christian Knights of Malta, three Amazons, and three Moors. But by reason of
the absence, or at the least the uncertain presence of the three last gentlemen
who should have sustained these personages, it was thoaglit good that the number
of that mask should consist of nine actors, nine pages, and nine lacquies, which
coming from sundry parts, and at divers times, together with the diversity of their
apparel, should bring some novelty to the beholders.

The place most expedient for this action was the valley, near the castle, which
being prepared for that purpose, both with carrier and scafiold, after the coming
of the queen's majesty, with the honourable and gallant ladies, together with her
honourable ambassadors, the field being beset by the brave yonkars of Edinburgh,
■with their hagbuts, during the whole time of that pastime.

Then three Christians entered the field with sound of trumpet, who were the
King's Majesty, the Earl of Marr, and Thomas Erskine, (Gentleman of his Majesty's
Chamber) who made up this number.

A little after followed three apparelled like Turks, very gorgeously attired ; and
these were the Duke of Lennox, the Lord Home, and Sir Robert Ker of Cessford,
knight.

Last of all came in three Amazons in women's attire, very sumptuously clad ;
and these were the lord of Lindores, the Lord of Buccleugh, and the Abbot of
Holyroodhouse. So all these persons being present, and, at their entry, making
their reverence to the Qj.ieen's Majesty, ambassadors and ladies, having their pages
riding upon their led horse, and on their left arms bearing their masters' impress
or device.

The King's Majesty's was a lion's head with open eyes; which signifieth, after a
mystic and hieroglyphic sense. Fortitude and vi^ilancy. The words were Timcat
%3 primus \S iihimus oibis. The second was a dog's collar, all beset with iron pikes ;
the words were these, Offdiidit iS defendit. The third of that Christian army was
a windmill, with her spokes unmoving, winds unblowing on every side, with these
words, Ni sperat imimta.

The second faction did carry these, a heart half in fire, and half in frost; on the
one part Cupid's torch, and on the other Jupiter's thunder, with these words, lliuc
amor, i/ide metus. The other page, a zodiac, and in thfe same, the moon far op-
posite to the sun, with these words, ^lo remotior liicidior; that is to say, The far-
ther the fairer. The third of this party carried, painted, four coach wheels, the
hindmost following the foremost, and yet nevei- overtaking them, with these v/ords,
^10 rtiajis iiisequor.

The last three pages bare in their targets these impresses following, a crown, an
eye, and a portcullis; tlie crown betokening the power of God, the eye his provi-
dence, and the portcullis his protection ; with these words, which were composed
in anagram, of IValterus Scotus, the Laird of Buccleugh's name, Claustis tutus era.
The second page of this party carried on his targe the portraiture of a hand-
holding an eel by the tail, alluding to the uncertainty of persons or of times, with
these words, Utfrustra, sic patienter. The last was this, a fire in sight of the sun,
burning, and not perceived, with this sentence, Oblector lumine victus.

And every lacquey carrying in his hand his master's lance; they began their
pastime by running at the ring and glove, the laws whereof were these.

First, That all the persons of this pastime compear masked, and in such order as
they come into the field, so to run out all their courses. Secondly, That none use
any other ring but that which is put up, and use no other lance but that which
they have brought for themselves. Thirdly, He that twice touches the ring, or
stirs it, winneth as much as if he carried away the ring. Fourthly, He that lets
bis lanee fall out of his hand is deprived of all the rest of his courses. Fifibly,.

154 EXTERIOR ORNAMENTS.

That every one run with loose reins, and with as much speed as his horse hath.
Sixthly, That none after his race, in uptaking of his horse, lay his lance upoii his
shoulder, under the pain of loss of that which he hath done in his course.
Seventhly, He that carrieth not his lance under his arm loseth his course. Eighthly,
That none until his three courses be ended change his horse, if he be not hurt,
or upon some other consideration moved to change him. These laws being seen
and approved by the actors, the Queen's Majesty signified unto them, that he who
did lun best should have for his reward a fair and rich ring of diamonds: And he
also who on that same side had best fortune in running, he should be acknow-
ledged with another as fair as the first. The proof hereof being made, the vic-
tory fell to the Duke of Lennox, who bringing it to his side and party had the
praise and prize adjudged to himself. Thus the first day's pastime was ended,
with great contentment to the beholders, and commendation of the persons enter-
prisers.

The second day's pastime was extended, by reason that the artisans were em-
ployed in other business, who should have followed forth that invention given
them : And seeing the grace of that exercise consisted in embossery, and the
craftsmen apt for the same otherwise and necessarily busied, it was left off; which,
if it had been brought to effect, this country had not seen, nor practised a more
rare : For what by the bravery and strange apparel of the persons themselves, and
by the divers shapes of the beasts that should have been borne and brought there in
sight, had been commendable and wonderful : By reason that such beasts, as lion,
elephant, hart, unicorn, and the griffin ; together with the camel, hydre, croco-
dile and dragon, (carrying their riders) had carried also with it, by the newness of
that invention, great contentment and commendation of that exercise. But, 1 say,
some arismg lets impeshed this invention ; and all things were cast off that might
have farther decored this solemnity, through other urgent occasions.

And when all the ambassadors were convened together, and all necessary mate-
rials ready, the chapel-royal of the Castle of Stirling was richly hung with costly
tapestries : and at the north-east end of the same a royal seat of estate prepared
for the king's majesty ; and on his right hand was set a fair wide chair, witir the
due ornaments pertaining thereto, over which was set the arms of the King of
France.

Next thereto was a princely traverse of crimson taffeta, for the ambassador of
England, and over bis head the arms of England. On the desk before him lay a
cushion of red velvet : there stood attending on him two gentlemen-ushers, ap-
pointed by the Qiieen of England for that present service.

Next unto him sat Mr Robert Bowes, Ambassador Ordinary for the Queen of
England. On the desk before him was laid a cloth of purple velvet, and cushion
suitable thereunto.

Then sat the ambassador of the. noble prince Henricus Julius, Duke of Bruns-
wick, and befi-'re him on the desk was laid a cloth of green velvet, with a cushion
of the same ; and over his head the arms of his prince.

Next unto him sat the ambassadors of the Low-Countries, with a long fair cloth
spread on the desk before them of blue velvet, and two cushions suitable thereun-
to, and over their heads tlig arms of their countries.

On the king's left hand was placed nearest his majesty the two ambassadors of
Denmark, with a large broad cloth spread on the desk before them of purple vel-
vet, and the arms of Denmark over their heads.

Next unto them sat the ambassador of the noble prince Udalricus, Duke of Mag-
deburg, with his prince's arms over his head.

In the midst of the chapel-royal, within the partition, where the king's majesty,
the ambassadors, and prince, with his convoy, were placed, there was a new pul-
pit erected ; the same was richly hung with cloth of gold : all the pavement with-
in this partition was prince-like laid with fine tapestry.

Under the pulpit was another desk, wherein sat in the midst Mr David Cuning-
ham, Bishop of Aberdeen, Mr David Lindsay, Minister of Leith, and John Dun-
canson, one of the ordinary ministers to the king's majesty ; before whom was set
a table covered with yellow velvet.

And when all things were in readiness, as was requisite, there was placed a hun-

3

EXTERIOR ORNAMENTS^. 15-5

Jred hagbutteers (being only the yonkers of Edinburgh, bravely apparelled) in
order, betwixt the prince's outer chamber door, and the entry to the chapel-royal,
on both the sides of the passage.

Then the king's majesty, with his nobles and counsellors attending on him, en-
tered the chape], and there sat down 111 his royal seat of state.

All the ambassadors likewise were sent for, and conveyed to the prince's cham-
ber of presence, where the prince was lying on his bed of state, richly decored,
and wrought with broidered work, containing the story of Hercules and his tra-
vels.

This bed was erected on a platform, very artificially, with a foot-pace of three
degrees ascending to it ; the degrees being covered with tapestry, all wrought with
gold, and a large cloth of lawn covering both the bed and the degrees, which,
reached forth a great space over the floor.

Then the old Countess of Marr with reverence past to the bed, she took up the
prince, and delivered hmi to the Duks of Lennox, who presently rendered hin\
likewise to the ambassador of England, to be borne to the chapel-royal.

The Master of the Ceremonies addressing himself to a table in the said cham-
ber, curiously ordered, whereon stood those ornaments of honour which were to
be borne to the chapel before the prince, with due reverence delivered them to
certain noblemen, according to the order appointed by his IVIajesty for the bearing
thereof.

In like manner, the prince's robe-royal, being of purple velvet, very richly set
with pearl, was delivered to the Duke of Lennox, who put the same about the
prince, the train whereof was borne up by the Lord Sinclair and the Lord Ur-
quhart. Then they removed themselves to the outer chamber, where there was a
fair high pall made four-square of crimson velvet attending, which was laid on
with rich pasements, and fringed with gold. This i^all was sustained by four wor-
shipful barons, the Laird of Buccleugh, the Constable of Dundee, Sir Robert Kerr
of Cessford, knight, and the Laird of Traquair ; under the which pale were the
ambassadors of England, Robert Earl of Sussex, carrying the prince in his arms,
and Mr Robert Bowes, ordinary ambassador for England, assisting him. Next to
them was the Duke of Lennox. About the pale were the ambassadors of Den-
mark, Magdeburg, Brunswick, and the Estates. There followed the old Countess
of Marr, Mrs Bowes, divers ladies of honour, with the mistress nurse.

Then the trumpets sounding melodiously before, the prince and his convoy
went forward, Lyon King at Arms, and the heralds his brethren, with their coat-
armours in goodly order following.

Next followed the prince's honours, borne by these noblemen ; the Lord Semple
carrying a laver of water ; the Lord Seaton a fair bason ; the Lord Livingston a
towel, and the Lord Home a low crown, competent for a duke, richly set with
diamonds, sapphires, rubies, and emeralds ; who approaching near the pulpit, where
these honours were received from them by the Master of the Ceremonies, and by
him placed on the table before the pulpit, the noblemen retiring back to their ap*
pointed places.

Lastly, The pall was carried in before the pulpit, where the ambassador of Eng-
land rendered the prince to the Duke of Lennox, who immediately delivered him
to the old Countess of Marr, and she consequently to the mistress nurse; and all
the ambassadors were then set in such order of places, as the demonstration of their
armories gave notice.

Without the partition were ornate forms all covered with green, whereupon
were placed the gentlemen of England, Denmark, Allemagne, Flanders, and Scot-
land. And as all men were thus competently placed, and universal silence made,
entered Mr Patrick Galloway, one of his Majesty's ordinary preachers, into the
pulpit, who learnedly and godly entreated upon the text of the 21st of Genesis.
Which being done, the Bishop of Aberdeen stood up in his seat, and taught upon
the sacrament of baptism, first in the vulgar tongue, and next in the Latin, to the
end all men might generally understand. This done, the provost and prebends of
the chapel-royal did sing the 21st psalm of David, according to the art of music,
to the great delectation of the noble auditory.

Then they proceeded to the action. The King arose and came towards the

Vol. II. 3 X

^5^

EXTEiaOR ORNAMENTS.

pulpit. The ambassadors followed in their order. The barons that carried the
pall above the prhice moved towards the pulpit: The Duke of Lennox received
the prince from the Countess of Marr, and delivered him to the hands of the Earl
of Sussex, ambassador for England, where he was named by all their consents, Frcde-
derick Henry, Henry Frederick, and' so baptized in the name of the lather, Son,
and Holy Ghost, by the said names.

This being done, Lyon King at Amis, with a loud voice, repeats these names
thrice over ; and then after him, the rest of his brethren heralds, with trumpets
sounding, confirmed the same.

Then the King's Majesty, ambassadors, and all removing to their places, the
English ambassador alone, withdrawing himself on the one side, was met and at-
tended on by two grooms, who humbly on their knees, the one presenting a large
rich bason, the other a suitable laver, replete with sweet water, wherewith the
ambassador washed ; a gentleman sewer, with humble reverence, presenting him
a fair towel, wherewith he dried his hands, and so forthwith returned to his place.

This being done, the bishop ascended to the pulpit, where, after that he had de-
livered in verse a certain praise and commendation of the prince, then he convert-
ed the rest of his Latin oration in prose to the ambassadors, every one in particu-
lar, beginning at the ambassador of England, and so continuing with the rest ;
wherein he made mention of the chronology of each of these princes, and recited
the proximity and nea-ness of blood that they had with Scotland : Concluding his
oration with exhortation and thanksgiving to God for that good occasion and pros-
perous assembly.

In conclusion, the blessing being given, Lyon King at Arms cried with a loud
voice, G(jd save Frederick Henry, and Henry Frederick, by the grace of God, Prince
of Scotland. The rest of the heralds proclaimed the same at an open window of
the chapel-royal with sound of trumpet.

Then the king, the prince, the ambassadors, the nobles, and ladies of honour,
retired forth of the chapel in such order as they entered, and repaired towards
the king's hall. During their passage, the cannons of the Castle roared, that there-
with the earth trembled, and other smaller shot made their harmony after their
kind.

In the king's hall the Duke of Lennox received the prince from the ambassador
of England, and presented him to the King's Majesty, v^ho addubbed him knight.
He was touched with the spur by the Earl of Marr. Thereafter, the King's Ma-
jesty presented a ducal crown on his head, and then was proclaimed by Lyon King
at Arms, The PJght F.xcellent, High and Mngnanime Frederick Henry, Henry Frede-
rick, by the grace of God, Knight and Baron of Renfrew, Lord of the Isles, Earl of
Carrick, Duke of Rothsay, Prince and Great Steward of Scotland.

These words were repeated by the heralds with a loud voice at an open window
f)f the hall.

Then the prince was carried by the ambassador of England to his own chamber
of presence, where the most rich and rare propines were there presented.

Also, there were certain barons and gentlemen addubbed knights, whose names
do follow in order as they were proclaimed. And first their oath.

THE OATH OF A KNIGHT.

I. T Shall fortify and defend the true Christian Religion, and Christ's holy evan-
_!_ gel, now presently preached within this realm, to the utmost of my power.
" 2. I shall be loyal and true to my sovereign Lord the King's Majesty, to all
orders of chivalry, and to the noble Office of Arms.

" 3. I shall fortify and defend justice at my power, and that without favour or
fead.

" 4. I shall never flee from my sovereign Lord the King's Majesty, nor from
his highness's lieutenants in time of mellay and battle.
" 5. I shall defend my native realm from all alieners and strangers.
" 6. I s all defend the just action and quarrel of all ladies of honour, of all true
and friendless widows, of orphans, and of maidens of good fame.

EXTERIOR ORNAMENTS. i57

•■ 7. I shall do diligence wheresoever I hear there are any murderers, traitors, and
" masterful reavers, that oppress the King's lieges, and poor people, to bring them
" to the law at my power.

" 8. I shall maintain and uphold the noble estate of chivah-y, with horse, har-
" ness, and other knightly abuhments, and shall help and succour them of tha
" same order at my power, if they have need.

" 9. I shall enquire and seek to have the knowledge and understanding of all
" the articles and pomts contained m the book of chivalry.

" All these premisses to observe, keep, and fidlil, I oblesse me. So help me,
" ray God, by my own hand. So help me God," &-c.

Sir William Stewart of Houston, Knight.

Sir Robert Bruce of Clackmanan, Knight.

Sir John Boswell of Balmuto, Knight.

Sir John Shaw of Sauchie, Knight.

Sir John Murray of Ethilston, Knight.

Sir William Monteith of Kerse, Knight.

Sir Alexander Eraser of Fraserburgh, Knight.

Sir John Lindsay of Dunrod, Knight.

Sir George Livingston of Ogilface, Knight.

Sir James Forrester Torwoodhead, Knight.

Sir Andrew Balfour of Strathour, Knight.

Sir Walter Dundas of Over-NewUston, Knight.

Sir John Boswell of Glassmount, Knight.

Sir George Elphingston of Blythwood, Knight.

Sir William Livingston of Darnchester, Knight.

Sir David Meldrum of Newhall, Knight.

These names were proclaimed upon the terrace of the fore front of the castle,
with sound of trumpets ; and great quantity of divers species of gold and money
cast over amongst the people.

These things being accomplished, the king and queen's majesties, with the
ambassadors, addressed themselves to the banquet in the great hall, about eight
of the clock at night ; then came Lyon King at arms, with his brethren the
heralds, entered the hall before the king and queen's meat, the trumpets
sounding melodiously before them, with these noblemen bearing office for the
present.

The Earl of Marr, Great Master Household.
The Lord Fleming, Great Master Usher.

The Earl of Montrose, Carver t

The Earl of Glencairn, Cupper > for the King's Majesty.

The Earl of Orkney, Sewer 3

The Lord Seaton, Carver T

Tiie Lord Home, Cupper > for the Queen's Majesty.

The Lord Sample, Sewer J

This dehcate banquet being ordered with great abundance, the king, queen,
and ambassadors, were placed all at one table, being formed of three parts, after
a geometrical figure, in such sort that every one might have a full sight of tlie
other.

The king and queen's majesties were placed in the midst of the table, and on
the king's right hand were set the English ambassadors, the Earl of Sussex and
Ml Robert Bowes. Next them sat the ambassador from the Duke of Brunswick,
ar-r' h ' ambassador from the Duke of Magdeburg.

On the king's left hand, next to the queen's majesty, sat the ambassador of

i58 EXTERIOR ORNAMENTS.

Denmark, and ambassadors from the states of Holland and Zealand : betwixt every
one of their seats was left a good space.

On the east and west side of the hall were placed two very long tables, where
were set certain noblemen, ladies of honour, and counsellors of Scotland, and with
them the noblemen and gentlemen of England, Denmark, AUemagne, and Flanders.
And betwixt every nobleman and gentleman stranger, was placed a lady of honour
or gentlewoman.

Now, being thus in a very honourable and comely order set ; and after a while,
having well refreshed themselves with the first service, which was very sumptuous,
there came into tlie sight of them all a blackmoor, drawing, as it seemed to the
beholders, a triumphal chariot, (and before it the melodious noise of trumpets and
hautboys) which chariot entered the hall. The motion of the whole frame,
(which was twelve feet long and seven feet broad) was so artificial within itself,
that it appeared to be drawn in only by the strength of a Moor, who was very
richly attired ; his traces were great chains of pure gold.

Upon this chariot was finely and artifacially devised a sumptuous covered table,
decked with all sorts of exquisite delicates and dainties, of patisserie, fruitages, and
confections.

About the table were placed six gallant dames, who represented a silent comedy ;
three of them clothed in argentme satin, and three in crimson satin : All these six
garments were enriched with togue and tinsel of pure gold and silver, every one of
them having a crown or garland on their heads, very richly decked with feathers,
pearls, and jewels, upon their loose hair, in antica forma.

In the first front stood dame Ceres, with a sickle in her right hand, and a hand-
ful of corn in the other, and upon the outermost part of her thigh was written
this sentence, Fundent uberes omnia campi, which is to say, the plenteous fields shall
afford all thmgs.

Over against Ceres stood Fecundity, with some bushes of chesbols, which, un-
der an hieroglyphic sense, representeth broodings, with this device, Fcelix prole
diviim, and on the other side of her habit, Crescant in mille. The first importing
that this country is blessed by the child of the goddess, and the second alluding
to the king and queen's majesties, that their generations may grov/ into thou-
sands.

Next, on the other side, was placed Faith, having in her hands a bason, and in
the same two hands joined together, with this sentence, Boni alumna conjugii. The
fortress and nurse of a blessed marriage.

Over against Faith stood Concord, with a golden tasse in her left hand, and the
horn of abundance in her right hand, with this sentence. Plena heant te numina sinir.
The heavenly powers do bless thee with a full bosom.

The next place was occupied by Liberality, who having in her right hand two
crowns, and in her left two sceptres, with this device. Me comite plura quam dabis
ficcipies ; that is to say. Having me thy follower thou shalt receive more than
thou shalt give.

And the last was Perseverance, having in her right hand a staft', and on her left
shoulder an anchor, with this device. Nee diibiiv res mutabunt, nee secundce, Neither
doubtful nor more prosperous things sl^ change your state.

This chariot, which should have been drawn in by a hon, (but because his pre-
sence might have brought some fear to the nearest, or that the sight of the hghts
aiid torches might have commoved his tameness) it was thought meet that the
Moor should supply that room : and so he in outward show pressed to draw that
forward, which, by a secret convoy, was brought to the prince's table ; and the
w'hole desert was delivered by Ceres, Fecundity, Faith, Concord, Liberality, and
Perseverance, to the earls, lords, and barons, that were sewers.

Presently after the retouring of the chariot, entered a most sumptuous, artificial,
and well-proportioned ship ; the length of her keel was eighteen feet, and her
breadth eight feet. From her bottom to her highest flag was forty feet : the sea
she stood upon was twenty-four feet long, with breadth convenient. Her motion
was so artificially devised within herself that none could perceive what brought
her in. The sea under her was lively counterfeit with all colours : On her fore
stern was placed Neptunus, having in his hand his trident, and on his head a crown.

EXTERIOR ORNAMENTS. i^ij

His apparel was all of India cloth of silver and silk, which bare this inscription,
jfunxi atque reduxi, which in sense importeth. That as he joined them so he reduced
their majesties.

Then Thetis, with her mace, goddess of the sea, with this device, Nunquam
abero, W tutum semper te litiore sistam, which signifieth. That by her presence she
shall always be careful to bring tliem into a safe shore and harbour.

The Triton, with his wilk trumpet, was next to her, with this device, Velis, ventis,
votis. By sails, by vows, by winds.

Round about the ship were all the marine people, as sirens, (above the middle
as women, and under as fishes) and these were Parthenope, Ligea, and Leucosia,
who, accommodating their gestures to the voice of the musicians, repeated this
verse, Unus eris nobis cantandus semper in orbe. And all the same was decored
with the riches of the seas, as pearls, corals, shells, and metals, very rare and
excellent.

The bulk of this ship was curiously painted ; and her galleries, whereupon stood
the most part of the banquet in crystalline glass, gilt with gold and azure. Her
masts were red ; her tackling, and cordage were silk, of the same colour, with
golden pullies. Her ordnance was thirty-six pieces of brass, bravely mounted ;
and her anchors silver gilt. And all her sails were double of white tafiety ; and
in her foresail a ship-compass, regarding the north star, with this sentence, ^las-
cunque per undas ; which is to say. Through whatsoever seas, or waves, the king's
majesty intendeth his course, and project of any arising action, Neptune, as god
of the sea, shall be favourable to his proceedings.

On the main-sail was painted the armories of Scotland and Denmark, with this
device, competent in the person of the Prince of Scotland, En qua divisa beata
efficiunt, collecta tenes : that is to say, " Behold, (O Prince) what doth make these
" kingdoms severally blessed, jointly (O Prince of Hope) thou boldest and hast
" together."

Her tops were all armed with taffeties of his majesty's colours, gold and jewels,
and all her flags and streamers suitable to tlie same.

Her mariners were in number six, apparelled all in changeable Spanish taffeties,
and her pilot in cloth of gold ; he alone stood at the helm, who only moved and
governed the whole frame, both the ship and her burden, very artificially.

The musicians within the same were fourteen, all apparelled in taffeties of his
majesty's colours, besides Arion with his harp.

Being thus prepared, at the sound of trumpets she approached, and at the next
sound of Triton's wilk trumpet, together with the master's whistle, she made sail till
she came to the table, discharging the ordnance in her stern by the way ; but because
this device carried some moral meaning with it, it shall not be impertinent to this
purpose to discover what is meant and propined thereby.

The king's majesty having undertaken in such a desperate time to sail to Nor-
way, and, like a new Jason, to bring his queen, our gracious lady, to this king-
dom, being detained and stopped by the conspiracies of witches and such devilish
dragons, thought it very meet to follow forth this his own invention ; that as
Neptuniis (speaking poetically, and by ^ch fictions as the like interludes and
actions are accustomed to be decored witlffl) joined the king to the queen ;,

So, after this conjunction, he brought their majesties as happily hither ; and
now, at this her blessed delivery, did bring such things as the sea aftbrds, to decorc-
this festival time withal, which immediately were delivered to the sewers, forth of
the galleries of this ship, out of crystalline glass, very curiously painted with gold
and azure, all sorts of fishes, as herrings, whitings, flucks, oysters, buckies, lam-
preys, partans, lobsters, crabs, spout-fish, clams ; with other infinite things made
of sugar, and most lively represented in their own shape. And whilst the ship
was unloading, Arion, sitting upon the galley-nose, which resembled the form of a
dolphin fish, played upon his harp ; then began her music, in green holly haut-
boys, in fine parts. After that followed viols, with voices in plain counterpoint
to the nature ot these hexameter verses.

Vol. IL 3 Y.

i6o EXTERIOR ORNAMENTS.

Undique conveniant, quot reges nomine Christi
Gaudent, hucque suas maturent cogere vires ;
Viribus hos, O Rex, opibu'^que anteiveris oranes,
Ouisque suam jam posse velit tibi cedere sorlera,
Regna, viros, aurum, quae te feceie potentem
Omnia conjugii decorant haec pignora chari :
Anna, precor foelix multos foeliciter annos,
Vive, resume novos, atque annuus anni
Instar eat, redeatque novo tibi partus ab ortu.
Cresce, puer, sacri mens numinis imbibat imbres.
Semper uterque parens de te nova gaudia captet.
Scotia, quae quondam multis tcnebrosa vocata est,
Lumina magna nitent in te superantia ccelum.
Lux verbi, & rex, & princeps, diademata regni.

Aftc iiich ensued a still noise of recorders and flutes ; and, for the fourth, a
general concert of the best instruments.

So this interlude drawing near to an end, in the very last courses was discovered
this sentence likewise, Subinissiu adorat oceanus ; inferring, that the ocean sea, by
oifenng the shapes of her treasure, hurnbly adored and honoured the sitters. And
when, in this time, all the banquet was done, after thanks being given, there was
sung with most delicate dulce voices, and sweet harmony, in seven parts, the
cxxviii. psalm, with fourteen voices. And that being done, at the sound of Tri-
ton's wilk trumpet and the pilot's whistle, she weighed anchor, made sail, and, with
noise of hautboys and trumpets, retired, and then discharged the rest of her ord-
nance to the great admiration of the beholders,

After all which pastime and sporr, with merry and joyful repast, the king and
queen's majesties, after their offices of honour and respect, place being prepared for
the revels, and the persons appointed for the same discharging themselves suffi-
ciently, their majesties and ambassadors went to another hall, most richly and
magnificently hung with rich tapestry, where, for the collation, a most rare, sump-
tuous, and prince-like desert was prepared. Which being ended, after taking
leave and good-nights, they departed about three of the clock in the morning, to
their night's rest.

The days ensuing, so long as leisure might serve, were bestowed by the ambassa-
dors in banqueting of noblemen and gentlemen of their acquaintance ; and the
king in the mean time was solicitous and careful of honourable and magnific re-
wards to be bestowed on either of them, which was also prmcely performed, to
their great contentments.

And as they were come to Edinburgh, they were all banqueted, at some time
severally, and at other time together, by divers noblemen of Scotland, with great
honour. Last of all, one ambassador banqueted another, for commemoration of
that joyful meeting and good success.

Then the king and queen's majesties came to Edinburgh, where they were in-
vited by the ambassadors of Denmark unto a banquet within their ship, which
lay at anchor in the river of Forth : she was so great that she could not enter the
harbour. ^

Tiie banquet was very sumptuous, and the ambassadors, so joyous of their final
dispatch, behaved themselves to their majesties in a kindly manner, according
to the ordinary custom of their country, by propining of drink unto them in
the name of their princes, which was lovingly accepted and requitted: In com-
memoiation whereof, the whole artillery of that great vessel were shot in great
number.

The three great ships of the Estates, lying in the same road near by, made cor-
respondence and resonance to the number of six score great shot. And thus con-
cluded their bein ale.

Then the castle of Edinburgh, for performance of the king's honour, as they
perceived the ships to loose and to hoist up sail, saluted every ship, as they showed
themselves in readiness by order, with a number of great cannon shot.

EXTERIOR ORNAMENTSv

ACT BY HIS ROYAL HIGHNESS HIS MAJESTY S HIGH COMMISSIONER, AND LORDS OF PRIVY
COUNCIL, ESTABLISHING THE ORDER OF THE RIDING OF THE PARLIAMENT AT EDIN-
BURGH, JULY 25TH 1 68 1.

I. His Majesty's High Commissioner and Lords of Privy Council ordain the
magistrates of Edinburgh, to cause make a lane of their citizens, in arms and
best order, from the Lady's Steps to the Nether-Bow, (his majesty's foot-guards
making the lane from the Nether-Bow to the palace}.

IL The said magistrates are appointed to order that there be no shooting, nor
any displaying of ensigns, nor beating of drums, during the cavalcade, nor any
coaches to be seen within the ports of Edinburgh till the whole solemnity be over,
under all highest pains. The magistrates are to cause make and place two banks
of timber within the Abbey-close, for mounting on horseback, and two at the
Lady's Steps, for mounting upon horseback and dismounting.

in. The Constable and Marischal Guards of Partisans are to make a lane from
the Lady's Steps, those of the Constable's without, and those of the Marischal'*
within the house, allowing the Constable sis of his guard within doors, conform to
the former practice.

IV. Every member of Parliament must ride, and the absents incur fining, con-
form to the act of Parliament 1662.

V. Where there be double elections of commissioners neither are to ride.

VI. The nobility are to ride in their robes, and with foot-mantles.

VII. The officers ot state, who are not noblemen, and who have gowns particu-
lar to their office, are to ride in these gowns.

VIII. The whole members are to ride covered, excepting those who carry the
honours.

IX. The Lyon Heralds, Pursuivants, and Trumpets, ride immediately before
the honours ; the Lyon in his coat and robe, chain and batton, alone ; and imme-
diately before the sword, the rest, with their coats, foot-mantles, bareheaded, in
their accustomed order.

X. The two Macers of Council and four Macers of Session ride on each side of
the honours bareheaded, with foot-mantles ; the two Macers of Council attending
the crown, and the four Macers of Session the sceptre and sword.

XI. The higher degree and most honourable of that degree is to ride always
last.

XII. Every duke is to have eight lacquies, every marquis six, every earl four,
every viscount three, every lord three, every commissioner for a shire two, antl
every commissioner for burghs one ; and every nobleman is to have a gentleman
bareheaded to walk by him, and to bear up his train, and these gentlemen are at
their entry to the house to stand without the bar.

XIII. The archbishops and bishops are to ride in their gowns and tippets, with
their foot-mantles, and the archbishops may have eight lacquies, and bishops three,
and each of them is to have a gentleman bareheaded to walk by him, and to beai'
up his train.

XIV. The noblemen's lacquies may have over their liveries velvet coats with
their badges, i. e. their crests and mottos done on plate, or embroidered upon the
back and breast, conform to ancient custom, or their ordinary liveries.

XV. The Constable and Marischal are in the morning to wait on his Majesty's
High Commissioner at the palace, and to receive his orders, and from thence, re-
turning privately, the Constable is to come out of his lodging on foot, and, having
viewed the rooms under and above the Parliament House, puts on his robes, and,
having his batton in his hand, sets himself in a chair at the entry of the close at
the Lady's Steps, by the outmost of his guards, from which he is to rise and salute
the members as they light from their horses, and to recommend them to the gen-
tlemen of his guard to be conducted to the Marischal Guards.

XVI. The Marischal is also to attend in his robes, being set in a chair at the
head of his guards, and to receive the members (having his batton in his hand) a-;
they enter the doors.

ioz EXTERIOR ORNAMENTS.

XVII. The Officers of State who are noblemen, so many of them as are in the
kingdom, are to ride up from the Abbey in their robes about halt an hour before
the cavalcade, and to wait in the Parliament House until the High Commissioner
come; and when an ordinary subject is Commissioner, the High Chancellor is to
take his own purse in his hand, and to usher him betwixt the bar and the throne;
but when his Royal Highness, or any lawful brother or son of the king is commis-
sioner, he is to usher them from the door itself and back,

XVIII. The whole Members of Parliament are to wait upon his Majesty's High
Commissioner in the Guard-hall, the nobility being in their robes, and the servants
and horses are to attend in the outer close.

XIX. The Lyon King at Arms in his coat, robe, chain, and batten, (to whose
charge the order of riding is committed^ with six heralds, six pursuivants, and six
trumpets, in their coats, attend likewise.

XX. How soon his Majesty's High Commissioner is ready, the Lord Register
(or such as he shall appoint) and Lyon standing together, each of them having a
roll in his hand, and the rolls being read, the Lyon is to call the names of such of
them as are to nde, according to their order; and one herald is to cry aloud at
one of the windows, and another herald is to stand at the gate, and see them do
accordingly.

XXI. The Members are to ride two and two, each degree by itself, at some dis-
tance, without mixing with any other degree; so tnat if there fall to be an odd
member of one degree, he must ride alone.

XXII. The Lord Register is to make up the rolls of Parliament, both for the
riding and calling in the Parliament House, conform to the rolls of riding and
calling at the last Parhament, anno 1669, whereof he is to give the Lyon a
just duplicate, except where there is just ground to alter the same, and the mem-
bers are to ride as they are called; but if they think themselves prejudged, they
may protest in the same manner as at the calhng of the rolls in the house,
and may afterwards, as they think fit, apply themselves to the Parliament for
remedy.

XXIII. The honours are to be carried immediately before the High Commis-
sioner ; the crown by the Marquis of Douglas, the sceptre next it by the eldest
earl present, and the sword before it by the earl next in order, and the bearers are
to nde, one by one, bareheaded.

XXIV. The dukes and marquisses are to ride after the High Commissioner at
some distance, conform to the former custom.

XXV. The Master of Horses is to ride bareheaded after his Majesty's High
Commissioner, but a little aside, when the Commissioner is the king's lawful son
or brother.

XXVI. The Gentleman-Usher, with a white rod in his hand, is to ride aside
bareheaded near to the Commissioner, he before on the same side, and in the same
manner as the Master of Horse behind in the case foresaid.

XXVII. How soon his Majesty's High Commissioner ahghts from his horse, the
Lord Constable is to receive him, and to attend him to the Marischal Guards, and
then both Constable and Marischal are to convey him bareheaded to the throne,
and are in the same manner to attend him in his return to his horse.

XXVIII. The return to the palace is to be in the same manner, with these two
alterations, viz. First, The Constable and Marischal ride on the High Commission-
er's left and right hand with caps of permission, the Constable on the right, and
the Marischal on the left. Secondly, The officers of state, who are noblemen, are
not to take horse until the High Commissioner be gone, and then are to ride at
some distance after the guard.

AN ACCOUNT OF THE FORM OF THE CREATION OF THE BIARQtHS OF HAMILTON, AND.
MARQUIS OFHUNTLY, IJth jlpril I599.

In his Majesty's great chamber in the Abbey of Holyroodhouse, where the like
ceremony was wont to be done, being richly hung with tapestry, five stages or de-
grees of timber were erected, one for his majesty on the west side, whereon his
3

EXTERIOR ORNAMENTS.

'(>3

majesty's chair of state was set under the pall of honour, one for the duke, one for
the earls, one for the lords, and one for the knights; there was also before the
throne a table covered with a cloth of gold, whereon were laid the sword, sceptre,
and crown, the noblemen attending the ceremonies in their respective seats in their
robes; and his majesty in his robe-royal, being placed in his chair, the queen
sitting by, the Lyon King at Arms, and Master of Ceremonies, with the heralds
and pursuivants in their coats, and trumpets sounding, brought in before his ma-
jesty these two noblemen, viz. the Earls of Arran and Huntly, the first conveyed
"by the Duke of Lennox and Earl of Marr, the second by the Chancellor and
Earl of Caithness. Thereafter the Lyon asked his Majesty, If his Majesty would
be pleased to promote these noblemen to further honours? his Majesty answered.
Yes: Then the Lyon, Master of Ceremonies, with heralds, pursuivants, and trum-
pets, conveyed them into the Green Council Chamber, where they were divested
of their comital robes, and vested in the habit of a marquis, and so were again
conveyed to his Majesty's presence thus:

The ordinary macers that attend the Chancellor and Session making place.

Master of Ceremonies.

Trumpets sounding with the noblemen's colours at their trumpets.

Pursuivants in their coats.

Heralds in their coats.

Four gentlemen, for each of the persons to be created, bearing their honours,
viz. for my Lord Arran, Robert Hamilton of Goslington the pennon, Alexander
Hamilton of Fenton the banner, Claud Hamilton of Shawfield the marquis's
crown, John Campbell of Ardkinlass the patent ; for my Lord Huntly, John Ogil-
vie of the Craig the pennon, John Crichton of Frendraught the banner, Mark Ker
of Ormiston the crown, Alexander Gordon of Strathdon the patent.

Lyon King at Arms.

The two earls conveyed by the fore-named noblemen in their respective robes
and crowns on their heads.

Coming before the king, they made their reverence ; then they were led up by
the Master of Ceremonies some steps, and, sitting down on their knees on velvet
cushions, the Lyon made a harangue, both to his Majesty and to them, declaring
to the noblemen, to promote them to that dignity, and that he desired them to
fear God, and obey his power; then he took cheir oaths. That they should obey
God, his Majesty, and maintain the religion then professed. Thereafter the Lyon
delivered to his Majesty the patents, and his Majesty re-delivered them to the
Lyon, who gave them to the noblemen, in token that they should obey God and
hi- Majesty's laws. After, the Lyon delivered to his Majesty the marquisses' co-
ronets, his Majesty re-delivered them to the Lyon, the Lyon put the crowns on
their heads, saying, Jrjhn Marquis of Hamilton, Earl of Arran, Lord Aven, &.c.
George Marquis of Huntly, Earl of Enzie, Lord Gordon of Badenoch, &.c. The same
was proclaimed forth of the windows, by the heralds and pursuivants, with sound
of trumpets; then were they conveyed to their seats, and placed above the earls,
upon the king's left hand, trumpets sounding.

The Lyon desired his Majesty to honour the gentlemen, who bore the honours,
with the honour of knighthood; his Majesty consented: The Lyon caused them
to sit down on their knees at the foot of all the stage; and after he had made an
exhortation to them, and received all their oaths, they holding up their hands,
and promising to obey all the injunctions, the Lyon presented the sword to his

Majesty, who struck each of them therewith on the right shoulder, and Sir

offered the spur, the Lyon first proclaiming their stiles, and after the

heralds and pursuivants at the windows with sound of trumpet.

I find this difference in the creation of many earls, from what is here set down,
that the four gentlemen bear the honours thus; the first the pennon, the second
the standard, the third the sword and belt, the fourth the crown; and, lastly,
the Lyon bears the patent in a velvet bag ; and that the Lyon oifered first to
his Majesty the sword and belt, and, receiving it back, put it on the person no-
bihtate.

As also, when the king was not present, and after his going to England, the
ceremony was performed by his Majesty's High Commissioner, if there was one at

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i64 EXTERIOR ORNAMENTS.

the time, or otherwise a writ was directed to the Lord Chancellor, appointing him
Commissioner tor that creation; and then the first thing that was done, after the
person to be created was brought in, tlie Lyon gave the patent to the Commission-
er, who gave it to the Register or Clerk of Council to be read. And I observe
this in all our old creations, that if the person to be dignified was a lord formerly,
he was to be conveyed in by two lords; and the ceremony of the new creation be-
ing over, was conveyed to his place by two of that degree to which he was ad-
vanced. The English nobility are sometimes created by being called by writ to
Parliament, under the designations of earls, viscounts, &-c. which way is unknown
to us m Scotland, though the king may introduce it at his pleasure.

FORM OF THE KING S OATH TO HIS THREE ESTATES.

I SHALL be leille and treu to God and halie kirk, and to the thre estaitts of my
realme, and ilk estaite keipe, govrane and defend in their awen fredome and pri-
viledge at my goodlie powre, after the lawes and custumes of the realme: The
law, custume and statuts of the realme, nether to eike nor mynishe without the
consent of the thre estaits: And nathing to wyrke, na uses tuoching the common
profitt of the realm, but consent of the thre estaitts, the law and statuts made be
my forbears, keipe and use at all points, with all my poure, till all my leiges in all
thinges, swa that they repung nought aganis the faith. Swa helpe me God, and
this haly doume.

FORM OF THE FIDELITY OF THE PRELATES TO THE KING.

I SALL be leille and treu to you my Leige Lord Schire James King of Scots,
and not heir your skaith, nor see it, but I sail let it at all my power, and warn you
thereof: Your counsaill heile that you shaw me, the best counsaile I can to give
you when ze charge me. In verba Dei, and als help me God, and holy evangells.

FORM OF THE BARON S OATH TO THE KING.

I BECOME your man, as my leige king, in land, life, lithe and lime, and warld's
honoure, feute and laute, agains all yat live and dee may. Your counsaille celand
yat ze shaw to me, the best counsale gifand if ze charge me; your skaith na dis-
honoure to heir nor see, but I sail lett it at all my goodie powres, and warn you
thereof. Sa helpe me God.

CHAP. XVI.

OF THE OFFICE OF HERALDS.

HERALDS took their rise in the world so soon as kings and princes dis-
tinguished their subjects into nobles and yeomen.

They are called heralds, to teach us what they were, and what they ought yet
to be; the word being composed of two Teutonic words, heir and mild, which sig-
nifies an old lord, or ancient sir, showing, that they ought to be gentlemen of good
descent, for such were officers of arms in old times. Some derive the name from
heroes, which signifies demi-gods, from whence it is likely the French word herault
is derived.

The heavenly heralds are angels, the messengers of the Most High God, Creator
of heaven and earth.

Heralds, not many years ago, have been allowed very high privileges; they were
allowed free entrance into the courts of all princes and great lords; they had
pov.sr to reprove the vices of noblemen, knights, and esquires; and if they did
npt amend, to expel them from all honourable meetings and martial exercises. It

EXTERIOR ORNAMENTS. 165

belonged to heralds to advertise knights, esquires, and military commanders, of the
day of battle, to attend their sovereign's great standard in their best ornaments ;
they were, during the time of the battle, to retire to an eminence to witness what
was done on either side, and report to the king or the general, those who behaved most
valiantly, and to set the same down in writing, that the memory thereof might re-
main to posterity. When the battle was ended, it was their province to number
the dead, to exchange prisoners of war, and commune about their ransom; to
summon rebellious cities; and, in case of composition, to march before the captain
or governor for assurance of his person. At jousts, tournaments, or combats, it
was the otficeofthe herald to lay out the tieldof battle, and to divide the same equally
to the combatants. Such as did wrong them were obliged to give full satisfac-
tion, else they were declared guilty of high treason, and degraded of nobihty ; an
instance of which happened duruig the minority of King James V. in the year of
God 1515, the Duke of Albany regent, when the Lord Drummond was solemnly
forfeited in Parliament: " Eo quod leonem armorum regem pugno violasset, dum
" eum de ineptiis suis admonet," says the record ; and it was upon that lord's
humble submission, and at the earnest entreaty of the Lyon, that he was restored.

We shall here insert an abstract of the privileges granted in ancient times to
heralds, ascribed by some to Alexander the Great, by others to the King and Em-
peror Charlemagne, " My soldiers, ye are and shall be called heralds, companions
" for kings, and judges of crimes committed by noblemen, and arbiters of their
" quarrels and differences ; ye must live hereafter exempt from going any more
" to war or military factions ; counsel kings for the best, the benefit of the com-
" monwealth, and for their honour and royal dignity. Correct all matters vile
" and dishonest, favour widows, succour orphans, and defend them from all vio-
" lence, assist witii your counsel such princes and lords in whose courts ye shall
" abide ; and freely and without fear demand of them whatsoever is needful for
*' you, as food, raiment, and defrayings. If any one of them shall deny you,
*' let them be infamous, without glory or honour, and reputed as guilty of high
•' treason. In like manner also, take ye special care to keep yourselves from vili-
" fying yovir noble exercise, and the honour wherewith you ought to come near us
«' at all times. See that there be no entry into princes' courts, either of drunken
" or evil speaking, flattery, babbhng indiscreetly, janglary, buffoonery, and other
•' such vices, which file and shame the reputation of men : Give good example,
" everywhere maintain equity, and repair wrongs done by great men to their in-
" feriors. Remember what privileges we have granted unto you in recompense
" of the painful travels in war ye have endured with us ; and let not the honour
" we have bestowed on you be converted to blame and infamy by dishonest liv-
" ing, the punishment whereof we reserve to ourself, and the Kings of France oui
" successors."

The society of heralds in England consists of thirteen persons, viz. three Kings
at Arms, which, by their offices, are called Garter, Clarencieux, andNorroy: Garter
is the first in dignity, not so much as being the most ancient, as from the superemi-
nency of the order after which he is named. Clarencieux and Norroy are called

Provincial Kings at Arms. Six heralds, which, by the names of their additions.

are called Somerset, Chester, Windsor, Richmond, Lancaster, York. Four pur-
suivants, which, in heraldry, may be called Learners, to whom are given tlie names
of Rouge Dragon, Portcullis, Blue Mantle, Rouge Croix; all these by the names of
Kings, Heralds, or Pursuivants, are by the kings themselves immediately, or by the
marischals of the kingdom, with the king's authority, crowned with crowns, and
graced with colours, attired with their coats, named by their names of additi jn,
and other ceremonies created. All of them have an yearly salary out of the king's
Exchequer, and by a charter from the crown are incorporate, and have many
privileges conferred on them. Garter's peculiar office is to attend upon the knights
of that order, advertise them of their election, call them to be installed at Wind-
sor, cause their achievements to be hung upon their stalls, and to take care of the
several rites and ceremonies at their burials. Of every new emperor, king, prince,
duke, marquis, earl, viscount, baron, or knight installed in this order, he challen-
geth the uppermost garment he weareth that day. He also showeth unto everj

1 66 EXTERIOR ORNAMENTS.

new baron, called into Parliament, the place wherein he is to sit among his peers,
and directeth all the other ceremonies of their order.

Clarencieux is King at Arms over all the east, west, and south provinces, on the
south side of the river Trent.

Norroy is King at Arms through the parts of the kingdom be-north the river
Trent.

The Lyons Kings at Arms of Scotland, by virtue of their office, and by the bounty
of the kings, are freed from all manner of taxes, watchings, and wardings, &•€. He
is sovereign judge, constituted by act of Parliament for punishing all usurpers of
arms contrary to law. He may give arms to all persons craving the same, if they
are able to ma.ntain a horse with furniture for the king's service; but with these
especial restrictions, " Dummodo heretici non sint, contra fidem, ex illegitimo
" toro prognati, vel ex ignobili sanguine ormndi, sed viri probi &- honesti nomi-
" nis." He hath the place of precedency before all knights and gentlemen
within the kingdom, not being officers of state, or Senators of the College of
Justice.

The Lyon in all great solemnities, as the coronations, marriages, and christen-
ings of kings, queens, or their children, is vested with a long robe of crimson vel-
vet, with long tassels of silk hanging down to the ground ; this robe is doubled

■with silver-coloured Spanish taffeta, and is a fee to him at such solemnities.

His crown is made close, all of beaten gold, after the model of the imperial crown
of Scotland, not set with stones, but only enamelled. He may wear it at all

solemnities whatsoever, except at funerals and interments. His batton is of

wood, coloured azure, and all over powdered with thistles of gold, which he uses
principally at denouncing of war, proclaiming of peace, forfaulting traitors, pro-
clamation of kings, &.C.

As for the name of Lyon, given to the Scots King at Arms, it is taken from the
Lion, the ancient badge of our Scots monarchs, borne by them for their arms
since Fergus the first Scots Monarch, and is as ancient as since the days of Mal-
colm IL and some think long before that time.

The heralds, being six in number, have their precedency according to the dates
of their creations. Their names of addition are altogether local, and are very an-
cient.

Snowdown is named from Snowdown Castle in the shire of Ross, and the resi-
dence of our ancient Scots' kings.

Albany is named from the whole realm, which, by the ancients, was called ^/^«,
and by our Highlanders, who are the native Scots to this day, is called Albanach,
This herald was in use mostly to attend upon the Dukes of Albany.

Ross herald, so named from the county of Ross, which was of old an appendage
of the crown. .

Rothsay has his name and title from the Castle of Rothsay, or Rosay, an an-
cient tesidence of our Scots kings in the Isle of Bute.

Marchmont derives his title from the Castle of Marchmont, so named in our an-
cient histories, now called Roxburgh Castle.

Hay herald has his denomination from an island in the West Seas.

As for pursuivants, they are also for most part locally denominated (Unicorn on-
ly excepted) viz. Carrick, Kintyre, Ormond, and Bute.

The office of Lyon King at Arms in this kingdom has been of old endued
with the power of regality over all these under him ; for he holds his office of the
king immediately, and that by letters patent under the Great Seal of Scotland. It
was lawful for him to repledge all his under officers, for whatever cause, from the
judgment of any court, civil, ecclesiastic, or criminal, the king excepted, upon his
finding caution to administer justice upon them in his own court, and to punish
them accordingly. And al! magistrates and others are commanded, by act of Par-
liament, to be aiding and assisting to him for putting the privileges of his office in
execution. He has the sole admission of all heralds, pursuivants, messengers, and
macers ; bv him they are created, and from him all their patents of office, as from
his maiest}''s supreme o.fficer of honour, proceed. No herald can give new arms
but bv his licence and approbation, and his hand and seal must be had thereto,
and all controversies among them must be determined by him and his deputes.

2

EXTERIOR ORNAMENTS. 167

No herald or pursuivant could give orders for funerals or interments but by his
appointment : neither could any paint arms without his licence. And all messen-
gers within the kingdom are absolutely subject to his jurisdiction and command.

The ancient fees paid to the Lyon and his brethren, besides many others settled
on them by the royal bounty, were, at the creation of a duke, L.iooo, a marqui-.
L.666 : 3 :4, an earl L.400, an arclibishop L.400, a bishop L.236 : 13 : 4; of a
lord L.236 ; 13 : 4, knight baronet L.66 : 13 : 4, knight-batchelor L. 66 : 13 ; 4, all
which was equally divided amongst the Lyon, heralds, and pursuivants, viz. to the
Lyon four shares, to every herald two, and to every pursuivant one. But at fu-
neral obsequies they are paid as they serve, without division. At the pubhcation
of peace in any city, a silver bowl was the Lyon's due, or a merk of gold.
Every knight that carried a banner, and every colonel of a regiment were obli-
ged to pay the Lyon a mcrk in gold, and every captain a merk in silver ; for
which he was obliged to register their names, surnames, and qualities, with their
arms, for the preservation of their honour. Every herald or pursuivant, for each
proclamation they publish concerning the state, was to have an angel of gold :
And to them belongs the executing of letters of treason, &-c. for which they are
paid according to paction. But as these things have, of late years, undergone
several alterations, we shall insist no farther upon them : only, betore we conclude
this chapter, we shall set down the several oaths taken of old by the Lyon and his
brethren, by which the reader will have a more distinct view of what they several-
ly were bound to perform by their offices.

THE OATH OF THE LYON.

" First, Whensoevir the king's majestic sail command you to doany message to
any uthir king or prince, estait, or persone, that you sail doe that als honourablie
and treulie as your witt and reasone can shew you, and als .-^reatlie to the ad-
vantage of your said soverane lord, and trew report bring against his heighness
of what ye sail do, as neir to the charge to you committit in words and sub-
stance, as your reason may attain : So alway keip your self free from any
maner of motione, save to such persons as you be commandit to utter your
chairge unto.

" Secondly, Ye sail doe your true endeavour, as God may help you, every day
to be more cunning then uthers in the office of amies, so that you be the bet-
ter furnished to execute with more wisdome and eloquence such charges as
your soverane sail lay unto you by vertue of the office his sacred majestic heath
committit unto your charge.

" Thirdly, Ye sail do your full knowledge of all noblemen and gentillmen with-
in this realm, which sould beir coates in the feild, in service of our soverane
lord, his lieutenant, officers, or commissioners, and them with their isshewes
trulia register, and such amies as they bear, v/ith their difference dew in armes
to be given, and if they hold any service by knights fee, whereby they sould
hold and doe the king service for the defence of his land.

" Fourthlie, Ye sail not be straing to teach heraulds or pursevants, nor to ease
them in such questions as they sail move to you.

" Lastlie, Ye sail prom^is to registrat all acts of honor in maner and forme as
they be done, so far as your cunning and power sail extend.

THE OATH OF A HERALD .\ND PURSUIVANT WHICH THEY GIVE AT THEJR
CREATION.

" First, Ye sail swear that ye sail be trew and faithfuU to your soverane lord
the king, and if ye have any knowledge, or heir any imagination of treasoane,
or heir any language or word, that sould so move, or sound to the deroga-
tione of his honor, stait, or heighness (which God defend) in that caise, so soon
as it is possible, ye sail discover the same to the King ot Armes, who sail go with
you, either to his highness or his counsell, as God sail bliss vou.
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i68 EXTERIOR ORNAMENTS.

" Also you sail swear, that you sail be conversant and serviceable to all gen-
" tillmen, to do their commandments to their worship by your good counsaill
" which God heath sent you.

" Also you sail swear and promeis to keip the secreits of knights, esquires, and
" ladies, as a confessor of armes, and not to discover them m any manner except
" it be treasone against the kings most excellent majestic.

" Also you sail promeis and swear, if that ye be in any place, where ye may
•■' heir any language betwixt graittmen and gentiUmen, that is not worschipfull,
" or profeitable, nor generous, that ye keip your mouth closse, and report it not
" furth to any living bot to themselves.

" Also you sail promeis and swear, that from hencefurthe you sail forsake all dis-
" honest places, that ye naythir keip taverne nor aillhouse, ather by yourselvis,
" wyffe, or families, but onlie apply yourselves to vertue, the studie of armes,
" genealogies, search of records, moniments and antiquities, with lyk exerciss of
" honour. So help you God.

" Also you sole m lie promeis and swear to obey the commandments and instruc-
" tions, with all uther the imployments of the King of Armes, in all matters con-
" cerning honor and armes ; and also in all uthyr particulars and matters contin'd
" in the several privileges of his office. So more help you God, and by the oath
" you have maid."

CHAP. XVII.

OF PRECEDENCY.

AMONGST those who are supreme, kings have the preference from com-
monwealths ; and, among kings, emperors are allowed the first place ; and
yet hereditary kings may debate the precedency with them when they are but
elective.

The French Kings have debated their precedency with the Kings of Spain for
many years, till at last it was yielded in favours of the French.

The King of Great Britain claims precedency to them both. i. As being king
of that Isle, which was first Christian. 2. Upon his being anointed, and one of
the quatuor iincti, which were before all other kings. 3. That having conquered
France, he has right to all the precedency which France can acclaim. And, to
Spain, the King of England was preferred in the general councils of Pisa, Con-
stance, and Basil.

But the King of Great Britain, as King of Scotland, may justly claim prece-
deny of all these kings ; for it is a received maxim, that among those of equal dig-
nity, he who first attained to that dignity is to be preferred; and the i>ing of
Scotland being equal in dignity to the Kings of England, P'rance, and Spain, at-
tained to that dignity before any of them. For Fergus 1. came into Scotland 330
years before the birth of Christ ; whereas it is contest by the English historian
Polydore, that Egbert, the first English king, did begin his reign iioo years after
our Saviour's birth.

As to the monarchy of Spain, they are no older than Rodolphus King of the
Romans, elected in the year 1273, by whom the House of Austria did rise to this
dignity. , . . . , - ,

As to the now reigning Kings of France, they are only descend(jd from Hugh
Capet, who usurped the throne in anno 987. And not being descended of either
the Carlovingian or Merovingian races, they cannot compete with our kings,
Achaius King of Scotland having been contemporary with Charles le Magne, the
first of the Carlovingian race; and yet Achaius was but the sixty-fifth of the Scots
Kings ; and the leagues betwixt the said Achaius and the said Charles are not only
asserted by Scots and French Historians, but confessed by all strangers.

And if the Christian race be allowed preference, the Kings of Scotland ought
on that account to hav; the pre-eminence also ; for Donald King of Scots embraced
the Christian faith in anno 199, before either William the Conqueror succeeded to
England, or Hugh Capet to France, and long before Spain obeyed its ,late race of
monarchs.

And though it must be owned, that in the council of Constance, England and

2

EXTERIOR ORNAMENTS. 165

France were prefened to Scotland, yet, as Gothofred observes, that proceeded from
the partiality of the Church of Rome, which always preferred those who were able
to do them most service ; and surelj, according, to the Christian religion, as that
race ought to be preferred whose title is justest, so the Scots Kings never having
usurped over the people which they governed, they have a just title to precedency
on that account above all others.

And as to that silly and groundless pretence, that the Kings of Scotland were
vassals of the Kings of England, the same is so pertinently and fully redargued by
Sir George Mackenzie in his Right of Precedency, that it would be lost labour tu
enter upon it in this place.

The King of Sweden pretends to precedency over Denmark, though it i^ vcr_\
dubious, Denmark having likewise claimed precedency from Sweden. The Kings
of Sweden have claimed precedency above all Christian princes, as being the true
successors of the Gotliic Kings, who exacted tribute even from the Emperors
and Kings of France. Both Denmark and Sweden claim precedency from the
King of Poland, as being an elected and limited monarch. The King of Poland
has claimed precedency of the King of Portugal, though it has been determined in
favour of the latter.

There are other sovereigns who are not crowned heads, such as Mantua, Flo-
rence, Ferrara, Parma, Venice, &c. who debate their respective precedencies ;
but it is not easy to determine them, some having it one time, and some at
another.

Commonwealths themselves have contended for precedency of any one king,
on these accounts ; that they being the freest of all men, are the noblest ; and
they being in effect a country of kings, ought to be preferred to any one king ;
especially since their government is elder than that of kings, men having drawn
themselves into societies before they either submitted to or elected kings.

Some commonwealths claim precedency, as having right to kingdoms, as Venice,
on account of her right to the kingdom of Corsica. Genoa has contended with
Venice, but without success.

The States General contend with Venice, and all other commonwealths, as be-
ing the more powerful, and being a society of commonwealths. They pretend also
to precedency of all the princes of the empire, as being more independent : But yet
that has been decided against them by the emperor in later times.

Among the princes of the empire, the electors are still preferred ; and amongst
these the ecclesiastics are preferred to the laics. Next to the electors the Archduke
of Austria has the precedency in the empire. The eldest sons of electors precede
all other princes of the empire.

Churchmen themselves have had as much bustle about precedency as any others
whatever ; witness the Patriarchs of Rome, Constantinople, Antioch, Alexandria,
and Jerusalem. The two former claimed precedency, because their sees were the
seats of the Roman and Grecian empires ; those of Jerusalem, because the chief
priesthood was once settled there ; those of Antioch, because it was the first seat ot
Christianity ; and those of Alexandria, as being the chief city of the east, before
the building of Constantinople.

The Roman Patriarch was, by the Emperor Phocas, raised above all the rest in
the year 606; since which time they have raised themselves to the papacy, though
it cannot be denied but even before that they had the first seat in all councils.
And though it be pretended that Constantine the Great did, from Christian hu-
mility, prefer the successor of Peter, as vicar of Jesus Christ, to himself, and is
brought in Cap. Constantimis 14. dest. 96. as acknowledging himself to have led the
pope's bridle, and, in the famous ceremonial of Rome, fol. 21. the emperor is al-
lowed no higher place than the pope's footstool ; yet these things have been stre-
nuously opposed by the emperors, and not pretended to in latter times by the
popes themselves.

Cardinals have debated precedency W'ith patriarchs, though adjudged to belong
to the latter. Sixtus Quintus raised cardinals to an equal degree with kings ; and
if kings be present at table, if there be but one, he is to sit after the first cardinal
bishop, and if more, they sit m,ixtly with the cardinals. But this is not yielded
to by princes who profess the reformed religion.

jpo EXTERIOR ORNAMENTS.

The bishops of Scotland preceded in this manner ; archbishops, St AndreWi
and Glasgow ; bishops of Edinburgh, Galloway, Dunkeld, Aberdeen, Murray,
Ross, Brechin, Dumblane, Caithness, the Isles, Argyle and Orkney. Marqiiis;es
in old times took place of archbishops : But, in latter times, in imitation of Eng-
land, archbishops take place of all dukes and marquisses ; yea, the Archbishop of
St Andrews took place of the Chancellor, by virtue of a letter from the Sovereign
anno 1664.

The bishops of England precede thus ; archbishops, Canterbury and York ;
bishops t)f London, Durham, Winchester, St Davids, Ely, Norwich, Hereford,
Salisbury, Peterborough, Carlisle, Worcester, Rochester, Landaff, Lincoln, Ban-
gour, Exeter, Chichester, St Asaph, Oxford, Litchfield and Coventry, Bristol, Glou-
cester, Chester, and Bath and Wells.

Nobility is divided into nobiles mnjores et minores ; under the greater are com-
prehended all such as are lords of Parliament ; under the lesser are comprehended
knights and gentlemen; and though all these be not peers of Parhament, yet they
are all peers to one another, seeing a gentleman may be married to a duke's
daughter; and though noblemen must be judged by their peers, yet landed gentle-
men may pass upon their assize, and a nobleman is obliged to accept of a chal-
lenge from a gentleman, were duels lawful. It is doubtful whether the younger
sons of dukes and marquisses are to be ranked among the nobiles majores, or mi-
nores, since, on the one hand, they sit not in Parliament, and on the other they
are designed Lord, and take place of many of the nobiles majores.

In Scotland the king's children, uncles, and nephews only had precedency of
all subjects, and no remoter degree and precedency on account of his relation to
our kings.

The first place, next to the king, was due to the Prince of Scotland, who was
likewise Duke of Rothsay, and the King's second son was Earl of Ross.

It has been doubted whether the king's uncle, &.c. has the precedency of the
officers of state at the coronation, riding of the parliament, &.c. in which it was
the Constable's privilege to ride upon the king's right hand, and the Marischal's on
his left : But the Duke of York preceded all officers at the coronation of king
Charles II.

Amongst princes of the blood the last descended from the royal family has still
precedency : But though this hold in the branches, yet the eldest of the same
branch will precede all of that branch.

The nobility of Scotland were either declared such by feudal erections, their
lands being erected by the king into a dutchy, earldom, &-c. which did of itself
make him a duke or earl in whose favour the lands were so erected : or else they
got the patents of honour declaring them dukes, earls, &-c. and this is a much later

way, none being nobilitate by patents amongst us before King James I. The

third way of nobilitating with us, is by creation and solemn investiture; the whole
form of which we have given in the preceding chapter, in the instance of the
Marquisses of Hamilton and Huntly, anno 1599.

The English nobility are sometimes created by being called in a writ to Par-
liament under the designations of Earls, Viscounts, &c. which was unknown in
Scotland.

Precedency among Subjects is thus established both in Scotland and England.

Dukes of the blood royal.

Other dukes according to their creation.

Eldest sons of dukes of the blood royal.

Marquisses according to their creation.

Dukes' eldest sons.

Earls according to their creation.

Marquisses' eldest sons.

Dukes' younger sons.

Viscounts according to their creation.

Earls' eldest sons.

Marquisses' younger sons.

EXTERIOR ORNAMENTS. iqi

Barons, whom we call lords.

Viscounts' eldest sons.

Earls' younger sons.

Barons' eldest sons.

Baronets.

Viscounts' younger sons.

At the coronation of King Charles I. the precedency of the nobility of Scotland
was ordered to be the sama with that in England ; and to prevent differences be-
twixt the nobility of both kingdoms, it was ordered, that all those of the same de-
gree in England should, in England, take place from all those of the same degree
in Scotland : And all those of tlie same degree in Scotland should, in Scotland,
take place of the English; that is to say, all the English Dukes should take place
in England of all the Scots dukes, and all the Scots dukes in Scotland should take
place ot" all the English dukes, &-c.

In anno 1623, King James VI. settled the precedency among his officers and
counsellors thus :

The Lord Chancellor.
The Lord Treasurer.
The Archbishop of St Andrews.
The Archbishop of Glasgow.
The Earls and Viscounts according to their ranks.
Bishops according to their ranks.
Lord Privy seal.
Lord Secretary.
Lord Register.
Lord Advocate.
Lord Justice Clerk.
Lord Treasurer-depute.

The Lords of Session according to their admission, barons and gen-
tlemen, being counsellors, according to their admission.

With us the eldest sons of barons are designed masters, and the uncles of lords
were called masters, probably for no other reason but that they wanted a title,
and so took up this, which occasioned afterwards the word master to be given to
peirsons whose names were not known.

By act of Parliament 1661, the President of the Session is declared to have pre-
cedency of the Lords Register, Advocate, and Treasurer-depute.

The ibth of November 1729, the Lord President of the Session produced to the
lords a letter from Queen Caroline, guardian of the kingdom, to the President and
Senators of the College of Justice in Scotland, for settling the precedency of the
courts of justice therein, which was read, and ordered to be recorded, whereof the
tenor follows :

ByUFr Majesty the ^leen, Guardian of the Kingdom, &-c.

Caroline, R. C. R.

" FORASMUCH as we have been informed, that doubts have frequently arisen
between the Senators of his Majesty's College of Justice, and the Barons of
his Exchequer, in that part of his Majesty's kingdom of Great Britain, called
Scotland, concerning their rank and precedency ; and we are willing to prevent
any uneasiness, jealousies, or disputes between the members of two bodies so
highly intrusted by his Majesty, and of so great use and importance to his ser-
vice, and to the good government and welfare of his people : Therefore, we do, in
his Majesty's name, by these presents, appoint and ordain, that you, the Presi-
dent of his Majesty's said College of Justice, shall have the first place, and on
all occasions shall take rank, and have precedency of the Chief Baron of hi''
Vol. II. 4 B

192

EXTERIOR ORNAMENTS.

" Majesty's Exchequer there ; and the said Chief Baron shall continue to take-

" rank, and have precedency of the remanent Senators of his Majesty's said Col-

" lege of Justice; and the remanent Senators of the said College of Justice, and the

" Barons of Ills Majesty's Exchequer, shall take place of each other, accordmg to

" the date of their commission or appointment to their respective offices ; that is

" to say, that every Senator of his Majesty's said College of Justice, whose com-

" mission or appointment to his said office is of an elder date', shall take place, and

" have the rank and precedency of and above all Senators of his Majesty's said

" College of Justice, and Barons of his Majesty's said Exchequer, whose commis-

" sions or appointments are of a later date ; and that every Baron of his Majesty's

" said Exchequer, whose commissions or appointments are of an elder date, shall in

" like manner take place, and have the rank and precedency of and above all Se-

" nators of his Majesty's said College of Justice, and Barons of his Majesty's said

" Exchequer, whose commissions or appointments are of a later date : And if it

" shall happen that the commissions or appointments of one of the Senators of his

" Majesty's said College of Justice, and one of the Barons of his Majesty's said

" Exchequer, shall be of the same date, then the said Senator shall take place,

" and have rank and precedency of and before the said Baron. And this we do in

" his Majesty's name ordain, appoint, and establish, to be the constant and unal-

" teVable rule and order in this respect, from henceforth in all time coming ; pro-

" vided always, that the same shall not extend to deprive any peer of his Majesty's

" realm, or the son of a Peer, or any other whatsomever enjoying any of the above-

" mentioned offices, and having rank and precedency by reason of such his peerage

" or birth, or on any other occasion not relative to his office of Senator of his Ma-

*' jesty's said College of Justice, or Baron of his Majesty's said Exchequer, from

" bruiking and enjoying such rank or precedency, any thing in these presents to

" the contrary notwithstanding : And so we bid you heartily farewell. Given at

" at the Court at Kensington the twenty-fourth day of July one thousand seven

" hundred and twenty-nine, in the third year of her Majesty's reign. By hei:

" Majesty's command,

HoLLES Newcastle.

The Order of Baronet in Scotland was erected for advancing the plantation of
NovS Scotia in Amedca, and for settling a colony there, to which the ard of these
knights was designed.

The Order of Baronet in England was erected for advancing the plantation of
Ulster in Ireland.

Barons in England are lords with us; but a baron with us is properly he who
has power of pit and gallows.

The old barons, or lairds, amongst us, especially where they are chiefs of clans,
refuse to cede precedency to knights baronets, and much less to ordinary knights;
though the others pretend, and justly, that a baron is no name of dignity, and that
knights baronets have a special privilege, that there shall be no degree betwixt
them and lords, except bannerets; that is, such as should be created under the
royal standard in open war, the king being present; and it must be owned, that next
to knights baronets, succeed knights-batchelors, and next to them our lairds or
landed gentlemen ; though a laird is but the corrupt word of a lord.-

Amongst such as profess sciences, the rankmg goes thus uncontrovertedly. i.
Such as profess Theology. i. Such as profess the Canon Law. 3, The Civil Law.
4. Philosophy. 5. Medicine. 6. Rhetoric. 7. Poesy. 8. History. 9. Gram-
mar. 10. Logic. II. Arithmetic. 12. Geometry. 13. Music. 14. Astronomy ;
and among these such as are Doctors precede those that are not.

Women, before their marriage, have precedency by their father; but there is
this difference betwixt them and the male children, that the same precedency is
due to all the daughters that is due to the eldest, though it is not so amongst the
sons; and the reason of this seems to be, that the daughters would succeed all
equally, whereas the eldest son excludes all the rest.

During the marriage, the wife regularly participates of the condition of her hus-
band; and, in France, they communicate of the husband's titles; and thus they

EXTERIOR ORNAMENTS.

I9J

say, Madam la Chaiiceliere, i\Iadam la Presidente; yet it is not so with us, wha
think that offices are bestowed on husbands upon a personal account.

By our law, if a woman have precedency by her birth or descent, she retains still
the same, notwithstanding she marry a person of inferior dignity ; though this be
contrary to the civil law, and, indeed, he being her head, it is unnatural that any
part should be more honourable than the head. But it is observable, that if the
daughter of a nobleman marry another nobleman, she will lose the precedency
due to her by her birtli, though she would not have lost it if she had married a
gentleman.

After the husband's decease the wife enjoys her husband's precedency during
her widowirv'; but- if she many to a- person of inferior quality, slie loses that pre-
cedency; though the queen never loses her former dignity, though she marry the
meanest person after the king's death; notwithstanding her bastards are not noble,
as the bastards of the king are; nor does the womb ever nobilitate. By the civil
law, a widow living lewdly loses her former dignity.

The wives and daughters of all dukes, marquisses, earls, &.c. do take the same
place that the husbands and sons do, conform to their precedency.

When princes or judges intend to shun deciding of controversies concerning pre-
cedency, and to preserve the rights of all the competitors, they ordain the compe-
titors to precede one another by turns, and alternately. And, lest the first turn should
givethe precedency, order that to be decided, by lot. 2r. They cause them enter
by several doors. 3. They use round tables, or write the pretenders names in a
circle. 4. The eldest of the com.petitors is ordered to precede, or according as
they produce their commissions. 5. Some use to secure themselves by protesta-
tions, which certainly do interrupt prescription.

As to the peerage of Scotland, the best account that can be given of them at
this period is the return of the Lords of Session to an order of the Right Honour-
able the Lords Spiritual and Temporal in Parliament assembled, the 12th of June
1739, with which we shall conclude; and is verbatim as follows:

" May it please your Lordships,

" In obedience to your Lordships' order of the 12th June last, requiring that the
Lords of Session in Scotland do make up a roll or list of the peers of Scotland at
the time of the Union, whose peerages are still continuing, and do lay the same
before your Lordships in the next Session of Parliament; and that the said Lords
do, as far as they shall be able, state in such roll or list the particular limitations
of such peerages.

" The Lords of Session have, by committees of their own number, made all the
inquiry they have been able, by searching into the public records, and examining
the proper officers to whose care the keeping of them is committed, in order to
give-your Lordships all the satisfaction that is in their power. And they humbly
beg leave to report,

" Thatafterthj^ most careful search and examination., they have not hitherto found
amongst the records any roll or list of the peers of Scotland, at the time of the
Union, authenticated by the subscription of the Lord Register, or of any other officer
or person whatsoever; all they have been able to meet with to give satisfaction in
this particular, is an unsigned writing on a slieet of paper, intitled Roll of Parlia-
ment 1706, bearing, first, a list of the peers according to their rank; next, a hst of
commissioners from shires to that Parliament ; and then a list of the commission-
ers from burghs: and this writing, some of the officers who were then employed
under the Lord Register say, was the very roll or list that was daily called over in
the last Parliament of Scotland, pursuant to the constant practice of calling over
the roll both of peers and commons, who sat together in one house, before the
house proceeded to business; and also of collecting the voices, by calling over the
rolls wlien any point was to be resolved by a question: Tliey also find that this
roll or list has, ever since the Union, been looked upon as authentic, and that
copies thereof, so far as concerns the peerage, have been made use of, with some
additions hereafter to be mentioned, a id called over at every meeting of the peers
of Scotland fo- the election of one or mire peers to serve in the Parliament of
Great Britain, from tiie year 1708 down to this time. And that your Lordshi^is

i(j4

EXTERIOR ORNAMENTS.

may be able to discover whether this list agrees with that which was laid before
your Lordships by the Lord Register of Scotland, in obedience to your Lurdships'
order of the izd December 1707, a copy of the list of peers, as it sands in the said
roll, is hereunto annexed m the Appendix, and marked No. I.

" They further report, that this roll, or list of peers, which they consider as that
which was de praxi made use of, and called over in the last Parliament of Scotland,
in which the Union was enacted, and therefore deemed to be a true one, has suf-
fered several alterations since that time, some of which are of that nature and no-
toriety that they may presume to certify them to your Lordships; whereas they
must content themselves, with respect to others, with stating the case so far as it
appears to them, without concluding positively from what they shall so state: One
great alteration they refer to is, what was made by the attainders of

EARLS

VISCOUNTS

LORDS

Marischal,'

Southesk, Kenmure,

Sinclair,

Marr,

Airly, Kingston,

Burleigh

Nithsdale,

Carnwath Kilsyth.

Duflus,

Winton,

Callander, by the at-

Nairn.

Linlithgow

tainder of Earl

Perth,

Linlithgow,

Seaforth,

Panmure.

of high treason, for their accession to the unnatural rebellion that was raised in the
year 1715, which takes nineteen out of the said roll or list of the peerage of Scot-
land. Another alteration they presume to mention, because it is certain, is the^
addition of three peers to the said list; to wit, his Royal Highness the Prince of
Wales, Prince and Steward of Scotland, by the title of Duke of Rothsay, under
which his present Majesty, whilst pripce, voted by list, at the election of a peer to
serve in Parhament in the room of the Marquis of Tweeddale, anno 1716; and the
Lords Somerville, and Colvil of Culross, who, by your Lordships' resolutions of the
27th of May 1723, were found to have right to the honours and dignity which
they respectively claimed, and who, on the 31st of that month, obtained a signifi-
cation of his late Majesty's pleasure, by the Duke of Roxburgh, then Secretary of
State, to the Lord Register of Scotland, to place them in the list of the peers of
Scotland, conform to your Lordships' resolutions aforesaid ; and they have accord-
ingly voted at the succeeding elections: Taking therefore from the said roll or Hst
in the appendix, the said nineteen peers attainted, and adding thereto the three
peers last described, they humbly certify to your Lordship^, that the roll or list of
the peers of Scotland stands at present, so far as with certainty appears to them,
rhu*;.-

EXTERIOR ORNAMENTS.

175

DUKES

EARLS

VISCOUNTS

LORDS

His Royal Hish-

• Glencairn,

Aboyne,

Arbuthnot,

Blantyre,

ness the Princt

? Eglinton,

Newburgh,

Oxford,

Cardioss,

Rothsay,

Cassilis,

Kilmarnock,

L-vine,

ColvilofCulross,

Hamilton,

Caithness,

Dundonald,

Dumblane,

Cranston,

Buccleugh,

Murray,

Dumbarton,

Preston,

Jedburgh,

Lennox,

Hume,

Kintore,

Newhaven,

Maderty,

Gordon,

Wigton,

Breadalbane,

Strathallan,

Cupar,

Qiieensberry,

Strathmore,

Aberdeen,

Teviot,

Napier,

Aigyle,

Abercorn,

Dunmore,

Duplin,

Cameron,

Douglas,

Kelly,

Melville,

Garnock,

Cramond,

Athol,

Haddington,

Orkney,

Primrose.

Reay,

Montrose,

Galloway,

Ruglen,

LORDS.

Forrester,

Roxburgh.

Lauderdale,

March,

Pitsligo,

Kinnoul,

Marchmont,

Forbes,

Kirkcudbright,

Loudon,

Seafield,

Salton,

Eraser,

MAROUISSES.

Dumfries,

Hyndford,

Gray,

Bargenv,

Stirling,

Cromarty,

Ochiltree,

Banff, '

Tweeddale,

Elgin,

Stair,

Cathcart,

Elibank,

Lothian,

Traquair,

Roseberry,

Mordington,

Halkerton,

Annandale.

Ancrum,

Glasgow,

Semple,

Belhaven,

Wemyss,

Portmore,

Elphinston,

Abercromby,

EARLS.

Dalhousie,

Bute,

Oliphant,

Rollo,

Findlater,

Hopetoun,

Eraser of Lo vat.

, Colvil,

Crawford,

Leven,

Deloraine,

Borthwick,

Ruthven,

Errol,

Dysart,

Hay.

Ross,

Rutherford,

Sutherland,

Selkirk,

Somerville,

Ballenden,

Monteith,

Northesk,

VISCOUNTS.

Torphichen,

Newark,

Rothes,

Kincardine,

Falkland,

Spyuie,

Eyemouth,

Morton,

Balcarras,

Dunbar,

Lindores,

Kinnaird,

Buchan.

Forfar,

Stormont,

Balmerino,

Glassford. ,

" But they dare not presume to transmit this to your Lordships as a list of the
peerage of Scotland, without observing two things : First, That as they have, in exa-
mining the records, met with many ancient peerages, such as Lyle, Holyroodhouse,
Monypenny, Inverkeithing, and others, not entered in the said roll or list that was
called over in the last Parliament of Scotland ; nay, some of them not appearing
to have sat or voted for a century; as it is impossible for them to discover, so as to
be able to report to your Lordships with any certainty, whether any, or which of
these peerages may be extinct, or joined with other titles in the same person ; as
if any person should hereafter appear, and vouch a sufficient right to any of those
peerages, your Lordships would admit them, as you did in the cases above men-
tioned of Somerville and Colvil of Culross: And as there may be several ancient
peerages that do not appear in the said roll or list, now and for many years past,
conjoined with higher dignities in the same person, which may hereafter separate,
as the limitations of the succession of the several peerages may be different: So the
above roll cannot be looked upon as a complete list, such as should exclude any
further claims to ancient peerages duly to be made and vouched.

" The second observation they humbly make, is, that though in drawing out the
above roll or list they have left out such of the peers, contained in the list referred
to in the Appendix, as they were warranted to leave out by legal evidence, yet
they have reason, from examining the records, to think, that several of the
peerages in the above roll or list are extinct, or so joined with other titles in the
same person, as not to be again separable from them; though, not having absolute
certainty or legal evidence of this, they could not take upon them to leave those
peerages out of the roll or list which your Lordships directed them to lay before
the house : But, as they take it to be their duty to give your Lordships all the

Vol. n. 4 C

i76 EXTERIOR ORNAMENTS.

light they are able, under the proper guards, to prevent your Lordships from being
misled, by the inforntiiition they may ofler, so far as it is imperfect, they take the li-
berty, humbly to lay before your Lordships such observations, as leave it doubtful,
whether the persons claiming some of the said peerages have sufficient right there-
to, (ir, as lead them to think, that several particular peerages in the above-written
roll or list are extinct, or joined in the same person with other peerages, not again
to be separated : And they have annexed in the Appendix, No. IL copies of the
words of limitation hi the several patents to which the observations refer.

" MoNTEiTH. I. Then, they observe, That there is in the record of the Great
Seal, in the Lord Register's keeping, a patent by King Charles L granting the dig-
nity of Earl of Monteith and Strathern, anno 1631, to William Earl of Strathern,
and to his heirs-male, and of tailzie ; that they find no charter altering this limi-
tation ; that the Earl of Monteith appears to have sat in the Parliament of Scot-
land anm 1693, but not since that time ; and that no person has, by himself or
proxy, or by a signed list, attempted to give any vote since the Union as Earl of
Monteith, in any election of a peer, or peers, to sit in Parliament; but whether
any heirs-male, or of tailzie, of the said William Earl of Strathern or Monteith,
do now exist, or whether the limitation of the succession of that peerage was al-
tered by any new patent, or by any charter on the resignation of the original
patentee, or his succesors, they cannot discover.

" Ancrum. 2. They observe, That there is in the record of the Great Seal, in the
Lord Register's keeping, a patent atwo 1633, granting to Sir Robert Ker, Knight,
and to the heirs-male of the marriage betwixt him and Lady Anne Stanley, only
daughter to the Earl of Derby, his second wife ; which failing, to the heirs-male
of the said Robert Ker, and their heirs-male for ever, the title ot Earl of Ancrum :
By the rolls of Parliament it appears that the Earl of Ancrum sat in the Parlia-
ment 1681 ; but as no one has sat in Parliament since that time, or claimed a
vote at any election since the Union under that title ; and, as by the said patent
It appears, that, failing heirs-male of that marriage, the honours of Ancrum were
,10 descend to the heirs-male of Sir Robert, the first patentee, whose eldest son
appears, by the same patent, to have obtained the honours of Earl of Lothian, if
there is no male descendant of the said Robert's second marriage, the title of An-
crum is, so far as they can discover, joined with that of Lothian, in the present
Marquis of Lothian.

" Forfar. 3. They observe. That there is in the record of the Great Seal, in
the Lord Register's keeping, a patent anno 1661, granting to Archibald Douglas,
and his heirs-male the title of Earl of Forfar. The last Earl of Forfar died of the
wounds he received at the battle near Dumblane anno 1715 : No one has at-
tempted to vote under this title since his death ; and as, by the records in Chan-
cery, it appears that the Duke of Douglas is served and retoured nearest heir-male
to the said deceased Earl, this peerage, so far as they can discover, is at present in
the Duke of Douglas.

" Dumbarton. 4. That the only patent that appears of the honours of Earl of
Dumbarton is in the records of the Great Seal, and is dated in the 1675, and
limits the descent to the heirs-male of the body of Lord George Douglas, the first
patentee ; so that if there are no heirs-male of his body existing, and if no altera-
tion has been made of this limitation, by some later charter which does not appear,
the title is extinct.

" Melvill. 5. That the title of Earl of Melvill is, by the original grant thereof,.
anno 1690, to be found in the register of the Great Seal in the Chancery Office,
limited to the patentee and the heirs-male of his body : That the present Earl of
Leven to whom, and the heirs-male of his body, the honours of Leven are limited,
is the heir-male of the body of the patentee of the honours of Melvill ; so that the
honours of Leven and Melvill must remain conjoined in the same person, so long
as there shall be male descendants of the body of the present earl.

" RuGLEN. 6. That by the only patent of the honours of Ruglen, which appears,
in the records of the Great Seal anno 1697, in the Chancery Office, the limitation
is to Lord John Hamilton, the present Earl, and to the heirs-male of his body;
which faihng, to the heirs of his body whatsoever ; that, by the decease of the late
Charles Earl of Selkirk without heirs-male of his body, the title of Selkirk is now

EXTERIOR ORNAMENTS. 1 7 7

devolved, by an express limitation in the original charter of the honour of Selkirk,
anno 1688, in the records of the Great Seal in the Chancery Office, on the said
John Earl of Ruglen, and will remain conjoined with the title of Ruglen so long-
as there shall remain male heirs of the body of the present earl ; but as, on failure
of such males, the honours of Selkuk are further limited to the fourth, fifth, and
remaining sons of William Duke of Hamilton, and the heirs-male of their body,
whereas the honours of Ruglen are descendible to the heirs whatsoever of the
present earl's body, those titles may hereafter separate.

" FiNDLATER and Seafield. 7. That by thepatent of the title of Earl of Sea-
field, in the record of the Great Seal anno 1701, in the Chancery Office, the title
is granted to the patentee, whilst his father the Earl of Findlater was living, and to
the heirs-male of his body ; which failing, to his other heirs of taihie succeeding to
him in his lands, baronies, and estates ; and by the patent of the honours of Find-
later anno 1638, in the record of the Great Seal in the keeping of the Lord Re-
gister, the Umitation is to the heirs-male of the body of the patentee succeeding
to him in his proper estate of Findlater and Deskford. These titles are at present
joined in the Earl of Findlater and Seafield ; but whether they may not hereafter
separate, will depend on the form of the settlement of the succession in the estates
of Findlater and Deskfo?d, the patrimony of the first Earl of Findlater, to which
his patent refers, and on the form of the settlement made by the first Earl of Sea-
field, of his lands, baronies, and estate.

" OxENFORD. 8. That the patent creating the Viscount of Oxenford, appears in the
records of the Great Seal, in the keeping of the Lord Register, anno 165 1, and is
limited to the patentee's heirs-male of tailzie and provision whatsoever ; it appears
by the rolls of Parliament, that the last time any person sat or voted, in virtue ot
that title, was in the Convention of Estates 1689 ; since that time it does not
appear that any one, on this title, claimed a vote in Parliament, or at elections,
since the Union, until the election 1733, when two ditferent persons, viz. Robert
Maitland and James M'Gill, claimed the title, and gave in lists ; they believe that
one of these claimants, James M'Gill, presented a petition to his majesty, claiming
that peerage as his right ; and that this petition having been referred to your Lord-
ships, the petitioner was heard thereupon, and that your Lordships came to a reso-
lution thereon in the year 1735, to which they beg leave to refer.

" Teviot. 9. That the patent creating Sir Thomas Livingston Viscount of Te-
viot, appears in the records of the GreatSeal in tlie Chancery Office, anno 1696, limit-
ing the honours to the heirs-male of the patentee's body ; the said viscount sat in
the ParHament 1704, but not since; nor has a^ny one in right of that peerage
claimed a vote at any election since the Union ; and if there are no heirs-male of
his body, the title is extinct.

" Duplin. 10. That the patent creating Thomas Hay Viscovmt of Duplin,
appears in the records of the Great Seal in the C'.iancery Office anna 1697, limit-
ing the honours to the heirs-male of his body ; which faihng, to his other heirs of
tailzie ; and, as there appears in the same records, anno 1704, a charter upon the
resignation of William Earl of Kinnoul, of the honours of Earl of Kinnoul, to the
said William during his life; and failing of him by decease, to Thomas Viscount
of Duplin, and the heirs-male of his body ; which failing, to his heirs of tailzie
and provision, succeeding to him in his lands and baronies of Duplin ; under
which grant the honours of Kinnoul have been enjoyed by the Viscount of Dup-
lin ; these honours are now conjoined in the same person, and seem to be inse-
parable.

" Ochiltree, ii. That there appears no patent, so far as can be discovered on
record, creating the title of Lord Ochiltree, nor has any person sat in Parliament
under that title since the year 161 7, nor claimed a vote at any election since the
Union in right thereof ; but whether some person may not appear, and make
good a claim thereto, they cannot say.

" BoRTHwicK.. 12. That there appears no patent in the records constituting the
peerage of Lord Borthwick, nor does any person appear to have sat in Parliament
under that title later than the year 1662. In the 1734, Henry Borthwick,
at the general election of sixteen peers for this present Parliament, claimed his
vote as Lord Borthwick. and gave in a list, as he has done at the several elections
of single peers since the said election. In 1734 the Earl of Marchmont protested.

i^S EXTERIOR ORNAMENTS.

That no person might be admitted to vote as pretending right to peerages by the
;itles ot" Borthwick, Kirkcudbright, or Rutherford ; but no other competitor has
appeared to claim the honour of Borthwick ; but whether the right of the said
Henry Borthwick, to the title of Borthwick, is good, they cannot say.

•' Spynie. 13. That the patent creating Lord Spynie has not hitherto been
found in the records, nor has any person sat m Parliament under that title since
the year 1669, neither has any person claimed a vote in virtue thereof at
any election since the Union ; but whether this peerage is extinct, they cannot
suy.

" Cardross. 14. That the patent creating Lord Cardross has not hitherto been
found ; that the present Earl of Buchan sat in Parliament, anno 1695, as Lord
Cardross : That in the 1698 the Lord Cardross claimed the honours of Earl of
Huchan, and by a resolution of Parhament was admitted to sit and vote as Earl of
Buchan ; that these honours are thus joined in the same person ; but whether
they must remain so forever, or may separate, they cannot say as the limitation of
the peerage of Cardross does not appear.

" Jedburgh. 15. That the latest charter of the honours of Lord Jedburgh that
has hitherto been found, is in the records of the Great Seal in the year 1670, in
the Lord Register's keeping, which, on failure of Robert Ker of Fernihirst, and
the heirs-male of his body, hmits the honours to William, Master of Newbattle,
■md the heirs-male of his body ; which failing, to the said Master's nearest heirs-
inale whatsoever ; that this Wilham, Master of Newbottle, succeeded to the honours
of Jedburgh, and on that title voted in Parliament anno 1702, where his father
the Marquis of Lothian also sat and voted as Marquis of Lothian, and upon his
father's decease succeeded to the honours of Lothian ; and therefore, if a judgment
were to be formed on what thus appears, it would be natural to conclude that the
honours of Jedburgh and Lothian are conjoined in the same person ; but as it ap-
pears that the present Marquis of Lothian, in his father's lifetime, voted, an?io 1712,
at the election of a peer to sit in Parliament, in the room of the Earl Marischal
vhen deceased, under the character of Lord Jedburgh, it is not impossible that the
i'amily of Lothian may be possessed of some settlement of this peerage of Jedburgh,
different from what hitherto has been found in the records.

" Maderiy. 16. That they have not found the patent creating the Lord Ma-
derty in the records ; that the Lord Maderty appears by the rolls of Parliament
to have sat and voted anno 1669; that no person appears to have sat in Parlia-
ment, or to have claimed a vote at any general or particular election of a peer or
peers, after the Union under that title ; but whether the title is extinct, or joined
with some other peerage in the same person, they cannot take upon them to
say.

" Cupar. 17. That there appears in the records of the Great Seal, in the Lord
Register's keeping, the charter o:' erection of the Lordship of Cupar anno 1607,
in favour of James Elphinston, lawful son of the Lord Balmerino, and the heirs-
male of his body ; which failing, to his father, and his heirs-male, and of tailzie,
contained in his infeftments of the barony of Balumby ; it appears from the rolls
of Parliament, that no person has sat or voted in Parliament as Lord Cupar since
the year 1662 ; neither has any one claimed a vote under that title, at any elec-
tion since the Union ; so that if there are no heirs-male of the body of the Lord
Cupar the patentee, it is likely that peerage is now joined with that of Balmeri-
no, in the same person, not to be hereafter separated.

" Cramond. 18. That in the records of the Great seal, in the keeping of the
Lord Register, there appears a patent, anno 1628, creating Elizabeth, the wife of
Sir Thomas Richardson, Lord Chief Justice of the Court of Common Pleas, during
all the days of her life, Baroness of Cramond; and, after her decease, granting the
same honours to Sir Thomas Richardson, the son of the said Lord Chief Justice,
and his heirs-male ; which failing, to the heirs-male of the body of the said Lord
Chief Justice, with right to vote in Parliament, if personally present, and not
otherwise ; that in examining the rolls of Parliament, and the proceedings at all
the elections since the Union, it does not appear that any person ever sat or voted,
as Lord Cramond, or that any one offered to vote at any election since the Union,.
3

EXTERIOR ORNAMENTS,

179

under that title : but, as the descendants of the said Sir Thomas Richardson, if any
were, had probably tlieir residence in England, their not having claimed hitherto
can be no objection to their title, if they can verify their right to it.

" Kirkcudbright. 19. In the records of the Great Seal, m the keeping of the
Lord Register, there appears a patent, creating Sir Robert M'Lellan, Lord Kirkcud-
bright, nnno 1633, and granting the honours to liim and his heirs-male, carrying
his name and arms: It does not appear tliat ever this Lord tLukcudbright, or any
person in his right, sat or voted in Failiament ; but it appears f;om searching into
the proceedings at the several elections of peers since the Union, that, anno 1 721,
at the election of a peer to serve in Parliament, in the room of the then deceased
Marquis of Annaadale, James M'Lellan of Auchlean, offered his vote as Lord Kirk-
cudbright ; but that vote appears to have been protested against, as being given by
a person who had not made good his title to that peerage. In the year 17^4, at
the general election of sixieen peers, to serve in the present Parliament, after the
the decease of the said James, without heirs-male of his body, William M'Lellan
voted as Lord Kirkcudbright, and was protested against by James M'Lellan, who
laid claim to that peerage, and voted in right thereof: The said William has vot-
ed since that time at all the elections of single peers, without any objection; but
whether his right so to do is well founded, they cannot take upon them to say.

" Bargeny. 20. That the patent of the Lord Bargeny has not been met with in
the records. By the proceedings in a cause wnich lately depended before the
Court of Session, and which was brought by appeal before your Lordships, touching
the succession to the estate of Bargeny, it appears that there is no heir-male exist-
ing of the body of John Lord Bargeny, who, anno i68b, made the settlement of
his estate, on which that question depended ; and no person has, at any election,
since the death of the last lord, claimed a vote in right of that peerage ; but as
they cannot discover from the records the limitation of that dignity, they cannot
take upon them to say, whether it is extinct or not.

" Abercromby. 21.' That there appears in the records of the Great Seal, in the
Chancery OiRce, a patent, (inno 1647, granting the dignity of Lord Abercromby
to Sir James Sandilands, and the heirs-male of his body ; but it does not appear
that either the patentee, or any successor of his in that right, ever sat or voted in
Parliament ; neither has any one offered to vote in right of that peerage at any
election, general or particular, since the Union.

" Rutherford. 11. That in the records of the Great Seal, in the keeping of the
Lord Register, anno 1661, there appears a patent, granting the dignity of Lord
Rutherford to Andrew Rutherford, and the heirs-male of his body ; which failing,
to whatsoever person or persons he should, by any writing under his hand, even
on death-bed, appoint to succeed him. The Lord Rutherford appears by the rolls
of Parhament to have sat or voted in the 1698, and Robert Lord Rutherford appears
to have voted at the election of sixteen peers anno 1715 ; and in the year 1 733 at the
election of a peer, in room of the Earl of Sutherland, then deceased, George Durie
of Grange appeared and voted as Lord Rutherford, without any objection. At
the general election the year following, 1734, the same person claimed his vote;
but he was protested against by Captain John Rutherford, who laid claim to the
honours of Rutherford, and gave m to the clerks his list in virtue thereof; against
which the said George Dury in his turn protested ; and in the election, anno 1738,
of a peer to serve in Parhament in the room of the late Earl of Morton, these two
claimants renewed their protestations against each other, and tendered severally
their votes ; but whether any, or which of them, has a sufficient right to that
peerage, they cannot say.

" Newark. 23. That the patent creating David Leslie Lord Newark, appears in
the records of the Great Seal, in the keeping of the Lord Register, anno 1661,
limiting the descent to the heirs-male of his body ; it does not appear by the rolls
of Parliament that any one has sat or voted under that title since the year 1690;
neither has any one in right of that peerage offered a vote at any election since the
Union ; but whether it is extinct, by reason of failure of heirs-male of the body of
the patentee, they cannot take upon them to say.

" Eymouth. 24. That by a patent in the records of the Great Seal, in he
Chancerv OfBce, anno 1682, the dignity of Lord Eymouth is granted to John

Vol. il. 4 D

i8o EXTERIOR ORNAMENTS.

Churchill, afterwards Duke of Marlborough, and the heirs-male of his body: Thar
the iunuation ot this peerage does not appear trom the .ec.jids in Scotland to have
been altered, so as to be made descendible in he .ame clianuel with his other ho-
nours; and if no act of the crown, before the Uu,on, or ot ihe Pailiament of Great
Britain since, has interponed, that title seems to be extinct by the fadure of heirs-
male of the body of the patentee.

" Glassford. 25. That no patent of the honours of Glassford has been found on
record, excepting one in the year 1685, '" '^he records of the Great Seal, in the
Chancery Oltice, which grants that dignity to Francis Abercromby of Fitternier,
during all the days of his life. This lord does not appear to have ever sat in Par-
liament; and if no different patent has been obtained of this title, from that which
appears in the records, it died with him.

" Having, in these observations, laid before your lordships every matter that has
occurred to them, on such examination of the records, as the nature of the work,
the condition of the records, and the course of the business of the court would per-
mit, fit to create an opinion, that the several peerages, to which the obseiValions
refer, may be either determnied or conjoined in the same person, with other titles
of honour, in some cases separable, in others not; or to show, that though the titles
may be subsisting, yet the right thereto is controverted, they humbly certify to
your lordships, that they have not hitherto discovered from the records any reason
to doubt, that all and every the other peerages, in the roll or list above ingrossed,
not mentioned in these observations, are still subsisting and continuing ; though
objections may lie against some of them, not hitherto discovered, and that no one,
so far as they can discover, has hitherto controverted the right of the present pos-
sessors, by setting up a claim to any of these peerages.

" But before they leave this article, they must observe to your lordships, that
though the list of the peers, first above described, (a copy whereof is in the Ap-
pendix, p. 183. No. I.) was what the clerks looked upon as of authority ; yet, in
copying over rolls or lists, to be made use of at several elections since the Union,
they have added, but by what authority ' does not appear, two peerages, viz. that
of the Earl of Solway, and that of the Lord Dingwall. The question concerning the
last is of little importance, because the Duke of Orrnond, who voted as Lord Ding-
wall, by proxy, at the election of sixteen peers, anno 1710, stands attainted of high
treason, by an act of the first year of his late Majesty King George L But as to the
first, they take it to be their duty to state the matter to your Lordships, so far as it ap-
pears to them ; tobserving, that the peerage of Solway does not stand in the before-
mentioned roll or list, though it appears to have been interlined in some old copies
taken thereof, and entered between the title of Deloraine, and that of Hay, in the
rolls that have been made use of at the elections since the Union : They made
what enquiry they were able into the cause, why it did not stand in the so often
mentioned roll or list, and how it came afterwards to be added ; and from that en-
quiry an obvious reason appears, why that title was not entered on the roll; to wit,
that as the patentee, because of his nonage, was incapable to sit and vote, so
neither had any one taken upon him to present his patent in Parliament, which
was usually done, and an entry made in the minutes of Parliament, of its having
been so done, before the peerage was entered on the rolls of Parliament ; but as
this was omitted to be done in the last Parliament of Scotland, they cannot dis-
cover by what authority that peerage has, since the Union, been added to the
roll of peers ; nevertheless, since it has been so added, they presume humbly to
lay before your Lordships what appears to them from the records concerning it.
The patent appears in the records of the Great Seal, a/mo 1706, and grants the
honours of Earl of Solway to Lord Charles Douglas, now Duke of Queensberry,
and the heirs-male of his body ; which failing, to Lord George Douglas, third son
of the late Duke of Qiieensberry, and the heirs-male of his body ; which failing,
to any other son to be begotten by the said late Duke of Queensberry, not suc-
ceeding to the honours of Qiieensberry, and the heirs-male of such son's body.
Now, as the last patent of the honours of the Dukedom of Queensberry, bearing
the same date with the patent of Solway, viz. 17th June 1706, limits the succes-
sion of the dignity to the heirs of the tailzie ot the estate ; and as, by the tailzie
of the estate, which is recorded in the register of tailzies, the estate of Qiieensberry.
is limited to the present duke, and the heirs-male of his body ; which failing, to

EXTERIOR ORNAIMENTS. i&i

the said Lord George Douglas, and the heirs-male of his body ; which also foiling.
to any otiier son to be begotten ot the said late Duke, ajid the henb-male ot the
body of such son ; and as there is no maJe issue of the body of the said Duke of
Queensberry existing, except the present duke and his suns, the title ot Sulway
can never subsist separate from that of Qlleen^berry : Bui, as they l)elieve, that
in certain proceedings before your Lordships, in the )ear 1720, the present Duke
of Queensberry disclaimed the peerage of Solway, they must humbly leave it uith
your Lordships, whether the title of Soiway is a subsisting peerage at all ; it it is
subsisting, it would seem to be joined with that of Qiieensberry.

" As to the othur part of your Lordships' order, which requues the Lords of Ses-
sion to state in the roll or list to be laid before your Lordships, the particular limi-
tations of the peerages, so far as they shall be able, they must, in place of giving
your Lordships the satisfaction you expected, and that they wished to give, content
themselves with laying before your Lordships the following remarks ; which will
show, not only that they are not able, but also why the\ are not able to an-
swer your Lordships' expectation.

" First then, The> take the liberty to remark, that they cannot discover in the
records any patent of honour creating a peerage, earlier than the reign of king James
VI. Before that time, titles of honour and dignity were created by erecting lands
into earldoms and lordships, and probably by some other method that cannot
now, in matters so ancient, be with any certainty discovered : For a great many
noble families appear, from the rolls of Parliament, to have sat and voted in Par-
liament as lords of Parliament, though no constitution of the peerage, or title of
honour under which they sat, can be now found in the records : But as the con-
stitution in most ancient cases does not appear, and the chiet evidence ot the titles
being hereditary is the successor's regularly possessing the predecessor's rank in
Parliament, it is not possible, without hearing the allegations that may be made,
and examining the evidence that may be brought by contending parties, to form any
judgment of the limitations of such ancient peerages. As there is not, so far as
they know, any maxim hitherto established in the law of Scotland, that can be ap-
plied universally to determine the descent of peerages, where the original consti-
tution, or new grants upon resignation do not appear ; and ot the difficulty that
occurs in settling such questions, they lately had an instance in the case of the
peerage of the Lord B'raser of Lovat, v\hich is undoubtedly subsisting ; the last
lord, who sat in the Parliament 1695, dying without male issue, his eldest daughter,
and after her death, her eldest son, assumed the title, having obtained before the
Court of Session, in absence of the heir-male, a decreet, declaring their right thereto ;
and, on the other hand, his nearest heir-male claimed it, insisting that the honours
were descendible to heirs-male ; and brought his action before the Court of Session,
to have it so found and declared, and to reduce and set aside the foresaid judg-
ment by default : The court, where actions of the same kind had been thought
competent, and as such sustained before the Union, proceeded to hear the cause ;
and the parties having produced of either side all the documents they could, and
having been fully heard therecm, the Court reduced and set aside the foresaid de-
creet in absence, and found the titlein question descendible to heirs-male; and the
defender has hitherto acquiesced. But whether this judgment is of sufficient au-
thority, they humbly submit to your Lordships; having made mention of it chiefly
to show, that though, when the parties interested join issue, and furnish all the light
in their power towards the determination of the cause, the Court must give their
opinion, yet, where no party that may be interested is bound to appear, and to
produce or point out in the records, so far as they may be found there, the docu-
ments that are necessary to instruct their claim, it is next to impossible for any
court, or indeed for human industry, to make up a state of the interests of so many
persons as fall under this observation, with any tolerable certainty.

2.dly, They presume humbly to inform your Lordships, that through various ac-
cidents, the state of their records, particularly of their most ancient, is imperfect ;
for, not to mention other misfortunes, it appears by an examination, to be found
amongst the records of Parliament, 8th January 1661, that of the registers, which
having been carried to England, during the Usurpation of Cromwell, were bring-
ing back from London, after the Restoration, by sea, 85 hogsheads were, in a

iS2 EXTERIOR ORNAMENTS.

storm, shifted out of the frigate (the Eagle,) into another vessel, which sunk witii
those records at sea; and lo hogsheads more of the records, brouglil doan from
London at that time, lie still uno])ened in the general register-house, through some
neglect of the officers to whose charge they were committed, that cannot well be
accounted for ; so that, upon this separate account, your Lordships will perceive
a search into the ancient records cannot give reasonable satisfaction.

" ^dly,. After the practice of creating peerages by patent, the records, till of late,
have been so carelessly kept, that they cannot be absolutely depended upon; patents
of honour have passed the Great Seal, and yet copies of the patents so passed are
not to be met with in the Register of that seal ; and of this the patents of the Lord
Forrester, anno 1651, and of the Earl of Breadalbune, 1682, are instances; the
first of these was duly sealed in the 1651, but not entered in the register till the
year 1684 ; and the last was duly sealed in the 1682, but, to this hour, is not
entered into the register; besides that of volume 57. of the Register of the Great
Seal, in the keeping of the Lord Keeper, twelve leaves are lost, by some accident
now unknown ; and it appears from the minute-book, that the patent of Bargeny,
and several others, were passed at such time ; that they probably may have been
entered in some of those leaves that are lost.

" 4?Z'/y, They presume humbly to inform your Lordships, that it was a practice
very prevalent in Scotland for peers to make a resignation or surrender of their ho-
nours, whether originally created by patent, or by the more ancient methods, into
tlie hands of the sovereign, for new grants of those honours to such a series of heirs
as they intended for their successors ; and the new grants passed sometimes in the
form of patents of honour only, and sometimes in the form of charters of the
estates, containing a new grant of the limitation of the honours. Now, where this
last was the case, it must be attended with very great labour and expence of time,
to search for the titles of honour amongst all the charters of lands.

" ^tbly. The practice of Scotland went still farther ; and it was usual to obtain
grants of honours, not only to the grantee and his heirs-male, and of tailzie, refer-
ring to the particular entail then made, but also to his heirs of tailzie whom he
might thereafter appoint to succeed him in his estate, and even to any person
whom he should name to succeed him in his honours at any time in his life, or up-
on deathbed : Now, as it is impossible to trace through the records such nomi-
nations and appointment, which in some cases may be valid, though not hitherto
recorded, your Lordships will easily see, that the Lords of Session are not able to give
vour Lordships any reasonable satisfaction touching the limitations of the peerages
that are still continuing ; and your Lordships will further perceive the reason why,
in the foregoing observations, they speak so doubtfully of the continuance of
peerages, which, were they to judge only on what appears from the examination
they have had of the records, they should not doubt to report to be extinct, or so
conjoined \nx.\\ other titles of honour as not to be again separable.

" All which is most humbly submitted,

" Dun. Forbes, I. P. D."
" Edinburgh, I'jth Feb. 1740. i

APPENDIX.

No I.

ROLL OF THE PEERS OF SCOTLAND, PARLIAMENT 1706.

DUKES

EARLS VISCOUNTS

LORDS

Hamilton,

Nithsdale,

Balcarras,

Kenmure,

Balmerino,

Buccleugh,

Winton,

Forfar,

Arbuthnot,

Blantyre,

Lennox,

Linlithgow,

Aboyne,

Kingston,

Cardross,

Gordon,

Home,

Newburgh,

Oxenford,

Cranston,

Queensberry,

Perth,

Kilmarnock,

Irvine,

Burleigh,

Argyle,

Wigton,

Dundonald,

Kilsyth,

Jedburgh,

Douglas,

Strathmore,

Dumbarton,

Dumblane,

Maderty,

Athol,

Abercorn,

Kintore,

Preston,

Cupar,

Montrose,

Kelly,

Breadalbane,

Newhaven,

Napier,

Roxburgh.

Haddington,

Aberdeen,

Strathallan,

Cameron,

Galloway,

Dunmore,

Teviot,

Cramond,

MARQUISSES.

Lauderdale,

Melvill,

Duplin,

Reay,

Seaforth,

Orkney,

Garnock,

Forrester,

Tweeddale,

Kinnoul,

Ruglen,

Primrose.

Pitsligo,

Lothian,

Loudon,

March,

Kirkcudbright,

Annandale.

Dumfries,

Marchmont,

LORDS.

Eraser,

Stirling,

Seafield,

Bargeny,

EARLS.

Elgin,

Hyndford,

Forbes,

Bantr,

Southesk,

Cromarty,

Salton,

Elibank,

Crawford,

Traquair,.

Stair,

Gray,

Halkerton,

Errol,

Ancrum,

Roseberry,

Ochiltree,

Belhaven,

Marischal,

Wemyss,

Glasgow,

Cathcart,

Abercromby,

Sutherland,

Dalhousie,

Portmore,

Sinclair,

DutVus,

Marr,

Airly,

Bute,

Mordington,

RoIIo,

Monteith,

Findlater,

Hopetoun,

Semple,

Colvil,

Rothes,

Carnwath,

Deloraine,

Elphmston,

Ruthven,

Morton,

Callender,

Hay.

Ohphant,

Rutherford,

Buchan,

Leven,

Eraser of Lovat,

, Ballenden,

Glencairn,

Dysart,

VISCOUXTS.

Borthwick,

Newark,

Eglinton,

Panmure,

Ross,

Nairn,

Cassilis,

Selkirk,

Falkland,

Torphichen,

Eymuuth,

Caithness,

Northesk,

Dunbar,

Spynie,

Kinnaird,

Murray,

Kincardine,

Stormont,

Lindores,

Glassford.

VoL.n.

4E

1 84 EXTERIOR ORNAMENTS.

No II.

COPIES OF THE WORDS OF LIMITATION IN THE SEVERAL
PATENTS REFERRED TO.

Com:tes. MONTEITH.

PViUielmus Comes Taicbie lie Monteith.

Carolus, &c. Volumus et concedimus quod prasfatus Willielmus Comes Taichie
Ultimo ju-Hseredesq: sui Masculi et Tallie Comitatus Taichie Comites Jernie et Taichie lie
Hi 1631. Stiathern et Monteith omni tempore a futuro appellentur et vocentur.

Dominus Ro^ertus Ker de Ancrame Miles.

Carolus, &c. Fecisse, constituisse, et creasse, dictum Dominum Robertum
Comitem de Ancrame, nobis tamen ita visum est, ut dictus Titulus, &-c. immediate
post ipsum, ad Hseredes Masculos inter eum et Dominam Annam Stanley unicam
Willielmi Comitis de Derbie Filiam immediate descendet ; veram si Deo visum
fuerit, quod Haeredes Masculi dicti Domini Roberti suaeq: Conjugis absque Hasre-
dibus Masculis de eorum corporibus procreand' decesserint, tunc, et in eo casu,
-1'" J™" dictus Titulus ad alios Haeredes Masculos diet' Domini Roberti Ker, eorumq: Hie-
^ ■'■^' redes Masculos, in perpetuum descendet.

FORFAR.

Archibaldus Douglas Filius legitimus natii maximus inter Demortuum Archihaldum
Angusia Comitem, et Dominam Jeannam Wemys Procreat'.

Carolus, &.C. Fecisse, constituisse, et creasse, memoratum Dynastum Archibal-
brkieaT.dum Douglas, ejusq: Haeredes Masculos, Comitem de Forfar.

DUMBARTON.

Dynasta Georgius Douglas Filius natu tertius Demortui Gulielmi Marchionis de
Douglas.

Carolus, &c. Fecisse diet' Georgium, et Ha;redes Masculos, ex corpore sue,
Tj^?"' Comites de Dumbarton.

MELVILL.

* Georgius Dominus Melvill.

GuLiELMUS et Maria, &c. Nominasse, fecisse, constituisse, et creasse eundeni
8vo Apri. Georgium Dominum Melvill Comitem, &c. Comitem de Melvill, &-c. designandum.
lis 1690. J)^JJJ^5 pQj-i-o^ concedimus, et conferimus, in diet' Georgium Doiainum Melviil, et

Haeredes Masculos de ejus Corpore, in perpetuum, antedictum titulum Comitis,

&c.

EXTERIOR ORNAxMENTS.

Dominiis Joannes Hamilton, Filius ntiperi Dticis ck Hamilton.

GuLiELMUs, &c. Nominasse, fecisse, constituisse, et creasse eundem Dominuni
Joannem Hamilton Comitem, &.c. Comitem de Ruglcn debigiiandum. Danius por-
ro, conferimus in dictum Dominum Joannem Hamilton, et H;eiedes Masculos de
ejus corpore ; quibus deficien', Hasredes de ejus corpora quoscunque antedictuiu 'j|'° ^r.''
Titulum, &-C. Comitis. ' ' *''

Bominus Carolus Hamilton, Filius le^itimus ordim nascendi seciindiis Gulielmi Diicis
de Hamilton.

Jacobus, &-c. Fecisse, constituisse, et creasse memoratum Dominum Carolum
Hamilton Comitem de Selknk, &c. Ac damus, concedimus, et conferimus in eun-
dem Dominum Carolum Hamilton, et Ha;redes Masculos ex ejus Corpoie ; quibus
deficien', in Dominum Joannem Hamilton, Filium legitimum natu tertmm Guliel-
mi Ducis de Hamilton, et Hsredes Masculos ex ejus Corpore legitime procieand' ;
quibus deficien', in Dominum Georgium Hamilton, ejus Filium legitimum natu
quartum, et Haredes Masculos ex ejus Corpore legitime procreand' ; quibus defi-
cien', in Dominum Basilium Kamilton, Filium legitimum diet' Ducis natu quin-
tum, et Haeredes Masculos ex ejus Corpore legitime procreand' ; quibus deficien'
Dominuni Archibaldum Hamilton, Filium ejus sextum et natu minimum, et Ha-
redes Masculos ex ejus corpore legitime procreand' ; quibus omnibus deficien', in
alios Haeredes Masculos dicti Ducis de Kamilton, et in Literis suis Patentibus con- ,
tentis antedictum Honoris et dignitatis Titulum Comitis de Selkirk, &c. i^s i6

SEAFIELD.

yacohus J'icecomes de Se afield.

GuLiELMUs, &-C. Fecisse, constituisse, et creasse eundem Jacobum et Hreredes
Masculos de ejus Corpore; quibus deficien', alios Haeredes Tallin sibi in Terris suis 24,0 ju
Baroniis, et Statu succedend', Comites de Seafield. j-oi.

Jacobus Dominiis Deskfoord.

Carolus, &C. Fecisse, constituisse, creasse, et inaugurasse prasfatum Jacobum,
Dominum Deskfoord, Comitem de Findlater, et dedimus et concessimus, diet' Do-
mino Deskfoord suisque ha^redibus Masculis de Corpore suo legitime procreat' ipsi^omoF
in Patrimonio, et Statu de Findlater et Deskfoord, succedend' Titulum, &.c Co- '"■"^■■''
mitis. '^^°-

Bominus Carolus Douglas, Filius secundus Ducis de ^leensberry.

Anna, &.c. Fecisse, constituisse et creasse dictum Carolum, et Haeredes Mascu-
los de suo Corpore ; quibus deficien', Dominum Georgium Douglas Filium legiti-
mum natu tertium diet' Ducis de Queensberry, ej usque Haeredes Masculos de suo
Corpore ; quibus deficien', Filium legitimum natu juniorem procreat' seu procre-
and' de corpore diet' Ducis dignitati et Statui de Qiietnsberry non succedend'.et
Haeredes Masculos de ejus Corpore, Comites de Solway.

186 EXTERIOR ORNAMENTS.

e«oM.. OXFURD.

Dominus Jacobus M'Gill de Cranston M'Gill Miles Baroneius.

Carolus, 8tc. fecisse, constituisse, et creasse, dictum Dominum Jacobum M'Gill
de Cranston M'Gill Militem Baronetum, ejusq: Haeredes Masculos Talliae et Pro-
no Apri- visionis quoscunque, Vicecomites de Oxfurd, et Dominos M'Gill de Cousland.

TEVIOT.

Dominus Thomas Livingston, Miles.

GuLiELMUs, &c. fecisse eundem Majorem Generalem Dominum Thomam Li-
DDecem- vingston, et Hceredes Masculos legitime procreates scu procreandos de suo Corpora,
is 1696. Vicecomites de Teviot.

Thomas Hay de Balhoiisie.

GuLiELMUS, &-C. nominasse, fecisse, constituisse, et creasse praefatum Thomam
Hay de Balhousie Viecomitem, Vicecomitem de Duplin nuncupan' inque eundem
Dominum Thomam Hay, et Hieredes Masculos de Corpore ejus legitime procreat;
quibus deficien' Haeredes ejus Talliae, Titulum Vicecomitis damns, &C.

GuUehnus Comes de Kinnoul, et Thomas P'icecomes de Duplin.

^\nna, Sic. dedisse et concessisse prsedict' Gulielmo Comiti de Kinnoul, durante
ejus Vita ,et quo per decessum deficiente praedicto Thomae Vicecomiti de Duplin, et
Haeredibus Masculis legitime de Corpore suo procreat' vel procreand'; quibus de-
ficien' Haeredibus suis Tallia; et Provisionis illi in terris et Baronia de Duplin, suc-
cedentibus, antedictum Titulum, &c. Comitis de Kinnoul, Vicecomitis de Duplin,
&-C. et volumus et declaramus quod hoc presens Diploma nuUo modo preejudicabit
Diplomati, per quondam nostrum Fratrem Gulielmum Regem, beatae Memorias,
prsedict' Thomae Vicecomiti de Duphn, concesso de Titulo et Honore Vicecomitis
dedata.

JEDBURGH.

Robertus Ker de Fernherst.

Carolus, &c. Creamus, facimus, et constituimus pracnominatum Robertum Ker
de Fernherst, Dominum de Jedburgh, ac damus et concedimus ei et Haeredibus
Masculis ex ejus Corpore ; qaibus deficien' Willielmo Magistro de Newbottle, et
Haeredibus Masculis ex ejus Corpore; quibus deficien', diet* Magistri de Newbottle
Haredibus Masculis quibuscunq: Titulum. Honorem, Ordinem, et Dignitatem
Domini de Jedburgh, &c. cum prascedentia et ordine Andreae Domini de Jedburgh
secundum Literas patentes dedat' 2do Febrii 1622.

COUPAR.

Jacobus Dominus de Coupar.

Jacobus, &c. Sciatis nos dedisse, concessisse, et disposuisse Jacobo Elphinstone,
FiHo legitime nostri Consiliarii Jacobi Domini de Balmerinoch nostri Secretarii ac
Presidentis nostri CoUegii Justitii, inter ilium et Dominam Marjoriam Maxwel ejus

EXTERIOR ORNAMENTS. 187

Sponsam legitime procreat' suisque HxTcdibus Musculis de Corporc suo legitime
procieandis; quibus doficientibus pra-tato Jacobo Damino de Balmerinoch ejus
Patri, suisque Hicredibus Masculis et Talli:e in suo Inreotamento Ten'avum, et Ba-
roniee de Balumbie contentis liKreditarie; omnes et singulas Terras, Baronias, Mo-
lendina, 8tc. et nos ereximus, creavimus, et inc jrporavimus omnes prtedictas ter-
ras, &-C. in unum liberum Temporale Dominium et Baroniam praefato Jacobo
Elphinstone, suisq: H.xredibus Masculis et Talli;e, pracdict' Dominum et Baroniam zomoDe-
de Coupar nuncupan' dando et concedendo dicto Jacobo suisque Ha.'redibus Mas- "^"^
culis priedictis, Titulum, &.c. unicis libeii Baronis, ac nostri Parliament! Domini,
omni Tempore a future Dominos de Coupar nuncupandos.

CRAMOND.

Elizabetha Domina Richardson, et Domimis Thomas Richardson, Miles, ejus Filiiis.

Carolus, &c. Fecisse, creasse, & constituisse Elizabetham Dominam Richardson,
conjugem Domini Thomas Richardson, Militis, Justiciarii principalis in Foro Cau-
sarum communi in Palatio Westmonasteriensi, pro toto Tempore Vitre suas, Ba-
ronissam de Cramond; ac post illius Decessuin, creamus perq: Modum Succes-
sionis, Dominum Thomam Richardson Militem, Filium et Hasredem dicti princi-
palis Justiciarii, Dominum Baronem de Cramond. Dando, &-c. eidem post deces-
sum diet' Dominae suisque Ha^redibus Masculis; quibus deficien' Haeredibus Mas-
culis de Corpore diet' Domini Thoms Richardson Patris post Decessum praefat' ultimo
Dominae, Titulum, &.c. Baronum Parliamenti, tenend' et habend' pra.-fat' Titulum f^j™'"
Domini Baronis de Cramond, post Decessum prtefat' Dominre, cum Suffragio in
Parliamento, cummodo personaliter presentes fuerint, et non aliter.

KIRKCUDBRIGHT.

Dominus Robert us MClellan, Miles.

Carolus, &c. Fecisse, creasse, et constituisse dictum Dominum Robertum
M'ClelLm, Dominum de Kirkcudbright; dand' et concedend' sibi suisq: Haeredi-
bus r.Iasculis, Cognomen et Arma dicti Domini Robert! geren' Titulum Domini; 25(0 junn
quoquidam Titulo, &.c. Domini de Kirkcudbright, ttos investivimus dictum l>omi- '^^s-
num Robertum Hseredesq: suos Masculos antedict'.

ABERCROMBIE-.

Dominus Jacobus Sandilands de St Monance, Miles.

Carolus, Etc. Dedisse, concessisse, et disposuisse, Memorato Dommo Jacobo
Sandilands, ejusq: Ha^redibus Masculis ex Corpore suo legitime procreat' seu pro- umoDe-
creand' Titulum, &.c. Domini; ac damus, &.c. quod ille ejusq: H;eredes et Succes- "^^j""
sores praedict' indignitabuntur et nominabuntur Domini de Abercrombie, omni
tempore future.

RUTHERFURD.
Andreas Rutherfurd, Legatus Generalis.

Carolus, &-c. Fecisse, nominasse, constituisse, et creasse, Dominum Rutherfurd
de viz. ipsum Andream ejusque Haeredes Masculos ex Corpore suo legi-
time procreates seu procreandos; quibus deficientibus, quamcunque aliam Per-
sonam seu Personas quas sibi, quoad vixerit, quinetiam, in Articule Mortis ad ei
succedendum; ac fore ejus Hsredes Tallin &. Provisionis in eadem Dignitate, no-

VoL.n. 4F

1 88 EXTERIOR ORNAMENTS.

minare et designaie placuerit, secundum Nominationem et Designalionem Manu
ejus subscribendam, subsque Provisionibus, Restrictionibus, et Conditionibus, a
diet' Andrea pro ejus Arbitrio in dicta Designatione expiiinendis: Ac dedisse et
concessisse Tenoreq: Presentium dare, &-c. ei, ejusque antedict' dictum Titulum,
jjno ja- Honorem, Dignitatem, et Gradum Domini Parliamenti, ut ua tempore fiituro vo
n<iarui66i. citentur et denominentur, cum Potestate sibi sulsque antedict' denominandi et de-

signandi semetipsos Dominos Rutherfurd de ac gaudendi et fruendi ea

dem Dignitate, &c.

NEWARK.

David Leslie, Legatus Generalis.

Caholus, &c. Fecisse, constituisse et creasse diet' Legatum nosti<um Generalem

Davidem Leslie, et Hoeredes Masculos ex Corpore suo legitime procreat' Dominum

de Newark; ac dedimus et concessimus Memorato Legato nostro Generali ejusque

pra?diet' antedictum Titulum, ut Domini de Newark omni Tempore future deno^

Ultimo minentur et designentur.

Aug.i66i,

AYMOUTH.

Johannes Churchill, Militem Tribunus.

Carolus, &c. Nominasse, fecisse, constituisse &- creasse praefatum Joannem
Churchill Tribunum antedictum Dominum, Dominum Churchill de Aymouth
omni Tempore futuro designandum; dando et elargiendo diet' Joanni Churchill

cembris" haeredibusq: Masculis ex suo Corpore proereatis vel proereandis, prsedictum Titulum,

i68i. gtc. ut praedicitur.

GLASFOORD.

Franciscus Ahercromhie de Fetternier.

Jacobus, 8ic. Nominasse, creasse, et inaugarasse prtefatum Franeiseum Aber-
crombie Fetternier (omnimodo assumentem Cognomen de Sempil, ac insignia Gen>-
tilitia ejusdem gerentem) Liberum Dominum, Dominum Glasfoord denominand'
duran' omnibus su» vitae diebus.

3

The following is a Copy of the iHstrumciil taken by Mr William Wilsok,
one of the Uiidcr-Claks of Sessio//, at Depositing the Regalu of Scoria. \d
in the Castle of Edinburgh : And agreeable to this Description the f Halving
Copperplate is^ with great accuracy, engraved.

AT the Castle of Edinburgh, and within the crown-room there, bctv.ixt the
hours of one and two afternoon, of the 26th day of March, in the one
thousand seven hundred and seventh year of our Lord, and sixth year of the reign
of her Majesty, Anne, by the grace of God, Qiiccn of Scotland, Enghmd, France
and Ireland, Defender of the Faith; the which day, in presence of us notaries pub-
lic, and witnesses under subscribing, compeared personally William Wilson, one of
the Under-Clerks of Session, Depute-Marischal, for himself, as procurator for, and
in name and behalf of William Earl Marischal, Lord Keith and Altrie, isc. Great
Marischal of the Kingdom of Scotland, Heritable Keeper of the Regalia thereof,
viz. crown, sceptre, and sword ; and there, in presence of David Earl of Glasgow,
Lord Boyle, &.c. Lord Thesaurer- Depute, who, for himself, and in name of the re-
manent Lords Commissioners of Thesaury, was present to receive the above re-
galia, the said William Wilson, after producing and reading a piocuratory granted
by the said noble earl to him, of the contents therein, and after mentioned, dated
and registrate in the books of Council and Session, on the 25th day of March in-
stant, did also produce to the said Lord Thesaurcr-Depute, a schedule, signed by
him, and us notaries public undersubscribing, containing an inventory and parti-
cular description of the said regalia, as follows : The imperial crown of

SCOTLAND is of purc gold, enriched with many precious stones, diamonds, pearls,
and curious enamellings; its parts and specific forms are these, imo, It is com-
posed of a large broad circle, or fillet, which goes round the head, adorned
with twenty-two large precious stones, viz. topazes, amethysts, garnets, emeralds,
rubies, and hyacinths, in collets of gold of various forms, and with curious ena-
mellings, and betwixt each of these collets and stones are interposed great orien-
tal pearls, one of which is wanting, zdo. Above the great circle there is another
small one, formed with twenty points, adorned with the like number ot diamonds
and sapphires alternatively, and the points are topped with as many great pearls;
after which form are the coronets of our lords barons. 3/w, The upper circle isrele-
vate or heightened with ten crosses fleury, each being adorned in the centre with
a great diamond, betwixt four great pearls placed in the cross i and j, but some
of the pearls are wanting; and the number extant upon the upper part of the
crown, besides vi'hat are in the under circle, and in the cross patee, are fifty-one,
and these crosses fleury are interchanged with other ten high flower-de-luces, all
alternatively with the foresaid great pearls, below which top the points of the se-
cond small circle. Nota, This is said to be the ancient form of the crown of Scot-
land, since the league made betwixt Achaius King of Scots and Charles the Great
of France, the specific form of our crown differing from other imperial crowns, in
that it is heightened or raised with crosses fleury, alternatively with flower-de-luces;
the crown of France is heightened only with flower-de-luces ; and that of England
with crosses patee, alternatively with flower-de-luces. Our crown of Scotland,
since King James VI. went to England, has been ignorantly represented by
herald-painters, engravers, and other tradesmen, after the form of the crown of
England, with crosses patee, whereas there is not one but that which tops the
mond, but all crosses fleury, such as we see on our old coins, and these which top
our old churches, these crowns were not anciently arched or close. Charles VIII.
of France is said to be the first in France who took a close crown, as appears by
his medals coined in the year one thousand four hundred and ninety-five, being
designed Imperator Orientis: Edward V. of England, in the year one thousand
four hundred and eighty-three, carried a close cro.vn, as is obsei-ved by Selden;
and ovu- crown is arched thus: 4/0, From the upper circle proceed four arches

ipo

INSTRUMENT, 'dc.

adorned with enamelled figures, which meet and close at the top, surmounted with
a mend of gold, or celestial globe, enamelled blue seme, or powdered with stars,
wrossed and enamelled with a large cross patee, adorned in the extremities with a
great pearl; such a cross tops the church of Holyroodhouse, and cantoned with
other four in the angles: In the centre of the cross patee there is a square ame-
thyst, which points the fore part of the crown; and behind, or on the other side,
is a great pearl, and below it, on the foot of the paler part of the cross, are these
characters, J. R. 5. By which it appears King James V. was the first that closed
the crown with arches, and topped it with a mond and cross patee. But it is evi-
dent, nno. That the money and medals coined in the reigns of King James III.
and IV. have a close crown ; and it is no less clear, that the arches of the crown
were not put there from the beginning, or at the making of the crown; Because,
imo. They are tacked by tacks of gold to the ancient crown, zdo. The work-
manship of the arch is not so good, and there is a small distinction in the fineness
betwixt the first and the last, the latter being superfine gold, and the other not so
exactly to that standard, whereof trial has been made. 5/0, The tire or bonnet of the
«:rown was of purple velvet; but in the year one thousand six hundred and eighty-
live it got a cap of crimson velvet, adorned as before with four plates of gold,
richly wrought and enamelled, and in each of them a great pearl, half inch in
diameter, which appear between the four arches, and the bonnet is turned up with
ermine; upon the lowest circle of the crown, immediately above the ermine, there
are eight small holes, disposed two and two together, on the four quarters of the
crown, in the middle space betwixt the arches, to which they have laced or tied
diamonds, or precious stones: The crown is nine inches broad in diameter, being
twenty-seven inclies about, and in height, from the under circle to the top of the
cross patee, six inches and a half; it always stands on a square cushion of crimson
velvet, adorned with fringes, and four tassels of gold thread hanging down at each

corner. The sceptre. The stalk or stem of the sceptre being silver, double

over-gilt, is two foot in length, of hexagon form, with three buttons or knobs an-
swering thereto: Betwixt the first button and the second is the handle, of hexagon
forn\, furling in the middle, and plain; betwixt the second button and the third
there are three sides engraven; that under the Virgin Mary, one of the statues
that are on the top of the stalk, is the letter y. Upon the second side, under St
James, the letter R. And on the third, under St Andrew, the figure 5. The side
betwixt y and R is engraven with fourteen flower-de-luces ; and on the side be-
twixt the figure 5 and the letter y are ten thistles continued from one stem ; from
the third button to the capital the three sides under the statues are plain; on the
other three are antique engravings, viz. sacramental cups, antique Medusa's heads^
and rullion folliages; upon the top of the stalk is an antique capital of leaves im-
bossed ; upon the abacus whereof, arises round the prolonged stem, surrounded
with three statues, xst, That of the Blessed Virgin, crowned with an open crown,
holding in her right arm our Blessed Saviour, and in her left hand a mond, en-
signed with a cross: Next to her, on her right hand, stands the statue of St An-
drew, in an apostolical garment, and on his head a bonnet like a Scots bonnet,
holding in his right hand a cross or saltier, a part whereof is broke off, and in his
left, elevate, a book open: On the Blessed Virgin's left hand, St Andrew's right
hand, stands another statue, seeming to represent St James, with the like apostoli-
cal garment, and an hanging neck superadded thereto, and upon his head'a little
hat like to the Roman pileum; in his right hand, half elevate, a book open, and in
his left a pastoral staff, the head is broke off, and above each statue, being tw^o
inches and an half, (excepting the Virgin, which is a little less) the finishing of a
Gothic niche: Betwixt each statue arises a rullion in form of a dolphin, very
distinct, in length four inches, fohage along the body, their heads upward and
affronted inward, and the turnings of their tails ending in a rose or cinquefoil out-
ward: Above these rullions and statues stands another hexagon button, or knot,
with oak leaves under every corner, and above it a chrystal globe of two inches
and a quarter diameter, within- three bars jointed above, where it is suimounted
with six rullions; and here again with an oval globe, topped with an oriental pearl,

an half inch diameter: The whole sceptre in lengrh is thirty -four inches. The

SWOR.0. The sword is in length five feet; the handle and pommel are of silver

INSTRUMENT, ^c. jyr

over-gilt, in length fifteen inches; the pommel is round, and somewhat flat on the
two sides; on the middle of each theie is, of embossed woik, a garland, and in the
centre there have been two enamelled plates, which arc broke otV; the travel =c, or
cross of the sword, being of silver, ov»r-gilt, is in length seventeen inches and an
half; its form is like two dolpliins, their heads joining, and their tails end into
acorns; the shell is hanging down towards the point of the sword, formed like an
escalop flourished, or rather like a great oak leaf; on the blade of tiie sword arc
indented with gold these letters, Julius II. P. The scabbard is ot crimson velvet,
covered with silver, gilded and wrought in philigram work, into branches of the
oak tree leaves and acorns; on the scabbard are placed four round plates of silver,
over-gilt; two of them, near to the crampet, are enamelled blue, and thereon in
golden characters Julius II. Ton. Max. N. At the mouth of the scabbard, op-
posite to the heck, is a large square plate of silver, enamelled purple, in a cartoucii
azure, an oak tree eradicated and fructuated or; and above the cartouch the
papal ensign, viz. two keys in saltier adosse; their bowls formed like roses, or
cinquefoils, tied with trappings, and tassels hanging down at each side of the car-
touch: Above the keys is the papal tiara, environed with three crowns, with two
labels turned up, adorned with crosses. Pope Julius 11. who gifted the sword to
King James IV. had, for liis armorial figures, an oak tree fructuated, which is the
reason the sword is adorned with such figures, a hill and a star; which figu\es I
find not on any part of the sword : if they liave been on the two enamelled plates
which are lost off from the pommel, I know not ; but it is certain the Pope had
such figures, as appears by these verses made by Voltoline, a famous Italian poet,
as the same are mentioned by Hermanus Hermes, a German writer, who gives us
these lines found in the monastery :

Qiiercus, mons, Stella, formant sua stemmata, princcps;
Hisque tribus trinum stat diadema tuum.
Tula nans Petri mediis non llectitur undis;
Mons tegit a ventis, stellaque monstrat iter.

Vol. II. 4 G

'SCC'

APPENDIX.

GENEALOGICAL ACCOUNT
OF

KEITH, Marischal of Scotland ;

From the Genealogical Historj of the Family, and other authorities.

THE family derives its origin and descent from the Catti, a people bordering
on the Saltus Hercynius ; who were the only Germans that made the first
stop to the Roman conquest in the time of Augustus Cssar, till the reign of Tibe-
rius his successor, when they were entirely routed under the conduct of Germani-
cus, as some writers relate, particularly Hadrianus Junius in his Historia Bataviir,
dedicated to the States of Holland, anno 1575. Upon which overthrow a part of
the Catti submitted to the Roman yoke, to retain their possessions in their native
country ; which is now under the dominion of the Landgrave of Hesse-Cassel ;
who, amongst his other titles, designs himself Princeps Cattorum : But the most,
preferring their liberty, left their country, in order to find out an habitation where
they might enjoy it. These, under their leader Battus, (as the foresaid Junius has
it) accordingly fixed about the mouth of the Rhine, from whence the country was
named Batavia, from their said leader ^z/aj-i Batton-have ; for have, in the old lan-
guage, sfgnified what the Latins call peculium. The Catti, the above author says,
built a castle on the banks of the Rhine, called from their ancient name Catienel-
bogen, which is reckoned in the Hessian territories.

A neighbouring people, called the Mbravii, were expelled by the same con-
querors ; and, under Roderick their leader, landed at the Frith now called Mur-
ray Frith, in the reign of Corbred I. King of Scots, about the 63d year of Christ,
and were kindly entertained by that prince, as being very serviceable to him in
his wars against the Romans, for which they were rewarded with the lands called
Murray to this day.

Sometmie after, in the reign of Corbredus IL surnamed Galdus, the foresaid
Batavian Catti sent a colony of their number to seek habitations in the isle of
Britain ; and being dispersed in a storm, some of them (whom Camden calls Catti
Euchlani) were carried to the mouth of the river Thames, where they all pro-
bably designed, as being the nearest coast ; and the rest were driven to the north-
ern parts of Scotland, (whom Fordun calls Catti Meliboci) and landed in that part
thereof now called Caithness ; which name had its rise from the Catti and the word
ness, which in the old Scots Irish signifies a cape or promontory, quasi promontorium
Chattorum, perhaps from the cape where they first landed : Under which name, at
first, were included not only the present Caithness, but also Sutherland and Strath-

2 APPENDIX.

naver ; and the inhabitants Cattl, or in the Scots Irish, Cattegh. In process of time
the n;;ine ol" Caithness was restricted to the shire so presently called; and the rest
were called Sutherland, from the southern situation with respect to Caithness ; As
appears by Mr Bleau in his Geography, Camden, Brand, and others.

However the Cdti remained possessors of these lands, and were as kindly
received by the then king, to whom they were as serviceable as the Moruvii
then- countrymen had been to his father, in the wars against the Romans their
invaders.

They continued in the possession of their lands for upwards of 900 years : In
which time they spread out in several branches through the highlands, and are at
this day distinguished by several surnames, such as Keith, Sutherland, Clan Mhur-
rich or Macpnerson, Macgilvray, &C. under the general denomination of Clan
Chattan.

In the time of King Malcolm II. of Scotland, who began his reign anno 1004,
Sueno King of Denmark having conquered England, and overthrown their King
Ethelred, resolved to reduce likewise Scotland to his obedience; and was for a
considerable time successful in his attempt, till King Malcolm obtained a singular
victory over the Danes, under the command of their general Camus, a kinsman
of Sueno, at Bairy, six miles from Dundee. Which victory was chiefly attributed
to the valour of the Catti, under the conduct of Robert their leader ; who, besides
, his good service in the battle, pursued Camus and the surviving part of the Danes,
as they were endeavouring to retreat into Murray, (then in the Danish possession)
and overtook and killed them two miles from the place of battle ; where Camus
(a person of gigantic stature, and prodigiously strong) fell by the hand of Robert,
in a single duel, Upon report of which, King Malcolm was curious to see the
place, and the body of Camus; and having come up for that purpose, and there-
upon commending sufficiently the valour of Robert, he dipped his three middle
lingers in the blood of Camus, and therewith drew three perpendicular strokes on
the upper part of Robert's shield; and having before the battle assured his soldiers
that God (whose house those savages had demolished, and whose services they had
despised) would grant them victory, said to those about him, Veritas vincit ; which
pales and words Robert's successors have of old carried for their arms and motto,
in memory of this great action. This battle was fought in the year loio.
. There is mentioned by Camden in the edition 1722, col. 1257, and extant to
this day, an obelisk of stone, called by the vulgar Camus-cross ; and the little
village near by retains the name of Camustoun to this day. And Boethius says,
that in his time multitudes of prodigious bones were digged up in the adjacent
fields, with a huge stone coffin, in which were found several large bones, supposed
to be those of Camus.

In regard of so great service the king was pleased instantly to bestow upon
Robert the honour of knighthood, and created him heritable Great Marischal of
Sci^tland ; which his posterity have since enjoyed, and several lands which the
king bestowed upon him (particularly some in East Lothian) were from his name and
office called Keith-Marischal, and the small island in the river of Forth called
Inch-Keith, &.C. The ancient name of Cbatti, or Catti, being by process of time,
according to the Scots dialect, transposed to Kethi, Kejcbt, and still more lately,
for softness of pronunciation Keitb : Which became an hereditary surname to this
illustrious family.

I. Sir Robert was married on Margaret Eraser, daughter to Simon Eraser of
Tweeddale, by whom he had a son called after his own name.

II. This Robert, second of the name. Great Marischal of Scotland, when Sueno
King of Norway invaded Scotland, in the time of King Duncan, commanded a
parr of the Scots army at the battle of Culross, where the Scots were defeated.
Thereafter he, with Banquo and Macbeth, fell upon the Norwegians in their camp,
and cut them almost entirely oft"; so that there was scarce so many saved as to
carry off their king to his ships. Which overthrow is mentioned by all our histo-
rians. He married a lady called Elizabeth Strachan, of whose parentage we have
no certain account ; and was succeeded by his son,

2

APPENDIX. 3

III. Sir Robert Keith, who married Elizabeth Cuming, daughter to John
Cuming, a potent m;in, who was by Alexander I. King ot" Scotland, advanced
f>, im nier.is, to great honour and riclies. And laid the foundation of many great
families of his name. Sir Robert was succeeded by his son,

IV. Sir Patrick. Iveith Manachal, who married Maigaret iMair, daughter to the
Earl of Marr : Their son

V. Sir WiLLiAii Kj£ith Marischal of Scotland, with the Earls of March, Mon-
teith, and Angus, encountered the English at Allerton in England; and, after a
bloody battle, proved victorious, took many prisoners, among whom was King
Stephen's general, in the year 1133, in the reign of King David 1. Sir William
had for his wife Eliiabeth Seaton, daughter to the Earl of Winton's predecessor,
who bore to him

VI. Sir Robert Keith Maiischal. He, with Gilchrist Earl of Angus, went
with forces against Somerled Thane of Argyle, and the other rebels, who took arms
against King Malcolm IV. defeated and dissipated them. He married Elisabeth
Eraser, daughter to Eraser of Twceddale» His son and successor

VII. Sir Hknky Keitu Marischal, who, by virtue of his ollice, attended King
William the Lion in his e.x^peJition against King Henry II. of England ; and,
with the Earl of Angus, defeated the English, after the king had been treacherously
surprised by a party of the enemies' horse at Alnwick. This Sir Henry granted a
charter to the monks of Kelso, of the patronage of the church of Keith, in pure-
and perpetual alms, to pray for the health of his soul, as in the register of Kelso,
MS. He married MargaieL Douglas, daughter to William, chief of that name :
His son and successor was

Vtll. Sir Robert Keith Marischal. He accompanied King William and his
brother David Earl of Huntingdon into England, to congratulate King Richard's
safe return from the Holy Land ; and afterwards, with the Earls of Fife and
Athol, led an army against the rebellious islanders, whom they defeated. He
married Jean Gordon, daughter to the chief of that name. He was succeed-
ed by

IX. Sir WitLiAM Keith, who attended, by virtue of his office as Marischal,
King Alexander II. in his progress through the northern parts of Scotland;
and afterwards, with his cousin the Earl of Buchan, marched against the re-
bel Gillespie, whom they took, with his two sons, who were all beheaded. He
married Agnes Dunbar, daughter to the Earl of March : And was succeeded by
his son

X. Sir Robert Keith. He marched with King Alexander III. against Acho
King of Norway, who was routed and defeated. Sir Robert married Jean Ogilvie,
daughter to the chief of that name.

XI. Sir John succeeded his said father; and married Margaret Cuming, daughter
to the Earl of Buchan : Their son

XII. Sir Robert Keith Marischal shared largely of the troubles wherewith the
country was shaken after the death of Alexander III. during the wars betwixt
Scotland and England. He would not comply with the English, though nearly
allied to the Cumings, who were deeply engaged in that interest. He married
Barbara Seaton, daughter to the Earl of Winton's predecessor, by whom he had
Sir Robert, who succeeded him, and two daughters, one married to William Lord
Douglas, to-named the Hardy : She bare two sons. Good Sir James Douglas, who
raised the family of Douglas, and his brother Hugh.

XIII. Sir Robert Keith Marischal was a most zealous defender of his country
against the English. When his^brother-in-law, William Douglas, was dispossessed of
his land, and cast into prison by the English, where he died in anno 1280, he sent
his nephew, called afterwards Good Sir James, to France, and bred him upon his
own charges ; and, when he came home, entered him upon the course of loyalty
and virtue by which he and his family rose to so much honour. The Marischal
deserted the then king, John Baliol, upon \vs surrendering the sovereignty of the
kingdom to the English, though John Baliol gave him a new charter of his lands
of Keith, Michelston, EUem, Molener, Stc. in Ubgram waneniam (as Sir James
Dalrymple in his Collections) and Sir Robert Sibbald, in his History of Fife, says,
" In the year 1309, Robert de Keith Marischal, and Justiciar benorth Forth,

Vol. U. 4 H

4 APPENDIX.

" appoints an inquest of some barons, freeholders, and others, of Fife, to determmt
" a dilference betwixt the abbot of Lindures arid the town of Newburgh ; and'
" theie was also present Sir Walter de Keith." The Marischal went over to King
Robert Bruce's interest, and contributed his utmost endeavours to bring that brave
prince to the throne. He was the chief instrumerit of gaining the battle of In-
veruiy, which was the hrst ever that great prince obtained, and ushered in all his
other glorious victories : For which King Robert gave him one of his own houses
called Hall-Forest, and several lands near about. At the battle of Bannockburn'
he commanded 500 horse, and gave the first onset, and defeat a party of English
horse sent to reinforce Philip Mowbray Governor of Stirling ; which made way
for that glorious victory King Robert obtained in the above-mentioned place.
At the Parliament of Perth, in anno 1320, the king gave him a great part of his
cousin the Earl of Buchan his lands, who was forfeited for adhering to the English
interest. King Robert had a great value and esteem of Sir Robert Keith Maris-
chal, in so much as he made him one of his ambassadors, first to the court of
England, and then to France, in the year 1325, with the Earl of Murray, to treat
with that crown upon very weighty affairs relating to the two nations; which was
performed by them with honour and conduct : See Faedera Scotice, MS. of late in
the Earl of Winton's possession, now in the lawyers' library : And, as Dr Aber-
cromby, in his first volume of the History of Scotland, says, " Tliis Sir Robert
" Keith Marischal was one of the fastest friends King Robert had.

This great patriot of the nation, in a good old age, was killed fighting valiantly
at the battle of Duplin, against Edward Baliol, with most part of his friends,
" Cum plerisque ex familia sua nobilibus (say Boethius). Cummagno propinquo-
" mm & clientium numero," (says Buchanan). And this is the reason why
famihes of a later date are more numerous in their branches and cadets than the
Keiths. They having been in every action, by virtue of their office of Marischal,
present, and attended by their friends in every battle, the males were seldom
allowed to increase to any considerable number : But this fight, on the 3d of Au-
gust 1332, gave them the severest blow they ever received. This Sir Robert mar-
ried Barbara Douglas, daughter to the chief of that name, by whom he had two
sons, viz. John, who died before his father, and left behind him a son called Ro-
bert ; and Sir William, who attended his cousin, Good Sir James Douglas, whea
he went with King Robert's heart to the Holy Land.

XIV. This Robert Keith succeeded his grandfather in his estate and office.
He was also knighted as his progenitors; a man of great courage, and most active-
m. driving Edward Baliol out of the country, and restoring King David. He besieg-
ed Perth, when strongly fortified and kept out by Macduff Earl of Fife, and after
three months close siege took it, and sent the Earl, with his wife and children,- pri-
Mners, to Kildrummy. He married Margaret Hay, daughter to Gilbert Lord Hay,
the first constable of that family. By herhe had two sons, William and Edward, and
two daughters; the one married to John Maitland, predecessor to the Earl of Lau-
derdale, and the other to the Laird of Drum-Irvine. Sir William, the eldest son,
was one of the greatest heroes of his time ; he was present with his father when
he drove the Earl of Athol from the siege of Kilblane, and afterwards killed the-
Earl and most of those who were with him, taking several prisoners. And when
the English sent two great armies into Scotland, under command of the Earl of-
Montfort and Richard Talbot, he routed them, and took their general prisoner,
anno 1337. He besieged the town of Perth, kept out by Thomas Ritter for the-
English, anno 1340, and took it after a dangerous siege ; and, after many glorious
exploits, he was killed at the battle of Durham, where King David was taken -
prisoner by the English, anno 1346. The eldest son. Sir William, afore-men-
tioned, having died childless before his father, the next Marischal was his bro-
ther.

XV. Sir Edward Keith. He married a lady of his own name, called, in a-
charter of the eighteenth of King David's reign, Bomina Isabella Keith; but of
what family she was is not known, unless it be that of Galviston, mentioned by-
John Major. He had by her two sons. Sir Edward, who succeeded, and Sir John,
who married Mary Cheyne, sole daughter and heiress of Reynald Cheyne, Laird of-
Inverugie, Strabock, &.c. about the year 1380.

APPENDIX, 5

This branch of the family contiiuicd for several generations, and carried for their
arms (a^ m James Lspiia, Mat chmont- Herald, his Uluminaad Book of Avtrn), irifait,
a chief paly of ■ ix pieces, ^a/cj- and or, within a bordure ingrailcd stMe. This John
of Inverugie, his great giandchild, Sir Patrick K.eilh of Invenigie, married the
Lord Graham's daughter, and with her had several children. The second son of
that marriage was Gilbert Keith, who raanied a daughter of Ogston of Ludqu-
hairn, of whoiii is lineally descended Sir William Keith, Baronet, present Gover-
nor of Pennsylvania, who bears for his arms, arj.:nt, a cross croi^lct ^tche, and an
escalop in fesse aza/^, on a chief ^u/fx, three pallets or; as in the Lyon Regis-
ter.

XVL Sir Edward Keith Marischal, the second of that name,, was by King-
Robert n. created Lord Keith, about the year 1380, as appears from chiirtcrs jTJt
extant in that family ; all his progenitors being made knights on account of thtir
Cilice. We have no certain account whom he married; only by a note of the ini-
tial letters of all the chiefu of this family, and their ladies, painted in a hall in tiie
Castle of Dunotter, we find her pointed out thus, D. M. M. By her, he had
Lord William, who succeeded, and Janet, who married Sir David Hanrilton, p-e-
decessor to the Duke of Hamilton.

XVIL William Lord Keith Marischal married Margaret Eraser, daughter and
heiress of Sir John Eraser of Cowie, with whom he obtained a great Cbtate in the
shire of Kincardine, and elsewhere. He made a very great figure under King
David Bruce. In the year 1369 he was appointed one of the commissioners on
the part of Scotbnd, to treat with the English touching a peace betwixt the two
realms ; which was concluded by them, as in Rymer's Fcedera Anglia. With hi*
lady, Margaret Eraser, he had three sons and a daughter; the eldest,. John, a man
of great valour, was at the battle of Otterburn ; he took his father's post as Ma-
rischal, he being then indisposed ; and, after James Earl of Douglas, General of
the Scots army, fell in the battle, took upon him the chief command, defeated the
Enghsh, and brought home with him Henry Hotspur, Earl of Northumberland,
prisoner. He married a sister of King Robert III. (who, in a charter belonging to
the family, yet extant, calls him, Dilecttim fiUum nostrum Joannem de Keith) by
whom he had a son called Robert, who married, and left only one daughter, Eliza-
beth, who married the Lord Gordon : but both he and his father died before his
grandfather, William Lord Keith.

The said William Lord Keith's second son was nametl Robert. I have seen a
charter granted to him by his said father, and Margaret Eraser his spouse, of the
barony of Strachan, in the sherifldom of Kincardine, of date loth December 1375,
which ends thus, " In cujus rei testimonium sigilla nostra consimiliter sunt appensa."
Upon the seal there were three semi-cirlces meeting together, and within them
three shields in triangle : that on the ri girt belonged to Keith Marischal, having a,
chief paly of six pieces, and on that above six cinquefoils, disposed 3, 2, and i,
which was his lady's Margaret Eraser; the third shield on the left hand had other
figures, which were defaced : Upon what account it was carried I know not. This
seal I caused engrave on the first copperplate in my Essay on the Ancient and
Modern Use of Armories, page 56. This Sir Robert married the- heiress of Troup
of that Ilk, and carried for his arms these of the family, quartered with azure, a.
garb betwixt three falcons' heads or. He died also before his father, and left a son,
William, w-ho enjoyed the estate and honours of the family.

Lord William's third son was Alexander Keith of Grandham. He commanded;
the horse against Donald of the Isles, at Harlaw, in the year 141 1.

Lord William's only daughter was married to Robert, Duke of Albany, brother
to King Robert III. and Governor of the kingdom, who, in a charter granted by
him to the said Lord William, calls him, Dilectum patrirm nostrum Willidmum de
Keith ; and the said Lord's second son, Dilectum fratrem nostrum Robertum de Keith,
Dominum de Troup. The eldest son of this marriage was John Stewart, who was
Earl of Buchan in Scotland. Anno 1402, he commanded the Scots forces that
were sent to France, where, at the battle of Bouge'e, he defeated and killed the
Duke of Clarence the English General. Eor his good and seasonable services the
French King created him Earl of Evereux, and Constable of France. Thereafter
be was killed fighting valiantly at the battle of Verneuil, in the year 1429 ; and

0 APPENDIX.

left issue only one daughter, Jean, who was married to George Seaton of that Ilk,
one of the progenitors of the Earls of Winton; for which that noble family
have ever since quartered the arms of Buchan with their own. WilHam Lord
Keith disponed several lands to this John Earl of Buchan, whom he calls, Claris-
simo nepoti nostra Joanni Scnescallo Domino de Buchan, Camerario Scotia, terras de
Tmch-Fraser, Drippis, iJc. together with the office of Sheriff-Principal of Stir-
ling, anno 1407.

This Lord William died about the year 141a, and was succeeded by his grand-
son.

XVIII. William Lord Keith Marischal. He married Elizabeth Lindsay, daugh-
ter to the Earl of Crawford, by whom he had four sons, R ,bert, William, John,
and Alexander ; Robert married Kathenne Seaton, daughter to the Lord Seaton :
he died before his father, leaving only one daughter, nmrried to the Master of Gray ;
and his second son William succeeded.

XIX. William, the fourth lord of this family, was, by the favour of King
James II. created Earl, by the title of the ancient hereditary office in the family,
anno 1455. He married Margaret Hamilton, daughter to James Lord Hamilton ;
by her he had a son ijamed Wilham, and a daughter, Janet, married to Johrv
Leshe, grandson and heir apparent to George first Earl of Rothes, but had no
issue.

XX. William, second Earl Marischal, succeeded his father in the honours and
offices of the family, and a vast estate. Amidst the confusions of King James III.
his reign, he acted a most wise and steady course, and so tempered his duty to that
unfortunate prince, with his love to his country, that he endeavoured, by all means-
possible, to preserve the person and honour of the one, and the interest of the other.
He was of a calm temper, profound judgment, and inviolable honesty ; always for
moderation and extinguishing divisions: and from the ordinary expression he made
use of in giving counsel, he was called, hearken, and take heed. He married Eli-
zabeth Gordon, daughter to Alexander first Earl of Huntly, by whom he had se-
veral children, whereof one, named Alexander, got a charter of the lands of Pit-
tendrum, &.C. anno 1513 ; and of him are lineally descended Alexander Keith,
late Sheriff-Depute of the Mearns, Mr Robert Keith, Minister of the Gospel, pre-
sently residing in Edinburgh, and Alexander Keith, Writer there.

Robert, the eldest son of the said William Earl Marischal, was at the battle of
Flodden, where he left Sir William Keith of Inverugie, Sir John Keith of Ludqu-
hairn, with other friends killed in that battle. He married Beatrix Douglas,
daughter of John Earl of Morton, by whom he had Wilham who was heir to his
grandfather, and Robert Abbot of Deer, of whom was Lord Dingwall, in the
time of King James VI. who carried (as in Espline, his Illuminated Book of
Arms) quarterly, first and fourth Keith, second and third gules, a lion rampant
argent ; supported on the dexter by a deer, proper, and, on the sinister, by a bear,
proper ; crest, a deer's head and neck issuing out of the wreath : motto, Memento
creatorem.

Earl William's daughters were, Elizabeth, married to George Earl of Huntly ;
Janet, to George Lord Glammis; and Agnes, to Sir Archibald Douglas of Glen-
bervie.

When John Duke of Albany, Governor of the kingdom, went to France, to re-
new the league with Francis I. anno 1520, William Earl Marischal had the cus-
tody of the young king, James V. in the Castle of Edinburgh ; in which trust he
behaved so well during the governor's absence, that the king had, all his lifetime,
a great love to him, and granted to him many charters of his lands, with great
privileges and jurisdictions. To him succeeded

XXI. William, third Earl Marischal, his grandchild, who was one of the
greatest men of his age, for his personal parts and merits : he married Margaret
Keith, daughter and heiress to Sir William Keith of Inverugie, with whom he got
an opulent fortune ; and with her had two sons and two daughters. He was at the
bloody battle of Pinky, anno 1547, where he carried with him all his friends and
followers who were of age and fit for arms, of whom he lost severals. His eldest
son WilHam, called then Master of Marischal, was taken prisoner at this battle,
with the Earl of Huntly then Chancellor, and other persons of quality. The

APPENDIX. 7

Master of Marischal was detained prisoner till ransomed for L. 2000 Sterling. He
had to wife Elizabeth Hay, daughter to George Hay of Errol, anno 1543; died be-
fore his father, leaving a son, George, afterwards Earl Marischal ; and daugh-
ters, Mary, married to Sir Robert Arbuthnot of that Ilk ; Barbara, to Alexander
Forbes of Pitsligo ; Mary, to William Keith of Ludquhairn, and had issue. VVil
liam Earl Marischal's second son was Robert, commendator of Deer, who had, by
the special favour of King James the VI. that abbacy erected to liim in a tempo-
ral lordship, by the title of Lord Altree. His achievement (illuminated in the book
of James Esplin, Marchmont-Herald) is thus, quarterly, first and fourth oi\ a
saltier and chief joules; second and third, argent, a chief paly of six pieces, gales
and or ; supported on the dexter by an unicorn argent, horned and unguled or ;
and on the sinister by a deer, proper : crest, a rock proper, with the motto. Watch
the temptation. He married Elizabeth Lundie, daughter and heiress of Robert
Lundie of Benholm, by whom he had one daughter, Margaret, married to John
Erskine of Dun: So the peerage failed, and his estate fell to the family of Mari-
schal. William Earl Marischal, last mentioned, attended Queen Mary upon his
own charge to France, and was chosen by the Qiieen and kingdom one of the
twelve peers, by whose counsel the affairs of the kingdom were to be managed.
He was most zealous for the Reformation, but against all irregular proceedings in
that affair. When the Confession of Faith was presented to the Parliament 156c,
the Earl Marischal stood up and said, " It is long since I carried some favour to
" the truth, and was somewhat zealous for the P^oman Religion ; but this day
" hath fully resolved me of the truth of the one and falsehood of the other : For.
" seeing (my Lords) the bishops, who, by their learning, can, and for the zeal they
" should have for the truth, would, as I suppose, gainsay any thing repugnant to
" it, say nothing against the Confession we have heard : I cannot think but it is
" the truth of God, and the contrary of it false and detestable doctrine." Where-
upon the Confession was approven and authori-ied, and the Reformation settled.

Earl William's two daughters, Anne and Jane, the first was married first to James
Earl of Murray, natural brother to Qiieen Mary, anno 1563, to whom she had two
daughters ; the eldest of which, Isabel, was married to James Stewart Lord Doune.
and their eldest son James was Earl of Murray, in right of his mother. Again,
she was married to Colin Earl of Argyle, to whom she bare Archibald Earl of Ar-
gyle, Colin Laird of Lundie, and two daughters. Mary, the second daughter ct"
James Earl of Murray, was married to Francis Earl of Errol. Earl William's se-
cond daughter, Lady Jean, was married to John Lord Glammis, to whom she had
two sons, viz. John Lord Glammis, who was Chancellor of Scotland, and Sir
Thomas Lyon of Oldbar, Captain of the King' Guards, and Lord High Treasurer;
and a daughter, Margaret, married first to the Earl of Cassilis, and afterwards to
James Marquis of Hamilton.

This Earl William, by living a retired fife at Dunotter, and shunning all pub
lie affairs but his own, (whence he came to be called among the vulgar, IFilIiani.
of the Tower) very much improved his estate, so that at his death it was reckoned
270,000 merks a-year ; and so situate, that from the northmost part of Caithness
to the English borders he could lodge still on his own ground. Mr George Buch-
anan being by the Earl refused the purchase of a piece of land, said to have of old
belonged to some of his relations, as is vulgarly reported in' the family, threatened
revenge, which he seems to have performed by his profound silence through all
hi' history of this noble family, and their heroic actions. The earl died in a good
old age, the 7th of October 1581, and was succeeded in his estate and honours by
his grandson.

XXII. George Earl Marischal, who was, by the care of his grandfather, well
brought up ; and, for the further improvement of his education, was sent abroad
with his brother William, where he studied under the best masters, particularly the
famous Beza at Geneva, where his brother, a gentleman of promising greatness, was
ur. happily kilkd in a scuffle or tumult among the citizens much regretted, and even
by Theodore Beza in his writings. After Lord George had left Geneva, he travelled
through Italy, and in Germany, where he visited the Landgrave of Hesse, Prince
of the Chatti, who, understanding who he was. and of his descent, received him
kindly with all magnificence, as descended of the Chatti. I shall here add what
Vol. II. 4 I

!5 APPENDIX.

Mr Smith says in his printed oration on this pojnt, for which he cites history :
" Potentissimiis Plessise Lantgravius, qui adhuc inter familia; suae decora Pnnci-
" pis Chattorum, (qui semel Germanico submisere) titulum retinet, Georgio
" Comiti Marischallo, Germania peregnnanti, communem stirpem &. cognati-
" onem officiose agnovit, &- summo studio excoluit." After seven years travel he
returned to his native country with great reputation, and was made a privy coun-
sellor, and his majesty's lieutenant in the north. And in the year 1589 was
sent ambassador extraordinary to Denmark, to espouse Anne, a daughter of that
crown, in name of Kmg James VI. in which he appeared with all the lustre the
wealth of Scotland could adorn him; all or most being upon his ov/n proper
charges. These who attended him were Andrew Keith Lord Dingwall, Sir
Ja.nes Scrimgeour of Dudhope, Mr John Skene, the King's Advocate, and Mr
George Young, Archdean of St Andrews. After this embassy, most honourably
discharged by him, the king received him graciously, and esteemed him very
much as a man to be relied on in the point of honour and fidehty, as appears by
an act of his Maje?ty's Privy Council, of date the 25th of November 1589, where
he exoners and discharges him with much thankfulness ; a part of which 1 shall
here insert. " And for that the abbacy of Deer, being erected by his Majesty in
" a temporal lordship, was by his highness disponed to his said cousin, and incor-
" porate in h;s said earldom, in consideration of his designation at that time for the
•' said service, and the exorbitant expences which the honourable discharge there-
" of would crave and put him to, which now it has pleased God to etfec-
" tuate by his means : Therefore his Majesty, and Lords foresaid, have declared,
" and by the tenor of this present act, declare his highness's cousin foresaid, to
" have honourably, dutifully, and to his greatest charges and expences, eftected
" and fulfilled the cause and motive of the said erection and union specified in his
" infeftment. And tliat, in the performance thereof, he has most worthily de-
" served the foresaid benefit, in a perpetual monument of his said service, to him
" and his forever: Promising, in that respect, in his highness's princely and in-
" violable word, to cause this said discharge and declaration to be confirmed and
" ratified by his highness's three estates in the nest Parliament. And ordaining,
" in the mean time, this present act to be insert and registrate in the books of
" of secret council, ad perpetuam rei memoriam."

In the year 1593, his Lordship made a noble foundation of a College at Aber-
deen, which he" endowed with sufficient funds towards the support and mainte-
nance of a Principal and four Professors of Philosophy : And though other profes-
sors have been since added, by the piety and bounty of other great and learned
men, yet the Earls Marischal are perpetual patrons of this college, which bears
their name, being the first founders. And by the seal of the college, the arms of
the family are marshalled with that of the town of Aberdeen thus: first and fourth,
argent on a chief, three pales ^///w, for Keith ; second and third, gules, a tower em-
battled argent ; crest, the sun in his glory, with the word luceo ; and the legend
rond the seal. Insignia Academ. Marischal. Abredon. The Earl being the first
founder of the college, where many learned men of all professions have been edu-
cate, his memory, on that account, ought to be always honoured by all lovers of
learning, with that gratitude and respect which so signal a piece of service to his
country and posterity deserves. King James the VI. when in England, conferred
upon him the highest mark of honour of which a subject could be capable, cloth-
ed him with royal authority ; so that he was High Commissioner or Viceroy to
the Parliament of Scotland, anno 1609. And after he had served his king and
country in many eminent stations, mostly upon his own charges, his estate being
one of the best in Scotland, he died at his castle of Dunotter the 2d of April 1623,
aged 70 years.

This noble lord married first Margaret, daughter of Alexander Lord Home, by
whom he had William his successor, and a daughter Anne, married to William
Earl of Morton, idly, Margaret, daughter of James Lord Ogilvie, by whom he
had Sir Robert Keithof Benholm.

XXIII. Earl William succeeded his father Earl George. King Charles I. find-
ing him a man of great honour and fidelity, called him to his Privy Council, where
he carried himself very well in every thing relating to the crown and to the go-

APPENDIX. 9

vernment, in church and state. He died in the prime of his age, the 28th of
October 1635, leaving issue by Mary his wile, daughter of John Earl of Man
and his lady, Mary Stewart, daughter to the Duke of Lennox and Richmond,
three sons, William and George, both Earls Marischal successively, and John, who,
for saving the iionoius of the kingdom from the hands of tlie English, was by King
Ciuirles 11. created Knight Marischal, and afterwards Earl of Kintore, of whom
immediately.

XXIV. Which William Earl Marischal, in the time of the civil vnars, adhered
to the king ; and upon his own charges levied a troop of horse for his majesty's
service, and marclied with others for the king's liberation, in tlie year 1645J, to
Preston, vihere the king's army was defeated, and he hardly escaped with his life,
returned to Dunotter Castle, where, in the year 1650, he entertained King Charles
II. with the Duke of Buckmgham, and other persons of quality, and aitendcd on
his Maj^'siy all the time he was in Scotland, and designed to have accompanied
him to England, but the king commanded him to stay at home with the Earls of
Crawford and Gleiicarin, to govern the nation. And when some of the king's friends
had assembled at Elliot, in Angus, for concerting measures to support the royal cause,
they were surprised by a great body of English horse, and the Earl Marischal,
with some ochers. sent prisoners to the Tower of London by sea; where, after ten
years imprisonment, sustained with great firmness and constancy, though the
English possessed* his estate, and allowed him no maintenance, except what he re-
ceived from his mother the Countess Marischal, he lived t^o see the happy Resto-
ration of King Charles, and to receive some reward of his merit; for the king made
him first a Privy Counsellor, and afterwards Lord Privy Seal : which office he dis-
charged to his death, nnno 1671. He mamed first Elizabeth, daughter of George
Earl of Winton, by whom he had three daughters, Margaret, married to Sir James
H .pe of Hopetoun, and again to Sir Archibald Murray of Blackbarony ; Mary, to
Robert Viscount of Arbuthnot, and Jean, to George Lord Bantf. '^dly. He mar-
ried Anna, aaughter of Robert Earl of Morton, but by her he had no issue.

XXV. To William Earl Marischal succeeded George Keith his brother, who
had oeen a colonel in Frraice ; a person of undaunted courage, a great loyalist,
anrl sufferer for the royal cause. He married Mary, daughter to the Earl of Kin-
noul, by whom he had only one son, who succeeded him ; and he died at Inveru-
gie in the year 1694.

XXVI. William succeeded his father Earl George, a nobleman of a great and
active spirit, a clear and penetrating judgment, a ready wit, and easy and lovely
expression, magnificent and noble in his way of living, generous and liberal, strict-
ly just in his deahngs, firm to his principles, bountiful to his servants, zealous to-
support those that depended upon him, compassionate and charitable to those that
were in distress, a great patron of learning, and lover of the welfare of his country.
He was very opposite to the Union of the kingdoms : For, besides what other
reasons he might have for his opposition, he thought his family might suffer by
the suppressing his heritable office of Great Marischal of Scotland ; with relation
to which he entered a protestation m Parliament, before the conclusion of the
Union, in these words, (which 1 take from the ingenious Mr Crawford, his Peerage
of Scotland) " I do hereby protest, that whatever is contained in any article of
" the treaty of Union betwixt Scotland and England, shall in no manner of way
" derogate from, or be prejudicial to me or my successors, in our heritable office
" of Great Marischal of Scotland, in all time coming; or in the full and free en-
" joyment and exercise of the whole rights, dignities, titles, honours, powers,
" and privileges thereto belonging, which my ancestors and I have possessed and
" exercised, as rights of property these 700 years. And ] do further protest,
" That the Parliament of Scotland, and constitution thereof, may remain and
" continue as formerly. And 1 desire this my protestation to be inserted in the
" minutes, and recorded in the books of Parliament i and thereupon I take in-
" struments."

The Earl died the 27th day of May 17 12, leaving issue by Mary his wife, daugh-
ter of James Earl of Perth, George his successor, James Keith, Esquire, Lady
Mary, married to John Earl of Wigton, and Lady Anne Keith, married to Alex-
ander Lord Gairlies, eldest son to the Earl of Galloway.
2

xo APPENDIX.

XXVII. Which George being a young nobleman of very bright parts, succeed-
ed his father Earl William. His genius leading him to a military life, when he
was Lord Keith, and only a youth, Queen Anne gave him a troop of horse, and
then preferred him to be Captain of her Majesty's Guards ; in which post he con-
tinued, till, some time after the accession of King George to the crown, his Lord-
ship was removed, and his command given to another.

The achievement armorial of this noble family has always been carried plain,
without being composed or marshalled with any other arms, having only the pater-
nal arms of Keith, upon the occasion before-mentioned, viz. argent, a chief paly
of six pieces, or and gules, adorned with crown, helmet, and manthng, suitable
to their quality ; and upon a wreath of their tinctures (and sometimes in place of
the wreath, a ducal coronet) for crest, a hart's head erased proper, armed with ten
tynes, or; supporters, two harts proper, armed as the crest : and for motto, Veri-
tas vincit. Behind the shield, two battons gules, seine of thistles or, ensigned on
the tops with imperial crowns placed saltier-ways, as badges of the office of High
Marischal of Scotland.

KEITH, Earl of Kintore.

THE first of this family (as I have said before) was Sir John Keith, third son ot
William Earl Marischal, by the Lady Mary Erskine his wife, daughter of John Earl
of Marr, and his Lady, Mary Stewart, sister to Ludovick Duke of Lennox and Rich-
mond ; who was very assisting in preserving the regalia of Scotland (the crown,
sword and sceptre) from falling into the hands of OHver Cromwell. Before the
Castle of Dunotter (whether they had been conveyed from the Castle of Edinburgh
for security) was surrendered to the English army, they were privately conveyed
forth thereof, and deposited under ground in the church of King- Kenneth, (common-
ly called KineiT) about four miles distant, by some trusty persons, and Sir John
went abroad, and from thence (according to concert) wrote to his friends in Scot-
land, that he was safely arrived with the regalia. This letter was industriously
suifered to fall into the hands of the English, who, thereupon, gave over all hopes
of finding them. In consideration whereof, and of his singular loyalty and faith-
ful services to King Charles II. he was, upon the restoration of that monarch, anno
i66o, created Knight Marischal; which dignity is entailed upon his family, with
a pension suitable to the office, and got a coat of augmentation, with the regalia,
added to his paternal bearing, as in the following blazon. Afterwards his majesty
called him to his council, and honoured him with the title of Earl of Kintore,
Lord Keith of Inverury and Keith-hall, on the 26th of June 1677. And there-
after was made Lord Treasurer-Depute, and one of the Lords of his Majesty's
Privy Council, in the year 1682. In which office he was continued f-.ll the tiea-
sury was turned into a commission some time after King James his accession to the
throne.

He married Margaret, daughter to Thomas Earl of Haddington, by whom he
had William Lord Inverury, his eldest son and heir, with several others, who died
without issue, and two daughters, Jean and Margaret, the first married to Sir Wil-
liam Forbes of Monymusk, and the second to Gavin Hamilton of Raploch.

Which William (a man of valour and entire loyalty to his death) succeeded
his father in the above estate and honours. He married Katharine, daughter to
David Viscount of Stormont, and had with her two sons, John, his eldest son
and successor (the present Earl of Kintore) and William; and two daughters. Lady
Katharine, married to David Falconer of Newton, now Lord Halkerton ; and Lady
Jean,

The achievement of this noble family, I have mentioned several times before,
and shall here again add its blazon, viz. quarterly, first and fourth, gules, a sceptre
and sword saltier-ways, with an imperial crown in chief, all proper, within an . lie
of eight thistles or, as a coat of augmentation for preserving of the regalia. Se-
cond and thud argent, a chief paly of six pieces, gules and or, the paternal coat

APPENDIX. II

of Keith ; which arms are supported by two chevaliers completely armed, with
pikes in rheii huiiJs, all proper; and tor crest, an aged lady tVom tiie middle up-
wards, holding in her right hand u garland of laurel, proper : motto, :^ia: amissa
salva.

Of the fajiily of DUNDAS of that Ilk, and their descendants.

The achievement of this family, by their seals of arms, and our old records of
blazons, is argent, a lion rampant gules : crest, a lion full-faced issuing out of an
oak bush, proper, with the the motto, Essajez ; supporters, two lions, and below
the shield a salamander in flames of tire, all proper.

The first of this ancient family of the surname of Dundas, in the shire of West
Lothian, was Huttred, a younger son of Cospatricius, grandfather to Cospatricius
the first Earl of Dunbar or March, as is evident by comparing Dimdas's original
charter, after inserted, with a charter granted by King David 1. to the abbacy of
Melrose, wherein this Huttredus is designed Fi/ii/s Cospatricii ; and he goes under
the same designation in other charters, granted during the said reign, wherein he
is witness. This charter of Melrose is found recorded among the chartularies of
that abbacy, now kept in the Library of the Faculty of Advocates at Edinburgh ;
and the principal charter is in the hands of Mr James Anderson, Writer to the Sig-
net, that learned antiquary.

HurTRED got from his father the lands of Dundas, from whence the family
afterwards took their surname, when surnames came to be used ; and they also
took the arms of the family of Cospatricius Comes, to show their original, with a
suitable difference used at that time, by transmutation of the tinctures, and
wanting the bordure of eight roses, which was peculiar to that noble family, being
given to them by our kings for tlreir maintaining the peace of the Borders. The
first of the family of Home, descended of another younger son of the Earls of
March, did also distinguish their arms from the chief family, by only changing the
tincture of the field, as I have observed before, and in the chapter of Marks of
Cadency.

Helias de Dundas succeeded his father Huttred, and for establishing his right
to the lands, in the manner but just about that time come in practice, he took the
following charter of the same from his father's eldest brother Waldevus, son to
Cospatricius; which charter I have seen, and the same is in the charter-chest of
Du.ndas, and I have set down an exact copy of it as follows : " WaWevus, filius
" Cospatricii, omnibus piobis hominibus suis, & omnibus amicis suis tarn futuris
" quam presentibus, salutem, sciatis me dedisse &- concessisse, 8^ hac carta mea
" confirmasse, Helie fiho Hutredi Dundas pro servitio dimidii militis, ilium et
" hasredes suos tenendum de me ethieredibus meis in feudo et haereditate, in moris,
" in aquis, in stagnis, in inolendinis, in pratis, in pasturis, cum omnibus rectis di-
" visi* et pertinentiis, concedo itaque. Qiiare volo et prajcipio, ut iste prtedictus
" Helias istam terram habeat e: tcneat tam quiete et taiii hbere et tarn honorifice,
" ut uUus miles de barone tenet, liberius et quietius et honorificentius in tota
" terra Regis Scotia. His testibus, Johanne filio Orm, Waldevo filio Baldewin,
" Roberto de Sancto Michaele, Helia de Hadestandena, Wilhelmo do Coupland,
" Wilhelmo de Helebet, AlLtno Dapifero, Gerhardo Milite, Johanne de Graggin."

Though this charter has no particular date, as neither for the mcst part had
other old ones granted about the time it was given, yet, by the granter and wit-
nesses, it is known to have been in the latter end of the reign of King Alex-
ander I. or in the beginning of the reign of Kmd David I. before or about
the year 1 124, or at farthest before the year 1145, which was the 21st year of
King David's reign ; for Waldevus filius Cospatricii, the granter, died the I2th day

Vol. U. 4 K

la APPENDIX.

of July that year, as by the records kept in the Castle of Edinburgh, and is ob-
served by Ochiltree : And that the granter was Waldevus, father to Cospatriciut
Comes, and not Waldevus Comes, the son of Cospatricius Comes, is evident, be-
cause had it been granted by the last Waldevus, he had been designed Comes, or
^'ilius Cospatricii Comitis, as he is in all the charters granted by King David where-
in he is mentioned ; particularly in several charters granted by that king to the
abbacy of Dunfermline : for his father Cospatricius was made earl in the lime of
David I.

And further, it is without doubt that this charter was granted at least in the
reign of King David, because the granter, PValdevus, filius Cospatricii, gives a
charter to the abbacy of Dunfermline of the church of Inverkeithing, wherein
Heli. de Dundas is a witness, and with him Duncanus Comes, Rob. Avenel, and
Johan. de Graggin ; which Johan. de Graggin is one of the witnesses in Dundas's
charter, and the other persons are witnesses in charters granted by king David to
the said abbacy : So that it is evident the said Helias de Dundas was cotemporary
with the foresaid persons, and that his charter of Dundas was granted, at least, in
the reign of the said King David.

The succession of the family of Dundas from the above-mentioned Helias is
lineal and uninterrupted ; for the said Helias was succeeded by his son Serle de
Dundas, who is mentioned in some of the transactions of King William the Lion,
who began his reign in the year 1165, as in the Collections of Alexander Baillie
of Castlecary, a curious antiquary.

This Serle was succeeded by his son Helias de Dundas, who is mentioned as a
■witness in a charter of Philip de Mowbray, of the lands of Inverkeithing, to the
abbacy of Dunfermline, in the reign of King Alexander II. And Sir James Dal-
rymple, in his Collections of the Scottish History, page 381, says. He has met
with this second Helias de Dundas, mentioned in an enrolment of court, by Roger
Mowbray, in the year 1229 : For the family of Dundas held a small parcel of
land in Dalmeny off the Mowbrays of Barnbougle, and still hold the same off the
Earl of Rosebery, as their successor.

And after this Helias, says Sir James, is to be found Radulphus de Dundas,
who succeeded the said Helias ; and which Radulphus is frequently a witness in
the charters of King Alexander III. as in the Earl of Haddington's Collections.
And the said Sir James Dalrymple says. That he has found him mentioned in
Registro Calchoensi, or Chartularies of Kelso, which are now kept in the Advo-
cates' Library.

This Radulphus was succeeded by his son Saer de Dundas, in the year 1276 ;
he is found mentioned in Prynne's History of England, in the reign of King Edward
I. To whom succeeded Hugo de Dundas his son.

He was succeeded by his son Radulphus de Dundas. This second Radulphus
is witness to a charter, sometime in Sir James Dalrymple's custody, granted by
King Robert II. to the Laird of Maclean ; which second Radulphus was succeeded
by James his son ; and to this James, John his son succeeded, as appears by the
charters in the present Laird of Dundas's custody.

John was succeeded in his lands and estate by James Dundas his son, whose
son (likewise James) succeeded to him. This last mentioned James had at least
three sons, James, Archibald, and Duncan, by his first wife. In the year 1423, he
was married to Christian Stewart, daughter to Stewart of Innermeth and Lorn,
his second wife ; when, by charters of resignation, (as his predecessors had for-
merly done) he infefted his eldest son James, and his heirs whatsoever, in all the
lands then belonging to the family of Dundas, (Fingask and Dumbarnie ex-
cepted), and within a month thereafter he took a charter of resignation of the
lands of Fingask to himself, and the heirs-male to be procreate betwixt him and
the said Christian Stewart his spouse ; which failing, to his nearest heu-s whatso-
ever : And, upon his death, James his eldest son was retoured heir in special to his
father in the lands of Dumbarnie, in the year 1437. This last James dying with-
out children, his brother Archibald (afterwards Sir Archibald) Dundas succeeded
to him in the year 1452, and was High Sheriff of the county of Linlithgow in the
reigns of King James II. and III. Sir Archibald married Agnes Borthwick,
daughter to Borthwick of that Ilk, (afterwards Lord Borthwick) and had by her

APPENDIX. Si

John Dundas his son, who, having been infeft on charters of resignation in the
whole estate of Dundas, (the half of the lands of Barnton excepted) was retoured
heir in special to his father Sir Archibald in the said lands of Barnton, in the year
1480. This Sir Archibald's second son was Lord St John.

William Dundas, son to the said John, was served heir to him in the year
1495. He married Margaret Wauchope, daughter to Wauchope of Niddry, and
had with her two sons, Sir James the eldest, and William Dundas, predecessor to
the Dundasses of Diiddingston.

This Sir James was served and retouretl heir to his father in the year 15 13.
He married Dame Margaret Sandilands, daughter to Sandilands of Culder, now
Lord Torphichen, and with her had a son, George Dundas, who was served heir to
his father in the year 1554. He married twice ; first Elizabeth Boswell, daughter
to Boswell of Balmuto, by whom he had Sir Walter Dundas, who succeeded, and
George, who died unmarried ; and next he married Katharine Oliphant, daughter
to the Lord Oliphant, by whom he had Sir James Dundas of Arniston.

This Sir Walter was knighted at Stirling by King James VL at Prince Hen-
ry's baptism. He married Dame Anna Monteith, daughter to Monteith of Kerse,
and had with her three sons, George, who succeeded him in the estate of Dundas,
William his second, and Mr Walter his youngest son.

The said George, the eldest, married Elizabeth Hamilton, daughter to Ha-
milton of Innerwick, and had with her three sons, Walter, George, and James.

Walter, the eldest son of the said second George, married Lady Christian
Leslie, daughter to the Earl of Leven, and had with her three sons, Alexander,
Ralph, and Walter ; the said Walter elder, and Alexander, his eldest son, died
before George the grandfather ; and Ralph, the second son of Walter elder, being
prodigal, the said George the grandfather, who had the fee of the estate still in his
person, did entail the same to the youngest grandson Walter ; and failing him, to
his own second son George above- mentioned ; and faihng him, to the said James
his third son, and their heirs-male, and to other heirs of entail ; the said Walter,
the grandson, having died without issue, the above-mentioned George, the uncle, is
served heir of tailzie to him.

Which George married Margaret Hay, daughter to Hay of Monkton, and with her
had two sons ; George, who succeeded as heir of tailzie in the estate, and has several
children by Alison Bruce, eldest daughter to Brigadier James Bruce of Kennet ;
and Walter Dundas his second son, who is a merchant in Glasgow.

The said James Dundas, third son to the said second George, married Elizabeth
Haliburton, daughter to John Haliburton of Garvock, with whom he had four
sons, George, John, James, and Walter ; John, the only surviving spn, is at pre-
sent advocate for the church of Scotland, and principal clerk to her General As-
semblies.

There was a very accurate and distinct account and tree of this family of Dun-
das handed down to the death of this second George, showing not only its de-
scent, the succession of the heads of the family as above, and of their issue from
one generation to another, and of their alliances by marriages, both with their
ladies and of their children, all which were very honourable ; but also noticing the
several remarkable events that had happened to the family ; which account, by
occasion of the troubles the family fell into, after that time, is now amissing ; bur
it is expected the same may yet be recovered.

Of the families of DUNDAS of Newliston, Philpston, and Breastmiil.

DUNCAN DUNDAS, third son of James Dundas of that Ilk, by his first mar-
riage, and younger brother of Sir Archibald Dundas of that Ilk, got the lands of
Craigton, and thereafter the lands of Newliston, in West Lothian, from the family
of Dundas, to whom succeeded his son William Dundas ; and to the said Wil-
liam succeeded James- his son, and to the said James succeeded George his son, and
to the said George succeeded his son John Dundas of Newliston.

14 APPENDIX.

This John married Margaret Crichton, daughter to Crichton of Lugton, with
whom he had Sir James his eldest son, who succeeded him in his estate of New-
liston ; David his second son, to whom he gave the greatest part of the lands of
Phiipston ; Mr George his third son, who got from him the lands of Morton, and
a part of tlie lands of Phiipston ; and Patrick, the fourth and youngest son, who
got the lands of Breastmill.

The eldest son Sir James, above mentioned, succeeded his father in the estate
of Newliston. He married Elizabeth Dundas, daughter to Sir Walter Dundas of
that Ilk, and with her had three sons ; Sir John, who succeeded him in the lands •
of Newhston ; George, the second, who purchased the lands of Dubend, and mai--
ried Oliphant, daughter to Oliphant of Kirkhill, and had with her a son,

John, who died without lawful issue ; and James, the third, who was a merchant in
Edinburgh, and died unmarried.

Sir John of Newliston married Agnes Gray, daughter to the Lord Gray, by
whom he had a daughter, named Elizabeth Dundas, who succeeded him in his
estate of Newliston, and was married to John Earl of Stair. Their son and
successor is the present John Earl of Stair, Viscount of Dalrymple, and Lord
Newliston, whose arms I have given with those of Dundas of Newhston, in my
Essay on the Ancient and Modern Use of Armories, and in the First Part of this
System of Heraldry.

David Dundas, elder of Phiipston, second son of John Dundas of Newliston,
iiad only one son, Lieutenant-Colonel John Dundas, by Elizabeth Hamilton,
daughter to Hamilton of Binning, who dying before his father without lawful issue,
the said David's share of the lands of Phiipston devolved to James Dundas of
Morton, his nephew, by the said Mr George his brother. The foresaid Mr George,
the third son of John of Newliston, married Susanna Brown, daughter to Brown
of Coalston, with whom he had four sons; James, who succeeded him in his estate
of Phiipston and Morton, Alexander, William, and Patrick ; which last three all
died without lawful issue.

The said Jabies, the eldest, married Ehzabeth Hamilton, daughter to Hamilton
of Westport, and with her he had six sons, James, George, David, William, Thomas,
and Walter; James died unmarried, and his brother David succeeded to him, who
having only daughters by Katharine Swinton, daughter to George Swinton of
Chesters, third son to Swinton of that Ilk, was succeeded by Euphame Dundas,
his eldest daughter, married to the above-mentioned Mr John Dundas, Advocate,
grandchild to the aforesaid second George Dundas of that Ilk, by the said James
Dundas his third son, who have had several children, of which two sons and three
daughters are still living. George and Walter died without issue, and William
was Brigadier in the Third Troop of Royal Horse-Guards, and died also without
issue.

Thomas, the fifth son of the said James Dundas of Phiipston and Morton, has
now purchased the Mains of Drumcross in West Lothian, and has several sons by
his wife Jean Wishart, daughter to Captain Patrick Wishart, son to Dr George
Wishart, sometime Lord Bishop of Edinburgh.

The above-mentioned Patrick Dundas, fourth son of the above John Dundas of
Newliston, left the estate of Breastmill to James Dundas his son, who married
Elizabeth Reid, daughter to George Reid, merchant, and sometime one of the
baiiies of Edinburgh, with whom he had five sons, Patrick, George, Wilham,
James, and John.

Patrick, his eldest son and heir, married Rachel Baillie, daughter to Baillie of
Jerviswood, and with her had his son James Dundas, who succeeded his fa-
ther in the estate of Breastmill, and has now married Elizabeth BaiUie, heiress of
Castlecary, in the shire of Stirling.

George, the second, was a chirurgeon-apothecary; he married in England, and
died .there, having several children.

James, the fourth son, married Marion Monteith, daughter to George Monte'ith,
the representative of the family of Kerse, and with her had only one son called
George ; and William and John live still unmarried.

I have given the arms of these families in the First Part of this System.
2

APPENDIX.

Memorial yok WILLIAM DUNDAS, Esc)^ heir-male of the family of Di'>jdas
OF THAT Ilk.

THE author of the memorial for the present laird having omitted to take any
notice of the issue of Ralph Dundas, late of that Ilk, and wholly passed over in
silence Mr William Dundas, his eldest son, the lineal heiv-male and representative
of the House of Dundas, from Archibald Dundas of Listen, and Agnes Borthwick,
who lived in the reign of King James II. In justice to that gentleman and his
family, lately returned from abroad, this memorial is offered, both to instruct his
right preferable to that of the present possessor of the estate of Dundas, and account
for the manner wherein he was divested of that estate, to which he might have
otherwise succeeded.

George Dundas of that Ilk, cotemporary with King Charles II. and eldest son
of Sir Walter Dundas of that Ilk, married Elizabeth, daughter to Hamilton of
Innerwick, by whom he had three sons, Walter his heir, George, father to George
Dundas presently of that Ilk, and James, father to John Dundas late of Philp-
ston.

Walter Dundas, the eldest son, married Lady Christian Leslie, daughter to
Alexander first Earl of Leven, by whom he had Ralph, his eldest son, and Walter:
Their father, Walter, having deceased before George the grandfather, the fee of the
estate came in the person of Ralph the eldest son.

Ralph Dundas of that Ilk married Mrs Elizabeth Sharp, daughter to William
Sharp of Houston, by whom he had Christian, Walter, and William, the only sur-
viving child of the marriage: But the above George Dundas of that Ilk, after the
death of his eldest son Walter, having taken some exceptions at the conduct of his
grandson Ralph, executed a deed of tailzie of his estate, affected with several irri-
tant and resolutive clauses, particularly prohibiting the heir of entail to burden the
estate with debts exceeding a certain sum. Ralph Dundas incautiously incurred
that irritancy; and afterwards dying, his uncle George, above noticed, insisted
in a process of declarator before the Lords of Session, against William, Ralph's eldest
son and heir; and, having prevailed therein, dispossessed him. From whence it
appears, that though the above George Dundas wrested the estate from his nephew,
by using the severity of the law against him, yet the right of primogeniture still
remains with the said William Dundas and his heirs, wlio must be considered as
the chief and only representatives, and lineal heirs-male of the said Archibald
Dundas of Dundas, cotemporary with King James II. anno 1450. whoever be in
possession of the estate.

The aforesaid William Dundas married Jean Stewart, daughter to Dr Stewart,
son of Grandtully, by whom he had two sons alive,

Thomas, his eldest. Merchant in Rotterdam; and

William, the second. Doctor of Medicine.

Of the families of DUNDAS of Duddingston and Manor.

WILLIAM DUNDAS, second son of William Dundas of that Ilk, and his lady,
Margaret Wauchope, daughter to Wauchope of Niddry, married Marjory Lindsay,
portioner of Duddingston, and with her had two sons, William and David. Wil-
liam, the eldest, was many years in Sweden, married a Swedish woman, and with
her had only two daughters. The eldest, Margaret, was married to Mr James
Donaldson, a minister; and the second, Grissel, to Drummond of Caiiowrie.

David, the second son, purchased the lands of Priestinch, and thereafter the rest
of the lands of Duddingston. He married Marjory Hamilton, daughter to Ha-
milton of Orbiston, and with her had two sons; James, who succeeded in the

Vol. 11. 4 L

i6 APPENDIX.

lands of Duddingston ; and George, his second son, who purchased the lands of
Manor in Perthshire.

This James of Duddingston married Isabel Maule, brother-daughter to Maule of
Panmure, and with her had two sons, George, who succeeded, and William, who
died without issue.

George of Duddingston married Katharine Monypenny, daughter to Monypenny
of Pitmillie, and was succeeded by his son John, who married Anne Carmichael,
only daughter to Sir David Carmichael of Balmedy, atid Anne Carmichael, daugh-
ter to James Lord Carmichael, and with her had many sons; the eldest, George,
who married Magdalen Lindsay, daughter to Mr Patrick Lindsay, alias Crawford
of Kilbirnie, second son to the Earl of Crawford, with whom he has several chil-
dren. David, the second son of the said John, was an advocate and clerk to the
General Assembly : He, and all the rest of the sons, died unmarried, except John,
the fifth son, who is Presenter of the Signatures in Exchequer, and has married
Christian Mure, daughter to Adam Mure of Blackball, apothecary, burgess of
Edinburgh.

George Dundas of Manor, second son to David Dundas of Duddingston, mar-
ried Margaret Livingston, daughter to Livingston of Westquarter, and had with
her one son, John Dundas, who succeeded his father in his estate of Manor; he
married Elizabeth Hamilton, daughter to Hamilton of Kilbrackmont, and with her
had two sons, Ralph, who succeeded his father in- the lands of Manor, and mar-
ried Helen Burnet, daughter to Sir Thomas Burnet, sometime physician to King
William, by whom he has many children. John, the second son of the above-
mentioned John Dundas of Manor, is a chirurgeon-apothecary, has purchased the
lands of Wester-Bogie in the shire of Fife, and has married Elizabeth. Fergusson,
daughter to James Fergusson, merchant and bailie of Inverkeithing. The arms of
the family of Duddingston are given in the First Part of this System.

Of the families of DUNDAS of Arniston and Harvieston.

SIR JAMES DUNDAS, the first of Arniston, was second son to the first George
Dundas of that ilk, and his second lady, Katharine Oliphant, daughter to the Lord
Oliphant; He married first Dame Katharine Douglas, daughter to the Lord Tor-
thorvvald, by whom he had several sons, who all died without issue, and seven
daughters, all honouratly married : Afterwards he married Dame Mary Home,
daughter to Home of Wedderburn, by whom he had two sons. Sir James, his eldest,
who succeeded him in his estate of Arniston, and Robert Dundas of Harvieston
his second.

This Sir James was one of the Senatoi-s of the College of Justice; he first mar-
ried Dame Marion Boyd, daughter to the Lord Boyd, by whom he had Robert his
successor; and thereafter he married Dame Janet Hepburn, daughter to Hepburn
of Humbie, by whom he had James Dundas, merchant. Doctor Alexander Dundas,
his Majesty's Physician, and Captain Charles Dundas.

This Robert Dundas of Arniston is also one of the Senators of the Colleye of
Justice; he married Margaret Sinclair, daughter to Sir Robert Sinclair of Steven-
ston, with whom he had several children, Mr James and Mr Robert Dundasses,
advocates, Alexander, John, and Charles Dundasses, merchants, and Thomas
Dundas.

James, his eldest son, married Mary Hope, daughter to Sir Alexander Hope of
Kerse, and died, leaving only one daughter, Margaret.

Mr Robert Dundas, now his eldest son, is at present his Majesty's Advocate for
Scotland, and has several children by his kdy, Ehzabeth Watson, daughter to
Watson of Muirhouse.

Robert Dundas of Harvieston, above mentioned, second son of the first Sir- James

Dundas of Arniston, married first Borthwick, daughter to the Lord

Borthwick, by whom he had John, his eldest son, who died without issue ; after-
wards he married Katharine Hamilton, daughter to Hamilton of Preston, with
2.

APPENDIX. 17

whom he had three sons, Alexander, and Walter, who died without issue, and
George, the youngest, who is a chirurgeon-apothecary in Edinburgh, and has se-
veral children by Anne Somerville, daughter to Mr John Somerville, sometime
minister at Cramond.

The above-mentioned James Dundas, merchant, eldest son of the second mar-
riage to the said Sir James Dundas of Arniston, one of the Scmitois of the College
of Justice, married Janet Riddel, daughter to Mr Archibald Riddel, lately one of
the ministers of Edmburgh, and brother-german to Sir John Riddel of that Ilk,
and has with her one son, Robert Dundas, a merchant.

Doctor Alexander Dundas, his Majesty's Physician, the second son, lives still
unmarried ; Captain Charles, the third son of the said iNIargaret, married Helen
Dundas, daughter to George Dundas, merchant in Leith, who is after-mentioned,
and has with her two sons. Captain George Dundas, the eldest, who is an officer in
the royal navy, and Dr James Dundas, the second, who is a physician.

Of the DUNDASSES of Kincavil, Airth, and 1VL\gdalens.

THE above-mentioned William Dundas, second son to the foresaid Sir Walter
Dundas of that Ilk, married Katharine Murray, daughter to Murray of Pennyland,
and had with with her two sons, Mr William Dundas, Advocate, who purchased
the lands of Kincavil in West Lothian, and George Dundas, merchant in Leith.
The said Mr William Dundas of Kincavil married Margaret Edmonstone, daughter
toEdmonstone of Ednam, and had with her only two daughters, Anne, the eldest,
who was married to Lieutenant-Colonel John Erskine of Carnock, uncle to the
Earl of Buchan, who hath several chUdren; and Christian, the second, who was
married to James Earl of Bute, who had with her one son, Mr John Stewart.

The said George Dundas, merchant, second son of the first mentioned William
Dundas, married Helen Cooper, daughter to Cooper of Gogar, and had by her
several sons ; John, the eldest, married Alison Burnet, daughter to Burnet,

merchant in Leith, and had by her several children.

William, the second son of the said George 'Dundas, merchant, married Eliza-
beth Elphinston, heiress of Airth, in the shire of Stirling, and has with her several
children ; he has now purchased the lands of Blair in Perthshire, near Culross,
whicli he calls New-Airth.

James, the third son of the said George, died unmarried.

The said Mr Walter Dpndas, third son of the foresaid Sir Walter Dundas of
that Ilk, purchased the lands of Magdalens in West Lothian; he married Eliza-
beth Bruce, daughter to Bruce of Earlshall, and by her had two sons and several
daughters. He afterwards went with his whole family to Ireland, and they still,
continue there.

FOULIS OF COLLINGTON.

THESE of the name of Foulis, for their arms bear argent, three bay leaves, slip-
ped iif/?, 2 and I. The name is from the French woxA fdiiilles, wlaich signifies
leaves ; whence these of the name are of a French extract, from one Foulis, who
came to Scotland in King Malcolm Canmore's time ; as Lesly, in his History,
lib. 6. pag. 210. edit. Rossie, 4to, says, Reginaldus de Foulis is witness in charters
in the reign of Alexander the II. The lands of Foulis in Angus belonged of old
to those of this name ; of whom was descended Willi.\m Foulis, who was Secre-
tary to King James the I. anno 1424, and was made Keeper of the Privy-Seal, anno
1427 ; as by the registers of the kingdom. He had a son,

lis APPENDIX.

William Foulis, who married Elizabeth Ogilvie, daughter to Sir Walter Ogil-
vie, and with her had two sons, William and James. The last named married
Margaret Henderson, daughter to Sir Thomas Henderson of Fordel, and liad a
son named James, who succeeded to his uncle William, who died without chil-
dren. He purchased the lands of Collington,a««o 1519. There is a commission to
this James, and Adam Otterburn of Auldhame, conjunctly and severally, and the
longest liver of them two, to be Advocates to the King, dated anno 1526; and in
anno 1531, he was made Clerk Register during life: which commission is renew-
ed by Qiieen Mary, eumo 1542. He married Katharine Brown, daughter to Brown
of Hartree, and was succeeded by his son

Heniiy Foulis, who married Mary Haldane, daughter to Gleneagles. There is a
letter from Prince Henry and Queen Mary, presenting him to be one of the Se-
nators of the Session, as soon as a place in the temporal state should happen to
vaick, dated anno regnii. and 24.; which letter is in the Advocates' Library. He
was succeeded by his son

James Foulis, who married Anna Heriot, heiress of Lumphoy ; with her he had
issue seven sons, James, who succeeded; George, the first laird of Ravelston ; and
David who went to England with King James VI. and was made knight baronet
6th February 16 19, and got, by favour of the king, the lands of Inglesby in the
county of York, which are possessed by his descendants to this day. The fifth
son, John Foulis, apothecary, whose grandson, John Foulis, in the Sasine Chamber,
is servant to Mr William Foulis, clerk, after-mentioned; and the seventh son Foulis
of Ratho.

Sir James, the eldest son, succeeded his father, who married Mary Lauder, a
daughter of Lauder of Hatton, and relict of the Laird of Cunninghamhead; and
was succeeded by his son

Sir Alexander Foulis, made Knight Baronet 7th June 1634; married Eliza-
beth Hepburn, relict of the sheriff of Bute. Her father was son to Riccarton, who
was son to the Earl of Bothwell ; and was succeeded by his son

Sir James Foulis, w-ho was eminently loyal for his Sovereign King Charles II.
married Barbara Ainslie, daughter to Andrew Ainslie, one of the magistrates of
lidinburgh. He was made a Senator of the College of Justice, anno i66r, and
Justice Clerk, anna 1684. In which ofllces he continued till his death, the ipth of
January 1688, and was succeeded by his son

Sir James Foulis, who married Margaret Boyd, daughter to John Boyd, Dean of
Guild of Edinburgh. He was one of the Senators of the College of Justice in the
year 1674, and continued in that office till 1688 ; died 1711, and is succeeded by
his son Sir James.

The eldest cadet of the family of Collington was the above-mentioned George
Foulis, second son of James Foulis of Collington, and his lady Anne Heriot. He
was Master of his Majesty's Mint, and purchased the lands of Ravelston, and mar-
ried Janet Bannatvne, daughter to George Bannatyne of Newtyle, ist June 1603.
With her he had several children ; George his eldest son, and Mr Alexander a
younger one, who purchased the lands of Ratho, now possessed by his grandson
Alexander Foulis of Ratho, who carries argent, on a cheveron between three lau-
rel leaves, vert, as many besants argent ; crest, a dove holding an olive branch in
her beak, proper : motto. Pax.

George, the eldest son, succeeded his father in the lands of Ravelston; he mar-
ried Jean Sinclair, daughter to Sir John Sinclair of Stevenson; and was succeeded
by his son

Sir John Foulis, dignified in anno 1661 Baronet. He married Margaret Prim-
rose, daughter to Sir Archibald Primrose of Chester, Clerk Register, and his lady
Elizabeth Keith, daughter to James Keith of Benholm, second son to George
Earl Marischal. Sir Archibald Primrose having purchased the estate of Dunipace,
tailzied the same to Sir John's eldest son, on condition that he should bear the
name and arms of Primrose. Sir John' Foulis, that he might have one of his sons
to represent himself, bearing his name and arms, gave to his second son, William
Foulis,, the lands of Woodhall. Sir John Foulis was Clerk to the General Regis-
ter of Seasins, E.enunciations, &c. and to other particular registers, from the year
1661, to the year 1701, that he dimitted those offices in favour of his second son.

APPENDIX.

^9

William Fmiiis, now of Woodhall. His father's arms were argent, on a fessc, be-
tween three bay leaves vert, a primrose or ; crest, a dove volant, holding a leaf in
her beak, proper : motto, Tbtire l^ jure.

Sir John Foui.is of Ravelston ; his eldest son George took upon him the name
and arms of Primrose, by the destination of his grandfather. Sir Archibald Prim-
rose. His son Sir Archibald Primrose possesseth the lands of Dunipace and Ravel-
ston, grandson of Sir John Foulis.

William Fuulis of Woodhall, second son of Sir John, carries the arms of Fouhs,
argent, three bay leaves slipped vert, within a bordure ermine ; crest, a flower-pot
with a branch of laurel springing out of it : motto, Non deficit.

CHALMERS of Gaitgirth.

CHALMERS or Chambers of Gaitgirth, sometimes designed Chalmers of that
Ilk, as in the Fust Volume of this Treatise, is one of the ancientest famihes in
the shire of Ayr, and chief of the name ; of old, wrote in Latin, De Camera, es-
pecially in our ancient records.

Sir George Mackenzie, in his Manuscript of Families, says. It is more than
probable that this family took the surname de Camera, when surnames first be-
gan in the reign of Malcolm Canmore, from the office Camerariiis Regis, i. e.
the King's Chamberlain ; and says he has seen a charter granted by King William
to the abbacy of Paisley ; amongst the witnesses there is one Herbert de Camera,
which, no doubt, was then his surname, and not his office ; for in King William's
time, he wtio had the office of chamberlain, beside his siurname, was designed
Camcrarms Regis; so it is probable the surname de Camera was occasioned by the
office being anciently in this family.

In the records of charters in the Parliament House, there are several granted to
them of the name of Camera, as, Charta Willielmi de Camera, in the year 1369.
As also to the name of Chnhner, as Charta 'Joannis Cbalmer, under the Great Seal,
erecting the lands of Gaitgirth and Culreath into one barony, in the shire of Ayr,
1468. These names Camera and Cbalmer are the same ; the one in Latin, the
other in English.

I have seen a birth-brieve in the reign of King James VI. with the consent of
his privy council, past under the Great Seul to Sir James Boyd of Trochrig, the
i6th of August 1609, showing his mother, Margaret Cbalmer, daughter of Jame<
Chalmer, Baron of Gaitgirth, chief of his family, and of the name, as also his pro-
genitors, barons of Gaitgirth, these 500 years bygone, which is evident by authen-
tic documents of the family in Latin, thus, " In prosapia, Margareta Camera filia
" domini Jacobi Camerii, Baronis de Gaitgirth, familias suae principis. Qui quideni
" Camerii, Baronis de Gaitgirth, ab annis jam amplius quingentis, illius noniini^
" principes claruerunt, ut ex authenticis liquet illius domus laonumentis."

One of the family surnamed de Camera (as Sir George Mackenzie) went to
France, and called himself Camerarius, in Latin, and in French, de la Chambre,
and after his return home, in English, Chalmers. This tradition, savs he, seems
to be confirmed by the flower-de-luce which the family carries in their arms. It is
very probable it was granted by the King of France when John Chalmers of Gait-
girth, in the year 1423, accompanied Archibald Earl of Douglas to France, who
was made Duke of Touraine, and Marechal of France, by King Charles Vll. ; he
quartered the arms of that dukedom, being azure, sane of flower-de-luces or, witii
his own arms. And John Chalmer probably had one flower-de-luce granted to him
for his valour, which the family ever since have continued. The name Ch.\lmers
is since more frequently used than Camera in all their charters that 1 have seen,
by which I give the genealogical account of the family. .

Sir John Chalmers of Gaitgirth, s- n to the above-mentioned John, as by his
charter in the year 1468. He is frequently mentioned in the records of Parlia-
ment, in the year 1484, which continued to the first of October 1487. Dominus df

Vol. II. M

;o APPENDIX.

Gah^hth ; and is ranked amongst the barons betwixt Doj/ii/ii/s de Ker, and Domi-
nus de Balcomy ; he was succeeded by his son

James, who gets his sasine of the lands and barony of Gaitgirth, Culraith, and
Chalmer-house, (from the last of these lands the family has been designed Chal-
mers of that Ilk) as heir to his father, Sir John Chalmers, upon a precept of the
Chancery, dated the ist of October 1501. He married Annabel, daughter to Cun-
ningham of Caprington, a second son of the family of Glencairn. Their son
and successor was

Robert Chalmers, Baron of Gaitgirth, who married a daughter of Campbell
r.ord Loudon, afterwards Earl ; and was succeeded by his son

James, who gets a charter of confirmation, under the Great Seal, of the barony
of Gaitgirth, the 6th of January 1541 ; and a charter of twenty-pound lands of
'f horny-bank, alias Chalmer-house; as also a charter of the lands of New-Park de
tileiiken, in the lordship of Galloway, and stewarty of Kircudbright, the loth of
August 1588 : his lady was a daughter of Fullarton of Corsbie; and was succeed-
ed by his son

James Chalmers of Gaitgirth, who was also infeft in Corsflet and Auldhouse-
burn, as heir to his father, the 8th of May 1608. He married a daughter of Hous-
ton of that Ilk. He was succeeded by his son

James, Baron of Gaitgirth, Sheriff-Principal of Ayr, by commission under the
Great Seal, dated the 8th of September 1632. His lady was Isabel Blair, daugh-
ter to Blair of that Ilk, and with her had his son and successor

John Chalmers of Gaitgirth, who married Mrs Mary Campbell, eldest lawful
daughter to Sir Duncan Campbell of Auchinbreck, father and mother of the pre-
sent John Chalmers of Gaitgirth, who married Mrs Margaret Montgomery, eldest
lawful daughter to Colonel James Montgomery of Coilstield, second son of Alex-
ander Earl of Eglinton, whose eldest son and apparent heir is

Captain John Chalmers, who, during the course of the late war, served in
Leieutenant-General George Hamilton's regiment abroad in Flanders.

The achievement of this family is argent, a demi-lion rampant issuing out of a
fesse, and, in base, a flower-de-luce sable; crest, a falcon rising, with the motto,
Spero. These arms have been supported, of old, by a sagittary drawing a bow
on the right, and, on the left, by a syren or mermaid, all proper ; as on the
frontispiece of their house, and other utensils belonging thereto: which supporters
the family has assumed when barons of Parliament, as above mentioned.

There are several families cadets of this, and I shall here mention one honourable
one in France, viz. Chalmers, baron of Tartas, as by his birth-brieve under the
Great Seal, and the Lyon Register, descended of Chalmers of Gaitgirth, or that
Ilk, carries the same with Gaitgirth, within a bordure gules, for his difference ;
crest, a falcon belled, proper : motto, Non prreda sed victoria. The first of
this family was one of the seven brothers, younger sons of the family of Gait-
girth, or of that Ilk, who, in the year 1440, or thereabout, were forced to go
abroad for a slaughter committed by them. The predecessor of Tartas continued
still in Fiance, as does his issue. Other three of the seven returned from abroad,
and quietly took up their residence in Stirlingshire, where the eldest of the three
purchased a piece of land, which he called Chalmerston. The second purchased
the lands called Ashentrees, in the said shire, which they possessed for a consider-
able time ; and some of the issue of that family are there remaining at this time :
and the third brother had the Mill of Guidie.

From Chalmers of Ashentrees was descended James Chalmers, Advocate, who
had three wives, and with each of then had issue; with the first, Margaret, a
daughter of Mr Alexander Nicolson, an Advocate, he had a son, Thomas, who
married Mrs Mary Cooper, daughter to Sir John Cooper of Gogar, who entailed
his estate upon John, the eldest son of Mr Thomas, and his daughter; which John
was ensign a considerable time in the regiment of the Scots Guards : he has two
brothers in the service of the government ; those carry the arms of Gaitgirth,.
above blazoned, with a suitable difference; crest, a hand holding up a pair of scales,
with the motto, Firtute iS labore, and, of late, Lanx mihi clausr/s..
3

APPENDIX.

MOWBRAY.

NOTWITHSTANDING of what I said of the ancient Ikniily of Mowbray ii.
the Fii-st Volume of this work, whom, for want of vouchers to prove the contrary,
I was obhged to conclude as extinguished in the person of the last Sir Robert
Mowbray of Barnbougle, who died about the year 1675, having, through debts and
other misfortunes, lost tlie remains of a very fair and ancient inheritance, and died
without issue of his own body.

These baronies of Dalmeny, Barnbougle, and Invcrkeithing, the paternal inheri-
tance of that family, being now in the possession of Primrose Earl of Rosebery.

Historians and heralds must write according to information and vouchers: when
these are silent, Or hid from us, we must also be silent. Nor is the injury done to
families, through silence or ignorance, imputable to us, but to the owners or con-
cealers of such documents, who neglect to furnish us with suitable materials, where-
by themselves and predecessors might be perpetuate to posterity.

As, for instance, this old family of Mowbray of Barnbougle, &.c. whom we
have in this kingdom, upon undoubted record, as valorous and honourable people
above 5C0 years ago, had been left without a representative or heir-male, known
to this, and probably to after generations; if I had not been very lately furnished
■with three old parchments, very clean and clearly wrote in Latin, with whole and
entire seals of arms appended to two of them, belonging to John Mowbray of Cock-
airny in Fife, and brought to my hands by his brother-german, Robert Mowbray,
his majesty's master-carpenter for North Britain, and late conveener of tlie trades
of Edinburgh. They plainly prove, that William Mowbray of Cockairny was a
younger son of the family of Barnbougle, who were also at that time proprietors
of the lordship of Inverkeithing, and barony of Dalmeny. The said William was
born, or descended of them about the year 1460, who is the undoubted heir-male
and representer of that family. I shall first give you a short transumpt of the
parchments themselves, and next blazon the seals.

The first is a charter granted (in the reign of King James the IV.) by Sir
Jown Mowbray of Barnbougle, Knight, and lord or proprietor of the lordship of
Inverkeithing, in favours of William Mowbray, his beloved father's brother, of the
lands of Cockairny, in the shire of Fife, as a part of the lordship of Inverkeithing,
to his heirs or assignees whatsomever, holding feu blanch, dated at Barnbougle,
the 24th of September 151 1, before these witnesses, James Logan, Sheriff-depute
of Edinburgh, cousin to the said Sir John Mowbray, James Mowbray, Philip Mow-
bray, and John Mowbray, also cousins to the said Sir John, Patrick Sinclair,
William Scougal, Thomas Gibson. Signed thus, John Mowbray, Knight of Barn-
bougle.

The second is a precept of sasine, granted by the said Sir John Mowbray of
Barnbougle, lord of tlie barony of Inverkeithing, following on the said charter,
directed to his beloved cousin, James Logan, Sheriff-depute of Edinburgh, Philip
Mowbray, John Mowbray, Patrick Sinclair, AVilliam Scougal, and William Brown,
and to any of them, conjunctly and severally, his bailies, to give infeftment and pos-
session to his beloved uncle, William Mowbray, of the lands of Cockairny, with
pertinents; in which precept he narrates the above charter. The precept is dated
at Edinburgh the 25th of September 151 1, and signed thus, John Mowbray, Knight,
with my hand.

The third is a sasiiTe following the said charter and precept, in favours of the
said William Mowbray,^ of the lands of Cockairny ; wherein the said charter and
precept are faithfully narrated, written and signed by Thomas Ottir, presbyter of
the diocese of St Andrews, and, by imperial authority, notar-public, dated at the
principal messuage or manor-house of Cockairny, at two afternoon, or there-
abouts, the 9th day of October 1511, the 14th indiction, and Sth year of the pope-
dom of Julius II. before these witnesses, Robert Logan, Knight, son and heir to
John Logan of Restalrig, Philip Moubray, John Moubray, James Moubray, George
Hueion, (whom, by the by, I take to be the predecessor of this present Hueson of

22 APPENDIX.

Braehead) Patrick Cromnoy, Alexander Newton, John Brown, Robert Brown,
William Brown, John Finlaw, and James Murdo, with many others. The reader,
I hope, will excuse that, for the satisfaction of all or any concerned in these sur-
names, I have industriously kept in all the witnesses' names, and kept close to the
orthograpliy of these times.

From all which, it is to a demonstration evident, that this William Mowbray
of Cockairny, and second son of the family of Barnbougle, born about the year
1460, as above, was the grandson of David Mowbray of Barnbougle, who was one
of the hostages for the ransom of King James I. mentioned in my First Volume ;
for that king was detained eighteen years prisoner in England, and came home in
the year 1423.

It was the daughter of this David Mowbray who was heiress of Barnbougle, and
was married to Robert Drummond, second son to Sir John Drummond of Stob-
hall, who changed his name, and bore the arms of Mowbray, and took for title
their old patrimonial stile of Dalmeny ; which is plain by the legend about the
seal, appended by Sir John Mowbray to the above parchments, viz. S. Johannis
Mouhra de Dumain. By the old characters of this seal it appears to be cut early
in the year 1400.

The arms upon the seal is a lion rampant, as expressed in my First Volume, yet
there is a singular addition, viz. a crown above the head of the lion, of which
crown there is no mention made in any account of the arms of the Mowbrays up-
on record before the year 1400 ; wherefore it is more than probable that it was
conferred upon them as an additional mark of honour at David Mowbray's return
from England with his prince, anno 1423, in perpetual memory of his services
done for the crown in that expedition.

This good action done for King James I. is not the first signal service performed
by them for their country and sovereign : for I find that Roger Mowbray is among
these noble patriots, dukes, earls, lords, and barons, and is the first baron who signed
that incomparable piece, asserting their religion, loyalty, and liberty, directed by
way of letter to Pope John XXIII. dated at the Abbey of Aberbrothick the 6th
April 1320, and 15th year of King Robert the Bruce's reign.

The race of the family of Barnbougle failed in the year 1675, as above men-
tioned; but the race of William Mowbray of Cockairny are still in being, and pre-
sent possessors of that inheritance ; from whom this present John Mowbray of Cock-
airny is the undoubted heir, in a direct and uninterrupted male line.

The paternal bearing of the name of Mowbray is gules, a lion rampant argent,
crowned or, armed and langued azure, and has been in use to be supported by a
man on the right, and a woman on the left, in fashionable habits; crest, a woman's
head : motto, Audentes fortuna juvat.

Robert Mowbray above mentioned, brother to the present John Mowbray of
Cockairny, carries the arms of the family, with a crescent ^z//(?j' upon the shoulder
of the lion ; and, for crest, a hand with a hand-saw, proper, with the motto, La
bore et industria.

MOODIE OF Melsetter.

CAPTAIN James Moodie, late Commander of his Majesty's ship the Prince
George, a son of Moodie of Melsetter, an ancient family in Orkney, upwards
of 400 years standing, who have possessed several lands in Caithness since the year
1460. Captain James, for his merit and great services done to her late Majesty
Queen Anne, and, in particular, for relieving the town and Castle of Denia in
Spain, when besieged by the French in the years 1707, and 1708, was by her ma-
jesty honoured with a coat of augmentation, which is quartered in the first and
fourth place bef)re his paternal coat, as in Plate of Achievements thus blazoned,
viz. quarterly, first and fourth, parted per fesse wavey; 'axst gules, a castle ensigned

APPENDIX. 23

with a dacal ciown, proper; second azure, three ships under sail, proper; se-
cond and third quarter, azure, ,a cheveron ermine between three pheons, argent,
and in the middle chief point a hunting horn or, for the name of Moodie: which
arms are adorned with manthng and hehiiet suitable to his dignity, ensigned with
a naval coronet, and thereupon, for crest, is placed a lion passiint gard,int or, hold-
ing up in his dexter paw a ^^.g gules, and a canton or, charged with a double eagle
displayed sable ; with this motto, The reward of valour.

ROSS OF Craigie.

ROSS of Craigie carries or, a fessc cheque, sable and argent, between three-
water-budgets of the last, as in Sir James Balfour's MSS. There is no certain re-
cord how, or from whom this family had its beginning; it is certain, it was a great
and flourishing family in tiie reigns of Kings Robert and David Braces; in the
last of these reigns a daughter of this family was married to Sir John Drummond
of Concraig, steward of Strathern, predecessor of the Earls of Perth; and there-
after Drummond of Balloch married another daughter of Ross of Craigie, who was
mother of John Drummond first Laird of Milnab, as in the Genealogical History
of the Famdy of Perth, written by William Drummond Viscount of Strathallan.

This family continued eminent till about the middle of King James VI. 's reign,
when it began to decline, and was entirely ruined, and their estate carried off by
many creditors in the beginning of King Charles I.'s reign.

John Ross Laird of Craigie was a principal favourite to King James V. (Knox's
History) and was taken prisoner by the English at Sohvay Moss. He is also men-
tioned in Baker's Chronicle (by an easy mistake) John Ross Lord of Gray, instead
of Laird of Craigie. They had a great estate near the town of Perth, and had in-
termarriages with several honourable famihes in that country, as Drummond of
Concraig, steward of Strathern, Drummond of Ballocli, Murray of Balvaird, now
Viscount of Stormont, Seaton of Lathrisk, Ogilvie of Inchmartin, and many
others.

From this family is descended Patrick Ross of Innernethy, whose great-grand-
father, Patrick Ross, Sherift-Clerk of Perth, purchased these lands. He was grand-
child to Alexander Ross, second son to the Laird of Craigie. This family of In-
nernethy have always carried the arms of Craigie, as appears from their seals, and
on the funeral monument of the said Patrick Ross, in the Grey Friars of Perth,
where the arms are very well cut, but without crest or motto. They are allied in
this and the preceding generations, since their descent from that House, with the
famihes of Norie of Norieston in Monteith, Moncrieft' of Easter Moncrietf, Clark of
Pitteuchar, Lindsay of Evelick, Seaton of Lathrisk, Lindsay of Kilspindy, Pitcairn
of Pitlour, Osburn of Peppermill, Sinclair of Balgreigie, Douglas of Strathenrie,
Balfour of Denmill.

Mr George Ross, Advocate, a son of Innernethie, married the eldest daughter
and co-heir of Mr John Sinclair of Balgreigie, a late cadet of the Lord Sinclair,
for which Mr George quarters the arms ot,Smclair of Balgreigie witli his paternal
one; and, for crest, a CToss ingrailed Jitche sable, with the motto, Cruce detector.
And for verity of the above descent and bearing, the Lyon King at Arms has
given a patent under his hand and seal of office to John Ross, younger of Balgreigie,
eldest lav/ful son of Mr John Ross of Balgreigie, advocate, (lawful son of Mr
Robert Ross of Innernethie, lawfully descended of the family of Ross of Craigie,
in the sheriifdom of Perth) by Anna Sinclair, his wife, eldest lawful daughter and
co-heir of Mr John Sinclair of Balgreigie, lawfully descended of a second son of
the Lord Sinclair, to carry two coats, quarterly, first and fourth or, a fesse cheque,
sable and argent, betwixt three M'ater-budgets, within a bordure of the second, as
his paternal bearing of the name of Ross; second and third, quarterly, first and
fourth azure, a ship at anchor, within a double tressure. flowered and counter-

VoL. U. 4 N

24 APPENDIX.

flowered with flower-de-luces or; second and third azure, a ship under sail or;
over all an escutcheon ardent, a cross ingrailed sable, with a crescent for difference,
by the name of Sinclair, in right of his motlier; crest, a cross ingrailed sab/e:
motto, Cruce delector.

SPREUL OF COWDEN.

IN the First Part of the System of Heraldry I have given the arms of
Spreul of Cowden, with a short memorial of the family, page 437, and I shall
here insist a little on the descendants of that family, which appears to have been
eminent of old in the shire of Renfrew: For, in the reign of Alexander III.' Walter
Spreul of Cowden, and Scnescal of Lennox, had a grant of the lands of Dalquharn
in Dumbartonshire from the Earl of Lennox.

The tamily continued from that time, till about the year 1622, that William
Lord Cochran of Cowden, father of the first Earl of Dundonald, purchased the
lands of Cowden from John Spreul, proprietor thereof.

Of this family there were several branches, as the Spreuls of Ladymuir, Castle-
hill and Blachairne. Mr John Spreul, a younger son of the family of Cowden, in
the reign of King James IV. being bred to learning, in view of the service of the
churcli, took holy orders, and was first made Vicar of Dundonald, 1507, and at the
same time was one of the Professors of Philosophy in the University of Glasgow,
and thereafter Rector of the said university, as in the Register of the College of
Glasgow: He was thereafter advanced, by Bishop Dunbar of Glasgow, to be one of
the prebends of his metropolitan church, to which the rectory of Ancrum was aii-
nexed.

By these offices Mr John Spreul made several acquisitions of lands; first, he ac-
quired from Gabriel Semple, brother to the Lord Semple, the lands of Ladymuir,
Gastlehill and King's-Meadows, and that with consent of Janet Spreul, his spouse,
who was Mr Spreul's sister: Likewise he purchased the lands of Blachairn, within
the lordship of Provan, and a fair lodging within the city of Glasgow; of all
which he put his brother Robert, burgess of Glasgow, and John Spreul, his brother's
son, in the fee, by his disposition, dated 1541, and by a charter of confirmation,
under the Great Seal, 1542, in the minority of Queen Mary. Of which lands
{ohn, the nephew, came to the possession, upon his uncle's death, which happened
in the year 1555. Upon the Reformation he was made rector of Cambuslang,
and was so designed in his infeftment of the foresaid lands, in the year 1588. He
was succeeded by his heir and son John Spreul, and he by his son John, who was
Provost of Renfrew, about the beginning of Charles I.'s reign ; and he again
by his son Mr John Spreul, who, being bred to the law, was first made town-clerk
of Glasgow, and thereafter one of the principal clerks of Session. He was succeed-
ed by his son John Spreul of Blachairn, who married Agnes Spreul, daughter to
Andrew Spreul of Milton. There son is Andrew Spreul of Blachairn, writer in
Edinburgh, who carries the principal arms of Cowden, as representer thereof, and,
out of gratitude to the memory of the above-mentioned Mr John Spreul, the
canon, he adds, by way of crest, to his arms, a book expanded; with the motto,
Manet in eternum.

FARQUHARSON of Invercauld.

FAPvCiUHARSON, a considerable clan and family in the Braes of Marr, and
adjacent countrieb, m idsh called tiuniaula, deriving their descent from Shav/,

APPENDIX'. 25

son to Macduff Thane of Fife, which makes them related to M'Intosh, and lias been
the first arise of their being reckoned one of the clans of Chatton.

Farqi'harson' of Invercauld is the chieftain of the name, wliose coat of arms I
have given in my First Volume, as recorded in the Lyon Register. The imme-
diate sons of the family (th;it ac(]uired lands and possessions) in order as they
descended, are, Monaltrie, Brochdergo, Achriachan, and Revernis. The sons of
Monaltrie, in their order, are, Finxean, Alenquhoich, Inverey, and W'hitehouse.
The sons of Brochdergo are, Richaillie, Shanelie, and Alrick. The sons of Achri-
achan are Camdel and Altinlairge. The sons of Revernis are Kirkton of Aboyne,
Weston and Coults. The sons of Finv.ean are Kirkton of Birss and Balfour. The
sons of Alenquhoich are Tom and Micras. The sons of Inverey are Achindryne
and Balmurrel; and of Achindryne is TuUochcoy.

WHITEFORD of Blairquh.vn.

IN the First Volume, page 368, I gave the arms and alliances of the House of
Whu-eford of Blairquhan, which, since, I find to have also matched with Cath-
cart of Carleton; and likewise, that Sir Adam Whiteford of Blairquhan disponed
to his brother Bryce Whiteford the lands of Dundaff and Cloncaird.

GRAHAM OF Balgowan.

GRAHAM of Balgowan, in the shire of Perth, descended of the family of Mon-
trose, being a fourth son of William Lord Graham, and his second lady, Mary
Stewart, daughter of King Robert III. hath been in use to carry, for arms, or, on a
chief indented sable, three escalops of the first, and in the centre a martlet of the
second, within the double tressure of Scotland, as a badge of their maternal descent
from the royal family, and so carried by the branches descended from the above-
mentioned lady, as I observed before; for crest, a dove; with the motto, Candide
y secure.

John Graham of Balgowan, upon account of his loyalty and assistance given to
King James VI. ag-ainst the conspiracy of William Earl of Gowry, got from that
ki'ig several lands belonging to that earl, viz. Nether-Pitcairnes, Craigengall, half
lands of Monedy, half lands of Legelurie, and half of Codrachie-Mill, with the
patronage of the kirk of Monedy, as the charter bears, the 24th day of August
1584, which I have seen.

KINLOCH OF THAT Ilk.

KINLOCH of that Ilk, in the shire of Fife, seems to be very ancient, and the
name amongst the earliest surnames in the kingdom. Their arms are azure, a
boar's head couped, betwixt three mascles or, as in Sir David Lindsay of the Mount,
his Illuminated Manuscript, and in Esplin's Illuminated Manuscript. Mr Pont,
in his Collections, gives the same arms, with others, viz. azure, a bishop's pall or,
between three laurel leaves argent. It seems the family hath sometimes made use

26 APPENDIX.

of tlie last arms, upon the 'account that one Kellach, or Killoch, was the se-
cond Archbishop of St Andrews, as Mr Martin in his MS. ReUquia Sancta Andrea.
This bishop built a chapel to St Anna, near St Andrews, called after him Kinkel,
as Sir Robert Sibbald says in his History of Fife, page 134. There was after-
wards another bisliop of St Andrews of the name of Kinloch, in the reign of Gre-
gory the Great. They derive the name of Kinloch from their lands situate at
the head of a loch : And in the old Scottish language kian, or kin, signifies the head :
p'rom hence the surname Kinloch designed of the same.

As for ancient charters belonging to this family, they are yet extant in the
hands of Hamilton of Wishaw, a learned antiquary, he being in possession of the
barony of Weatherby, joining to Kinloch, and a part of that old estate, which are
five charters, two of which granted by Roger ^dncy Comes IVintonia: y Constabu-
larius Scotia, to John de Kindcloch, of the lands of Birking, without a date: Also
another charter by the same Roger Quincy to the said John de Kindeloch and
his. heirs, of the lands and mill of Peclouhyn, which Myles, the son of William,
gave Uthred, his grandfather; which charter has also no date; but Roger Quincy's
seal is appended, with his arms, bemg seven mascles 3, 3 and i; which mascles
the name of Kinloch now carrying, took their 3 from Roger Quincy as their
patron or superior of some of those lands so disponed by him to them, and laid
aside the old arms, the bishop's pall, above mentioned ; but bears a boar's head
erased, betwixt two mascles, as it is to be seen carved upon the seat in the church
of Creigh, belonging to the predecessors of David Kinloch of Conland ; and on
the gate-head of their house in Lithrie, anno 1591, done by John Kinloch, son and
heir to George the immediate son of Kinloch.

The third charter, in the hands of the Laird of Wishaw, is that of William
M'Brab to John de Kindeloch, of the lands of Collessin, and lands of Peclouhyn,
having no date, and blench.

Fourth charter, IVulter Oliphard, son to Walter Oliphard, to Allan son of Allan,
of the lands of Cullison, and lands of Abarnethen, having no date. This charter
is confirmed by King William in the year 1165.

The fifth charter is granted by John Ogilvie, with consent of William Lamber-
ton. Bishop of St Andrews, to William de Kindeloch, of the lands of Parbroth and
Kinsleif; which lands march with Lithrie.

So much for the antiquity of the family, which continued for a long time very
considerable, and had a great part of the lands of Lithrie and Brunton near join-
ing with Kinloch and the barony of Cruvie, about three miles distance from
Lithrie.

Sir Alexander Kinloch of that Ilk had two brothers; Andrew and George
Kinlochs got from their father different portions of the lands of Lithrie and Brun-
ton: Sir Alexander sold the town and lands of Kinloch to Balfour of Balgarvie,
predecessor to the Lord Burleigh; but retained the barony of Weatherby, and
built a strong house on Cruvie, being at feud with his neighbours. The greatest
part of the house is yet standing. Sir Alexander having three sons, who were
killed by his said neighbours and their associates, so that he had only remaining
two daughters, Isabel and Jean Kinlochs. The first was married to Ramsay of
Leuchars, and got with her the barony of Cruvie; she had only one daughter, who
was married to Sir David Carnegie, predecessor of the Earl of Southesk, who got
with her the estate of Leuchars and Cruvie. The other daughter, Jean Kinloch,
was married to Sandilands of Abercromby, and he got with her the barony of
Weatherby, and some other feus about it; the old writs ot which are in the hands
of the above-mentioned Laird of Wishaw, possessor of these lands.

Sir Alexander Kinloch of that Ilk died without male issue, so that the above-
mentioned Andrew Kinloch, his brother, came to be heir-male and representer of
the family of Kinloch and Cruvie. I have seen a disposition by the abbot and
monks of Balmerino of the lands of Little-Kinnire, to and in favours of an ho-
nourable man, Andrew Kinloch in Lithrie, for the sum of 200 merks, and for up-
holding the walls of that abbacy, dated at Balmerino the 5th of May 1529; he had
no sons, but one daughter, Elizabeth, who was married to Robert Paterson of Dun-
mure, with whom he got with her the above-mentioned lands, upon condition that
he and his heirs, with his wife, took upon them the name and arms of Kinloch ;

APPENDIX. n-j

which faiHng, the lands were to return to George Kinloth tlie uncle, iis by the
contract of marriage. Robert peitbrmed the condition of the contract, in taking on
the name of Kinloch and arms with his lady: He had a son, Andrew, who, after
coming to be a man, enters into a contract with his grand-uncle George Kinloch,
portioner of Lithrie, that he might freely return to the name of Paterson, and
that the said George should take no advantage of him by virtue of his mother's
contract of marriage. Which contract I have seen in the hands of Mr David
Kinloch of Conland, in the shire of Fife, son of Mr George Kinloch, portioner of
Lithrie, great-grandson of the above George, with whom Andrew Paterson of Dun-
mure made the last contract; So that the said David is the heir-male and repre-
senter of the ancient family of Kinloch and Cruvie.

In the New Register, David Kinloch of Aberborthie, descended of Cruvie,
bears azure, a boar's head erased betwixt three mascles or; for crest, a young
eagle perching, and looking up to the sun in its splendour: motto, Non degcner.
(L. R.) Of Inm is descended Sir James Kinloch of that Ilk in Angus.

David Kinloch of Gourdie bears azure, on a cheveron between three mascles
or, a boar's head erased of the field, and a flower-de-luce of the second ; crest, an
eagle soaring aloft, proper : motto, Tet higher. L. R.

MACKENZIE of Garloch.

THE first of this family was Hector Mackenzie, eldest lawful son by a second
marriage of Alexander Mackenzie, seventh Laird and Baron of Kintail, (one of
the progenitors of the noble family of Seaforth) procreate betwixt him and Mar-
garet, daughter of Macdonald of Morell, his second wife.

This Hector, by a charter under the Great Seal granted by King James IV.
dated at Edinburgh the 8th day of April 1513 years, and 25th of his majesty's
reign, had the lands and barony of Garloch, Glassletter, and pertinents, heritably
disponed to him and his heirs-male, for military service. He was at the battle of
Flodden with the said king, and was thereafter tutor of Kintail. He married Anne,
daughter to Macdonald of Moydart, by whom he had

John, his eldest son and successor in the above lands, who married Agnes.
Eraser, daughter to James Eraser, tutor of Lovat, and second lawful son of Hugh
Lord Eraser of Lovat ; by which marriage he got the lands of Kinkell, and several
others in the low country ; for which the family has been in use to quarter the
Eraser's arms with their own. She bare to him several children, the eldest where-
of was

John Mackenzie of Garloch, who succeeded bis father, and married Anne,
daughter to ^neas Macdonald of Glengary, by whom he had

Alexander Mackenzie of Garloch, who married Mackenzie,

daughter to Roderick Mackenzie of Redcastle. The eldest son of which marriage
was

Kenneth Mackenzie of Garloch, who, anno 1635, married Catharine, daughter
to Sir Donald Macdonald of Slate, by whom he had no issue, and by a second mar-
riage with Anne, daughter to Grant of that Ilk, by a daughter of Ogilvie Earl of
Eindlater, anno 1640, he had for his son and successor,

Alexander. Mackenzie of Garloch, who, in anno i6jo, married Barbara Mac-
kenzie, daughter of Sir John Mackenzie of Tarbet, by whom he had one son,

Kenneth Mackenzie, who succeeded his father, and, in anno 1700, married.
Margaret, daughter of Sir Rorie Mackenzie of Eindon. The eldest son of which
marriage is

Alexander M.\ckenzie, now of Garloch, who succeeded his father, anno 1704,
while an infant.

The achievement of the family, as recorded in the Lyon Register, is, quarterly,
fiiit and fourth azure, a hart's bead cabossed, and attired wth ten tynes, or ; se-
Vol. II. 4 O

-8 APPENDIX.

cond and third azure, three tVasiers argent. Which shield is timbred with helmet
and mantlings befitting his quality ; and, on a wreath of his colours is set, tor
crest, a dexter arm, holding a garland of laurel, all proper ; with the motto, Ftr-
tute et valore.

Of this family are descended the Mackenzies of Balmaduthy, Letterew, and
Mountgerald, and Mr WiUiam Mackenzie of Davachcairny, and John Mackenzie
of Lochend, uncles to the present Garloch, who have right to carry the above-
arms with suitable difterences.

MELVILLE.

THE surname of Melville is ancient with us, and of old designed De Mala Villa.
An account of which 1 here subjoin, having omitted it accidentally in the first
part of the System of Heraldry. Some say, the first of the name came from France
(as Sir George Mackenzie in his manuscript.) But others, more rightly, from a
gentleman who accompanied Queen Margaret, the wife of King Malcolm III.
from Hungary ; as in a manuscript of the family of Melville, which I did see in
the custody of Captain George Melville of Crescent-Hall.

The first of the name of Melville got several lands in Lothian from King Mal-
colm II. which he called after his own name. But be this as it will, the Melvilles
were very considerable in the reign of King William, both for the many lands
they enjoyed, and great offices they held under the crown.

In the above-mentioned manuscript there is a short abstract of a charter of con-
firmation by King William, to Galfrid Melville, and his son George, of some lands
which formerly belonged to Macbeth, which shows their antiquity.

About which time there were three considerable families of the name : As Mel-
ville of Melville-Castle in Lothian, Melville of Raith in Fife, and Melville of
Glenbervie, in the county of Kincardine.

Melville of Melville-Castle seems to have been the principal family. Galfred de
Maleville, in the reign of King William,, gave the church of Maleville to the monks
of Dunfermline, for prayers to be said ^ro animabus Davidis regis, et Malcomijuni-
oris, et pro animabus antecessorum meorum coram sepultura pradictorum regum : As
appears from a copy of the charter, to be found in my Lord Haddington's Col-
lections, in the Lawyers' Library; where there are also several other char-
ters of John de Meleville, Gregorie de Melevil, and William de Melml of Melville
Castle ; but the family ended in an heiress, Agnes Melville, married to Sir John
Ross of Halkhead, ancestor to the Lord Ross.

Fhilip de Maleville, Vicecomes de Merns, in the reign of King Alexander II. was
ancestor of the Melvilles of Glenbervie. King David II. grants a charter to John
Melville of the barony of Glenbervie (in Ret. R. Dav. II.) This family, in the
reign of King James II. ended in an heir-female, Giles Melville, married to Sir
John Auchinleck of that Ilk, by whose grandchild and heir-female, in the time
of King James IV. the barony of Glenbervie went by marriage to Sir William
Douglas of Braidwood, son to Archibald Earl of Angus. Melville of Glenbervie
carried, argent, a fesse betwixt three crescents, gules; as also did Melville of Dysart,
and Melville of Carnbie, by our old books of blazuns.

The only remaining branch of the ancient family of Melville is that of Raith :
The first of which was Walter de Maleville, a son of the above-mentioned Galfred
de Maleville, whose successor. Sir John de Mnlevitie, in the county of Fife, is one
of the barons in the Ragman Roll who swore fealty to King Edward I. of England,
anno 1296. From whom descended John Melville of Raith, to whom WiUiam Scott
of Balwyrie grants a charter of the lands of Pitscottie, which is without a date,
date. The witnesses are Rohertus Senescalltis, Thomas Sibbald, John ofWeenu, Wil-
liam of Lundon, Knights ; John of Glen, John of B: wd, and Duncan Ramsay,
j^migeri. I likewise saw, in the hands of Captain Melville of Crescent-Hall, a
3

APPENDIX. 19

mutual contract betwixt the Laii-dof Werayss, and John Melville ofRuith, anent a
water-gang to Schaw's mill, of the date 1420.

From whom was descended William Melville of Raith, whose son and heir Sir
John, a great favourite of King James V., in the reign of Queen Mary, for professing
the protestant religion, lost his life in the year 1549, leaving behind liim, by his lady
Helen, daughter of Alexander Napier of Meichiston, ancestor to the Lord Napier,
six sons and two daughters, first, John, Laird of Raith ; second, Robert, Lord
Melville ; third, Sir James Melville of Halhill, a great statesman and courtier, who
wrote memoirs exactly of his own time. Fourth, Mr William, Commendator of
Tongland and Kilwinning, one of the Senators of the College of Justice. Fifth,
Sir Andrew Melvill of Garvock, who was steward of the household to Q^iieen Mary
and King James VL The sixth son was Captain David Melville ot Newmill.
The two daughters, Janet, the eldest, was married to Sir William Kirkaldy of
Grange, and Margaret to Sir James Johnstone of Elphingston. The second son,
Robert, was Vice-Chancellor of Scotland, Treasurer-depute, and a Lord of Ses-
sion, in the reign of King James VL and by that king was made a peer, by the
title of Lord Melville, in the year 1616. He was succeeded by his son Robert
Lord Melville, who died without issue 1635. Tlie honour, by reason of an en-
tail, came to John Melville of Raith, the great-grandson to John Melville of Raith,
elder brother to Robert first Lord Melville.

Which John Melville of Raith, the third Lord Melville, was succeeded by his son
George Lord Melville, who, in the year 1690, was made Earl of Melville Lord
Raith, was sole Secretary of State, and Lord High Commissioner to the first and
second sessions of the Parliament 1690. He married Katharine, daughter of Alex-
ander Lord Balgonie, son of Alexander first Eiirl of Leven, and with lier had three
sons, first, Alexander Lord Raith, who died without issue ; second, David, who
succeeded his father in his estate and honour ; third, Mr James Melville of Bal-
garvie.

Melville Earl of Melville, Viscount of Kirkcaldy, Lord Raith, Monimail, and-
Balwyrie, carries, quarterly, first and fourth argent, a kss& gules ; second and third
gules, three crescents within a bordure, argent, charged with eight roses of the first,
supported on the dexter with a ratch-liound, and on the sinister by an eagle
proper ; crest, a ratch head erased, sable : Motto, Denique ccelum.

David succeeded his father in his estate and honour ; but the dignity of Leven
being the elder peerage, his lordship now goes by that title, and carries the arms
of the Earls of Leven and Melville. He was a long time Governor of the Castle of
Edinburgh. He was, by her majesty Queen Anne, made General of the forces in
Scotland, General of the Ordnance, and thereafter was constituted Lieutenant
General, and Commander in Chief of all her majesty's forces in this kingdom. All
which stations his lordship held till the year 1712. He married Anne, daughter
of Margaret Countess of Wemyss, by whom he has George Lord Balgony and
Raith, and a son Alexander..

MONCRIEF OF THAT Ilk,

AN ancient family in the shire of Perth, carries argent, a lion rampant, gules,
armed and langued azure, and a chief ermine ; crest, a demi-lion as the former ;
supporters, two men armed cap-a-pee, bearing pikes on their shoulders proper :
motto, Sur esperance, as in the Lyon Register.

Which arms I gave before in the First Volume, page 68 and page 251, where
this family had anciently other supporters, viz. two hons, as in Workman, a herald,
his manuscript 1604 ; when Sir John Moncrief of that Ilk assisted as one of the
knights, when Sir Andrew Murray of Balvaird was, with all solemnity, created
Lord Scone, by Alexander Seaton Earl of Dunfermline, his Majesty's Viceroy for
the time.

50 APPENDIX.

This family Was of great antiquity, and had an opulent fortune in lands, called
Moncrief, from which they took their surname, and was the original family of the
name. There is a charter of confirmation, yet extant, of the lands of Moncrief
to John de Moncrief, by King Alexander III. Which family continued since in
possession of these lands, and as chief of the name, till of late, that Sir John Mon-
crief of that Ilk,- Baronet, sold the estate to Sir Thomas Moncrief, one of the
Clerks of Exchequer. He was succeeded in the chieftainry and honour of baronet,
by his brother-german. Sir James Moncrief, colonel of a regiment of foot. Upon
the death of Sir James without male-issue, the honours of the family devolved
upon Sir John Moncrief of Tippermalloch, eldest son of Mr Hugh Moncrief of
Tippermalloch, the famous physician, second lawful son of Sir William Moncrief
of that Ilk, and Dame Anna Murray, daughter to the Laird of Abercairny ; and
the said Mr Hugh married Isabel Hay, daughter to the Laird of Megginch. Her
mother was married, after her first husband's death, to Hay of Keillor, afterwards
Earl of Errol.

The said Sir John married his cousin Nicolas Moncrief, daughter to the Laird of
Easter Moncrief, descended of a second son of Moncrief of that Ilk, and had Sir Hugh
Moncrief of Tippermalloch, Baronet, the chief and representer of the family of
Moncrief of that Ilk, who carries the principal coat of the family as above blazon-
ed from the Lyon Register.

The family has not only been ancient, but very considerable in the country, be-
ing allied with many great and honourable families, such as Athol, Abercairny,
Oliphant, Ross of Craigie, and many others, which may be seen at length in the
Genealogical History of their families.

There are several cadets of this family, some of whom I shall here mention,
whose arms are in the Lyon Register.

Moncrief, Commissar in the king of France his army, a fourth son of Mon-
crief of that Ilk in Scotland, carries the same with the chief, with a martlet for
difference.

James Moncrief, merchant in Edinburgh, descended of a second brother of
Thomas Moncrief of that Ilk, bears argent, a lion rampant, holding in his dexter
paw a rose, between two mullets gjiles a chief ermine ; crest, a gillyflower proper :
motto, Diligentia cresco.

George Moncrief of Reidie, descended of Moncrief of that Ilk, carries as
his chief, crest, and motto, the same ; and, for difference, a red rose on the chief
ermine.

John Moncrief of Murnipea, descended of a second son of Reidie, carries as
Reidie, with a crescent for his difference.

David Moncrief of Boghall, lineally descended of Sir James Moncrief of Easter
Moncrief, who was a brother-german to Sir John Moncrief of that Ilk, bears
argent, a lion rampant gules, a chief ermine, all within a bordure invected of the
second, charged with six crescents of the first : motto, Firma spes.

George Moncrief of Sauchope, sometime Bailie of Crail, bears argent, a lion
rampant gules, a chief ermine, all within a bordure indented of the second, charged
with eight besants or ; crest, three ears of rye banded together, proper.

Sir Thomas Moncrief, designed of that Ilk, (who purchased these lands) bears
argent, a lion rampant betwixt two mullets in fesse gules, a chief ermine ; crest, a
demi-lion, as the former : motto, Sur esperance, 1679. For all which see Lyon
Register.

GIFFORD OF BusTA.

IN my former volume of this System, page 59, I mentioned the ancient name
ef GiFFORD, said to have come from England to Scotland in the reign of Mal-
colm Canmore ; and also of one Hugo de Gifford, a witness in the charters of

APPENDIX. 31

William King of Scotland. The chief family of the name was Gifford of Gif-
ford-hall and Yestei-, in East Lothian, which had for arms, gules, three bars er-
mine. The family ended in four daughters about the year 1412. The eldest of
them was married to Sir William Hay, Sheriff of Peebles. He got with her the
lands of Yester and Gitford-hali, of whom is dcicended the present Marquis of
Tweeddale, whose family has ever since quartered the Gilford's arms with their
own. The other three daughters were married to Thomas Boyd of Kilmarnock,
Eustache Maxwell ofTe}liiig, and another to Macdowall of Makcrston, all eminent
barons.

There was another family of the name Gifford of SherifF-hall, in Mid-Lothian,,
which carried- tlie foresaid arms, and ended in the reign of King James 111. And
of late 1 am informed that there is a gentleman's family yet extant of the name
of Gifford, in the island of Zetland, now represented by Thomas Gifford of Busta,
as lineally descended from, and only heir-male of the ancient family of Wetl;^rsta
in that island, who has about these 200 years past carried the name and arms of
Gifford, viz. gules, three bars ermine ; crest, a hart's head proper ; motto. Spare
'when you have naught ; being the same used by the Marquis of Tweeddale ; but
whether the crest and motto belonged to the Giffords of Gifford-hall and Yester,
I know not, but the ai-ms did, and. the same are used now by Thomas Gifford of
Busta.

WEMYSS Earl of Wemyss.

IN my first volume of this System, page 276, I mentioned the ancient and ho-
nourable family of Wemyss, and there hinted the strong tradition of their de-
scent from the illustrious hero Macduff Thane of Fife ; which tradition has been
universally owned and acknowledged by all our antiquaries, though they are not so
certain as to the precise time of their descent.

Sir RoberrSibbald and the author of the Genealogy of the Macintoshes allege.
That the first of the family was a son of Duncan, the third of that name, and sixth
Earl of Fife. But, that their cadency is older, appears from the charter of Joannes
de Aiiuly, Miles, mentioned by me in the foresaid place, which charter mentions
terram Domini Michaelis de lYeymyss, and is dated 1 1 65; whereas the foresaid
Dyncan the third succeeded to his father, only in the year 1154, and died
1203 : As Mr Crawfurd in his Peerage says of the family of the earls of Fife ;
so it is improbable that the first of that family could be the son of this
Duncan.

And therefore I think that what I have already asserted in the First Volume
is most probable, to wit. That the first of them was an immediate son of the
great Macduff, who, being obliged to escape Macbeth's fury, hid himself in
those coves which are yet to be seen in the estate of Wemyss, and are very proper
lurking places ; and from thence derived afterwards the surname to himself and
posterity : for Wemyss is but the Highland word for coves : And it is ordinary
still among the Highlanders (whose language and customs then obtained in Fife)
to design a man from some extraordinary circumstance of his life, such as this, of
his lurking in the coves.

But though we cannot with certainty determine the precise time when the
Earl of Wemyss came of Macduff, because the original writs of the family are lost,
yet that he is truly descended of that illustrious stock, I think there are very good
arguments to prove : As

\mo. The constant traditon of the family, together with the propriety of the
ancient monuments of Macduff's valour, such as his target and other armour,
and the scull of Macbeth's head, which Macduff cut off at Lumphannon, and car-
ried south with him as a trophy ; which are still preserved (as I am informed) by
the family, and were probablv committed to then, ac the principal branch in the

Vol. li. ' 4 P

-i APPENDIX.

collateral mate line, when the direct male line failed ; hence are those liiies of M*-
Jolinston in his character of Macduff:

Addo decus priscis mentis, monumenta vetusta
Servat adhuc terum Vemisiana domus.

zdo. That they have always bore the ensigns armorial of Macduff: For arms are
reckoned surer marks of cadency than surnames, especially in descents of that
antiquity. Before the marriage with the heiress of Inchmurtin, the barons di
Wemyss bore the simple armorial of Macduff, with the marks of cadency : But
then these marks were kid aside, and the coat of Glen of Inchmartin was quar-
tered with their paternal coat ; and have so stood upon their seals (as you have
them described by me in the First Volume) from 1423 to 1707, when David the
second Earl of Wemyss, considering himself as chief of the name ot Wemyss, and
true representative of the ancient Macduff, thought fit to disuse the coat of alli-
ance, and to retain only the single armorial of Macduff and Wemyss ; which I
have blazoned and cut in copper, in the Fourth Plate of Achievements of the
First Volume ; and is thus described, or, a lion rampant gules, armed and langued
trzure, supported by two lions, and a swan for crest, all proper, with, the mottO;
Je pense.

^fio. A third argument of the Earl of Wemyss's descent, is the ancient holding
of their original estiite of the Earls of Fife ; which, together with the other two
proofs above mentioned, are a good evidence that the first of them was a son of
that family, to whom the father disponed that part of his estate, to hold of himself"
and his successors in the direct line, since there is not the least appearance of the
estate coming from any ether hands, or that it was in any other family prior to
them. But this shall be further cleared, as I come to give a particular account of
the family of Wemyss, at least of the most remarkably persons of them, whom Mr
Crawfurd has omitted.

The first of the name I find on record is the foresaid Michael de Wemyss, in
the said charter of Joa?ines de Aiiuly ; and the said Michael (as I am informed) is a
witness in the charter of mortification to the abbacy of Aberbrotlrock, de terra
inter Echkar \fl Kaldonar, per Thomnm filium Tmikardi; and this is confirmed by
King William in the beginning of his reign, as in chartulary of Aberbrothock ; Mr
Crawfurd tells of a charter of Alexander II. his reign, in the custody of the Duke
of Athol, wherein Michael de Wemyss, miles is a witness, but whether he was the
same Michael, or a son of his, I know not.

The next we find is David re Wemyss, who was Sheriff-Principal of Fife, anno
1239 ; for in the chartulary of the abbacy of Dunfermline, there is a precept
directed Domino Davidi de Wemyss, yice-cvmifi de Fife, to pay the eighth part oi
the amerciaments of Fife and Fothrife, imposed in the Jastice Air at Cupar, to
that abbacy, according to their rights, dated at Perth, 7th October 1239, and of
the king's reign the 25th.

In the chartulary of the abbacy of Aberbrothock, Domiims Hugo de Wemyss
is witness in a charter by that abbot to Sir John Wishart of the Mill of Ctoeveth,
, dated anno ii^i.

This is all of the surname that I have seen upon record, prior to that honourable
person that went ambassador for the Maiden of Norway, mentioned in the First
Volume by the name of David, from all our historians that I have seen ; though
I am since informed by the family that his name is Michael and not David, which
my informer says is clear, by an indenture between Dominum Michael de Wemyss
y Dominum Michaelem Scot de Balweerie, milites, in pnesentia Joannis BallioH
Regis, apud monajleriwn de Lundores, dated 1294.

This Dominus Michael de Wemyss, as my informer says, sat in the Parliament at
Ayr 1315, which settled the succession of the crown, failing heirs-male of King
P-obert the I. upon Edward Bruce his brother.

His son David de WE^rYss succeeded him, who was one of the barons that, in
the Parliament 1320, signed the famous letter to the pope.

He was married first to Annabel, daughter to Sir William St Clair, probably
the same that married the heiress of Orkney : for there is an authenticcopy of a

APPENDIX. 33

charter signed by a notar, among the Earl of Wemyss's writs, wherein Dav'ul de
Wemyss, Jilitts ii? hiercs Domini Michaelis de Wemyss, grants Domines Annabelltc,
filiee Domini Gulielmi de Sto. Claro rnilitis, sponsce sua;, and to the heirs procreate
betwixt them, several lands in Lochoreshire.

He was married next to Marjory de Rams(iy\ daughter to Walter de Ramsay ;
and there is an original charter (which was lent by the late Earl of Wemyss to
Mr Simson the Q^ieen's Historiographer, but not returned) wherein K.ing Robert 1.
confirms to Di'vid de IVemyss, miles, and. Marjory his spouse, the lands of Giass-
mont in tenements de Kin^born, erected to him in liberam Baroniam. This char-
ter is dated anno regni 23, anna Domini 13:29. It was this Sir David, and not his
great-grandchild, (as Mr Crawfurd supposeth) that in an original charter, without
date, (which was likewise lent to Mr Simson) is designed ftliiis et hares Domini
Michaelis de IVemyss, rnilitis, wherein he makes over the lands of Raith, in the
barony of Lochore, Damino Juhanni de IVemyss, avunculo sua. For Walter de
Ramsay, one of the witnesses in the charter is designed Socero meo ; and Matthew
de Crambeth Bishop of Dunkeld, another of them, died in 1312, and consequently
long before David, the grandchild or great-grandchild, succeeded.

His son Michael de Wemyss, miles, succeeded about the year 1332, who ob-
tained a charter from Duncan. Earl of Fife, of Easter Monechy and Wester Dron,
(which was likewise lent out to Mr Simson) wherein he is designed Filius quon-
dam Davidis de IVemyss, rnilitis. This Michael, and his father David, and grand-
father Michael, knights, are, all three, witnesses to a charter by Duncan Earl of Fife
X.0 John deCiepban oi Caxilo'^ic. In Rymer's Fcedera there is, anno 1336, a pre-
cept by King Edward III. of England to his Treasurer to deliver to Michael
de Wemyss knight, coming from Scotland to our Parliament at London, Forty
pounds Sterling, and to Henry de Ramsay Ten pounds.

He was succeeded. by his son Sir David de Wemyss, who in 1343: is designed.
David de Wemyss miles, tunc Plcecomes de Fife, as witness in a charter by Duncan
Earl of Fife, to Green of Fairny ; and so hkewise in a charter by D. Helena de
Maxwell, Domina de Kelly, to John Dick Strang of Easter Pitcorthie ; and this-
last is confirmed by King David II. Anno Reg. 29. Anno Dom. 1358.

To him succeeded Sir David de Wemyss his^son, who, in Rymer's Fcedera iJiSli
is designed David de Wemyss miles, filius %3 hares Davidis de IVemyss rnilitis ;
and was one of the twenty Scots heirs that were sent hostages for payment of one
hundred thousand, merks Sterling, for King David's liberty.

This Sir David, having no heirs-male cf his body, tailzied his estate to Sir John
Wemyss of Rises, and to Isabel his wife, eldest daughter of Isabel of Inchmartin
his heir-female, and to the heirs of their body ; which failing, to return to the col-
lateral heir-male. And in consequence of this tailzie Sir David resigns his lands
in the hands of Robert Stewart Earl of Fife, holden de pradicto suo comite, in fa-
vours of the said Sir John. This resignation was solemnly made in the parish
church of Wemyss, anno 1373, about two years before he died, and is recorded at
more length, with the witnesses' names, by Mr Crawfurd in his Peerage of the
family of Wemyss. After Sir David's death, Sir Allan Erskine confirmed some
lands resigned by the said Sir David, to the said Sir John, and Isabel his wife, and
their heirs; which failing, dista ternv (saith the charter) veris haredibus reverten-
tnr. And by an indenture between the said Sir John Wemyss of Rires and one
Duncan de Wemyss, who seems to have been the heir-male, dated 1376, the said
Sir John binds himself to keep. the taibie of all the lands which belonged to um-
quhile David of IVemyss, and to infeft Duncan; and Duncan is to put into the
said talzie Over-Cambron; and a duty out of the mill of Methil, and he is to have
Rires and Cambron fiom Sir John. And, in a!u:o 1419, the said Duncan actually
got Kincaldrum froni Sir John.

Whether Isabel of lachmartin-was a niece of Sir David's, or what degree of re-
lation she bore to him, does not appear from any writs that I have seen. But it
would seem that Sir Robert Livingston of Drumrey, or his lady, stood in the same
propinquity to him, and that he was not satisfied with his disposition in favours
of Sir John of Rires: For, by an instrument dated 1385, it appears that the said
Sir Robert took infeftment in the lands of Wemyss, and that the Lady Inchmartin
went to the House of Wemyss and tore his sasine.in pieces. And it is probable.

34

APPENDIX.

that, to compose the differences, Sir Robert got the lands of East-Wemyss, (which
were reckoned a third part of Wemyss-shire) and a third of the coal and salt o£
West-Wemyss, and the east half of Lochore-shire; all which I find to have gone
from the family to the Livingstons of Drumrey about this time.

After Sir David's death, which was before December 1376, Sir Allan Erskine,
and Isabel of Inch martin, his wife, served heirs to him in the estate of Wemyss,
as appears by their two daughters serving to them. And Sir John of Rires seems
to have possessed it more in their right than by the disposition and resignation
made by Sir David : And therefore we find by authentic writs m the Earl of
Wemyss's custody, which were showed to me by Mr Mackenzie his chaplain, that
after their death, Isabel, spouse to Sir John Wemyss of Rires, together with her
sister Margaret, spouse to Sir John Glen of Balmuto, are served heiresses, in May
1400, to Sir Allan Erskine their father, and to Isabel of Inchmartin their mother,
in the estate of Wemyss, and lands of Pitconachie, within the shire of Fife; and
in June the same year they demanded of Robert Earl of Fife, a precept of sasine
in these lands, which the said earl either neglected or refused to grant. And in
June 1419, he pursued Sir John Wemyss of Rires (whoselady was then dead^
and the lady Glen, before the council, for uplifting the revenues of Wemyss, be-
fore he, as superior, had entered them. However Sir John, in his lady's right, and
the Lady Glen, are adjudged to be in the legal possession of the estate, because
they had taken precept out of the King's Chapel, and presented it to the superior,
anno 1401: The same ladies are retoured heiresses to their mother Isabel of
Inchmartin, in the lands of Auchleven and Ardoven in Marr. 2inno 1403, King
Robert IIL gives a protection to Sir John of Wemyss for the lands he had in Athol
by his wife.

Sir John de Wemyss got by his lady (as appears by the confirmation-charter of
King Robert III. to him) the lands of Wemyss, Wester-Raith, Glenniston and
Powguild, Myre-Cairny, Newton, Markinch, Nether-Cambron, Methil, TulUebreek,
Wester-Tarvat, Lmerleven, Muir-Cambus, Dion, Lochore, Elcho, Strathardel and
Inchmartin.

Sir John having built the chapel of St Mary of Reires, and mortified lands to a
chaplain anno 1404, died about anno 1428, leaving issue behind him, by the heiress
Isabel, first David, his successor in the estate of Wemyss, designed David of Methil
in his father's time : Second, Michael his successor in the estate of Reires, which
estate went with a daughter to Arthur Forbes of Pitsligo anno 1479. Third, An-
drew. Fourth, John Wemyss of Kilmany, who married Janet Wardlaw, niece to
Henry Wardlaw Bishop of St Andi'ews, and got with her the lands of Lathocker
and Muirton, and of him are the Wemysses of Lathocker. He left besides two
daughters, the one married to Sir Andrew Gray of Foulis, and the other to Hugh
Eraser of Lovat.

Sir David de Wemyss, Sir John's eldest son, married Christiana de. Douglas,
daughter of Sir William Douglas, February 1423 ; and, leaving issue "by her, John,
his successor, and Euphame ; he died anno 143 1.

Sir John was minor at his fathers death, and when scarce eleven years old was
made, by his uncle and tutor Michael de Wemyss, to marry Christian, daughter to
Sir Patrick Ogilvie of Auchterhouse; but he was divorced from her anno 1441,
and next married Margaret, daughter to Sir Robert Livingston of Drumrey and
East-Wemyss, by whom he had John his successor, designed in his father's time
John of Strathardel, and Grissel, married to David Boswell of Balmuto ; he died
1502.

This Sir John Wemyss married Christian, daughter to the Lord Abernethy of
Rothiemay, upon whom he begot five sons and one daughter, particularly David
his successor, designed in his father's life David of Dron, and Thomas, who, in
anno 1545 and 1550, is designed Mr Thomas Wemyss of Winthank,. and Lord'
of Session, and John, of whom was descended Henry Wemyss, Bishop of Galloway,
and of the Chapel-Royal at Stirling: Sir John died 1506.

And his son. Sir David de Wemyss, is retoured heir to him in IVIay 1508, who

obtained a charter from King James IV. dated 28th August 1511, erecting the

following lands into one barony of Wemyss, viz. the lands of Wemyss-shire, Little-

Lun, Tilliebreek, Cameron-Mill, the Haugh, Dunniface, Pitconochie and West

I

APPENDIX. 35

Tai-vat in Fife, West-Dron, Hill-Dron, Elcho, Bathabion, Strathardel, Ardargic
and Kinnaird in Perth, and Balhavel in Forfarshire. He married first Anna,
daughter to Alexander Earl of Huntly, by whom he had three sons and one
daughter, particularly David his successor. And next he married Janet, daughter
of Andrew Lord Gray, by whom he had John VVcmyss, who got in appanage Bel-
havel in Forfar, and Kinnaird in Perth: This Sir David was killed at the battle of
Flodden, 9th September 15 13. And in May 15 14

His son Sir D.wip VVemyss of that Ilk is retoured heir to him; who married first
Katharine daughter of Henry Lord St Clair, anno 151 1, and had by lier principally,
John, his successor, and James, the first of the family of Caskieberry, of whom my
Lord Burntisland was descended ; as are also Count Wemyss of Brescia, in the ter-
ritory of Venice, and several other illustrious persons abroad. He married next Mav-
iota Towers, daughter of Innerleith, anno 1525, and had by her Captain David
Wemyss, who got of the family Strathardel in Perthshire, and Grissel, married
first to David Boswell of Balmuto, and then to Patrick Kynninmonth of that Ilk.
Sir David died April 1544. and was succeeded by his son

Sir John, who, anno J 530, married Margaret, daughter to Sir Adam Otterburn
•of Redhall, Lord Advocate to King James V. by whom he had David his suc-
cessor, and four daughters, married, as in Crawfurd. He married next Janet
Trail, a daughter of Blebo, anno 1558* and had by her Gavin Wemyss of Pow-
guild, who married Katharine Wemyss, heiress of David Wemyss of Winthank,
the son of the above Mr Thomas, of whom are the Wemysses of Winthank.
He had likewise by her a daughter called Margaret, married to Andrew Ferny of
that Ilk.

This Sir John made a considerable figure in his time; for, in anno 1547, he,' at
the head of the Fife gentlemen, (as Bishop Lesley says) defeated the English that
landed in Fife, and killed seven hundred of them. And the same author tells us,
that, in 1556, he, with the Laird of Calder, were sent commissioners from the
three hundred barons met at Edinburgh, to the Queen Regent and Council, to
dissuade them from imposing a tax, and levying of foreign troops, and prevailed.
By his commission, dated the 9th January 1559, he was appointed, by Francis and
Mary, king and queen, to be the Lieutenant of Fife, Kinross and Clackmanan
shires, for suppressing of the rebels. He was very liberal to the nunnery of Elcho,
and protected them from insults; therefore, and for a sum of money, and a yearly
pension during life, they disponed to him all their rents, and made him their he-
ritable bailie. He died at Elcho, January 1571, and was succeeded by his son

Sir David, who married Cecil Ruthven, daughter to William Lord Ruthven,
anno 1556, and had by her John his successor, styled, in his father's life, of Tullie-
breck; James of Bogie, the first of the family of Bogie; David of Fingask, the
first of the Wemysses of Fingask; Patrick of Rumgaly, and Henry of Wester-
Fudie, the first of the Wemysses of Fudie : He had likewise five daughters ho-
nourably married. Sir David died anno 1597, to whom his eldest son John, called
Birkenflower, s\.\ccstdiedi; who, in anno 1574, married Margaret, daughter to Sir
William Douglas of Lochleven, but died without*issue. And next, in 1581, he
married Mary, daughter to James Lord Doune, by whom he had David his eldest
son, married to Elizabeth, daughter to Andrew Earl of Rothes, anno 1608; but he
died without issue anno 1610. Second, John his successor. Third, Cecilia, mar-
ried to William Earl of Tullibardin. Fourth, Jean, to Robert Lord Colvjll.
Fifth, Isabel, married to Hugh Lord Lovat. And, sixth, Katharine, married to
John Haldane of Gleneagles. Tliis Sir John had the admiralty betwixt Dysait
and the water of Leven disponed to him by the Duke of Lennox, anno 1610, and
died, anno 1616, aged eighty-five.

Sir John his successor was, by the favour of King Charles I. made a baronet,
25th May 1625, then created Lord Wemyss of Elcho, ist April 1628, and after-
wards Earl of Wemyss 25th June 1633. He married Jean, daughter to Patrick
Lord Gray, anno 1610, and had by her David his successor, and five daughters,
married, as in Crawfurd. Anno 1630 he purchased from James Lord ColviU the
barony of East-Wemyss, which went from the family to the Livingstons of Drum--
rev, from about the year 138:;, and died 22d iSfovember 1649.

'Vol. II. '^ 4 0^

30 APPENDIX.

David Earl of Wemyss succeeded, who married first Anna, daughter to Robert
Lord Burleigh, by whom he had only Lady Jean, married first to Archibald Earl
of Angus, and next to George Earl of Sutherland : Then Eleanor, daughter to
John Earl of Wigton, by whom he had no issue. But, by his third wife. Lady
Margaret Leslie, my Lady Dowager of Balgonie and of Buccleugh, he had a daughter,
Margaret, in whose favour he resigned the honours of the family, and thereupon
obtained a patent from the king, with the precedency of her grandfather's crea-
tion, as appears by a charter, recorded in the Chancellary ad annum 1672. The
said Earl David died anno 1680, and was succeeded by the said

Margaret Countess of Wemyss, who, in her father's lifetime, was married to Sir
James Wemyss, knight, descended of the family of Caskieberry, who thereupon
was dignified with the title of Lord Burntisland for life. And, dying in 1683, left
issue by the said Countess David Lord Elcho, and two daughters, married, as in
Cravvturd's Peerage. Countess Margaret died anno 1705, and was succeeded by
her son David, the second Earl of Wemyss, who, in March 1705, 'was made Lord
High Admiral of Scotland, and admitted to the Privy Council by Queen Anne.
He married first Anne, daughter to William Duke of Queensberry, anno 1697, by
whom he had David Lord Elcho, who died i6th December 1715, not turned of
seventeen, and James his successor: Then Mrs Mary Robinson, a rich English lady,
by whom he had no issue: And last of all Elizabeth, daughter to Henry Lord St
Clair, by whom he has living two daughters. He died nth March 1720, and was
succeeded by his son

James, the present Earl of Wemyss, who married Janet, daughter to Colonel
Francis Chatteris of Amisfield, and his lady, Helen, daughter to Mr Alexander
Swinton, one of the Senators of the College of Justice, a second son of the ancient
family of Swinton of that Ilk, in the shire of Berwick.

HAMILTON OF Olivestob.

JAMES HAMILTON of Olivestob, Advocate, son and heir of Captain Thomas
Hamilton of Olivestob, and Grissel his wife, daughter of Hamilton of Westport,
and Anne his wife, daughter of Sir Patrick Hamilton of Little-Preston, brother to
Thomas first Earl of Haddington. _

Alexander de Hamilton is designed in a charter, dated penult day of Novem-
ber 1452, armiger, frater-germanus Domino de Hamilton, and was the first of the
family of Westport.

The said Captain Thomas Hamilton was third son to John Hamilton of Muir-
house in Mid-Lothian, and Anne his wife, only daughter to Elphinstone of Inner-
divot, who was a son of the I^d Elphinstone.

Which John was a son of Mr William Hamilton of Bardanock, a second son of
Hamilton of Boardlan, the first of which family was fourth son of Sir David Ha-
milton of that Ilk.

The said James Hamilton of Olivestob, male descended of Hamilton of Board-
lan, carries gules, thiee cinquefoils argent, within a bordure embattled or; crest,
an antelope's head couped argent, gorged and • attired gules : motto, Invia virtuti
perziia.

Of the rise of the ancient and principal family of KENNEDY Earls of
CASSILIS, with .an account of some of their descendants.

IN the First Part of this System, page 158, following Mr Crawfurd's Peerage, I
brought the first of the name and family from one Kenneth, an Irish or Highland

APPENDIX. 37

Scotsman, whose posterity wcie sui-named Kennedy from him; which I find to be
a groundless conjecture, after better vouched information: tor 1 find those of the
family to have been ancient proprietors and possessors in the baihary of Carrick,
before patronimics were in use: and had their first name from that country they
possessed, but afterwards changed their names from Carrick to Kennedy ; as
appears by the following connection of charters from father to son, still extant.

The first of whicli is a grant by Nicolauj of Carrick, son to Duncan of Carrick,
to the nuns of North-Berwick, in and to the lands and church of St Cuthbert at
Maybole, anno 1220, in the reign of King Wdliam; so that his father Duncan
must have lived in the reign of King Malcolm IV. which began 1153.
' NiGELLL's, Earl of Carrick, grants to Rolland of Carrick, son of the above Ni-
colaus of Cain ck, and to his hens, the bailiary of Carrick, to be caput totius pro-
genici sues, i. e. chief of his name, and to have the command of all the men in
Carrick, under the said Earl and his successors. Which grant King Alexander
111. coiifiims ; and, after him, Robert III. confirms the same grant to his family,
being then called Kennedies.

Gilbert of Carrick, son of Rolland of Carrick, submits a difference between
him and the nuns of North-Berwick, 1285, to Robert Bruce Earl of Carrick, fa-
ther to King Robert I and to Robert, Bishop of Glasgow, to which Gilbert of
Carrick's seal is appended, having the very same shield of arms which the family
of Cassilis carries at this day > Which shows that they had the double tressure,
fletiiy and contie-fleuiy, with flower-de-luces to their arms, long before they match-
ed with the royal family.

In the the 17th chapter, of the Cbeveron, in the first volume, I gave the arms
of the old Earls of Carrick, viz. argent, a cheveron, gules, as in the manuscripts
of Sir David Lindsav of the Mount, and Sir James Balfour's blazons, both princi-
pal heralds, who give the same to the old Earls of Carrick, before the M'Dougals
or Bruces had that title, and who carried different arms from those. So that it ap-
pears that the family of the name of Carrick were of the old Earls, and carried,
argent, a. chtvtron gules ; but afterwards accompanied the cheveron with three
cross croslets fitched sable ; so that they were great men anciently : And of late,
by marriage with Mary Stewart, daughter to King Robert UI.

Duncan of Carrick, son to Gilbert of Carrick, gives the patronage of Kirkbride
in Carrick, to the nuns of North-Berwick; to which grant Malcolm Earl of Eife
was a witness.

- King Robert I. gave a remission to Sir Gilbert of Carrick, son of the above
Duncan, for his surrendering of Lochdune Castle to the English ; and restores him
to the government thereof, with the lands thereto belonging : Which, from that
time to this day, continues still a part of the Earl of Cassilis' property.

At this time, and a little before, they began to take the name of Kennedy, be-
cause of their grant, as caput totius progeniei sua, being chief of the name men-
tioned before, which tire Irish words Kean na-ty signifies ; for Kean is the head,
and na of, ty the house or family, and Ken-nedy is to this day pronounced Kean-
naty by the people of Carrick ; and also several charters in record have Carrick in
the bosom, and Kennedy on the margin. They had taken the name of Kennity, or
Kennedy, before the time mentioned ; for John Kennedy, Chancellor to King
John Baliol, is mentioned in Prynne's History, and Domhius Alexander Kennedy, with
several others of that name, page 652.

Sir John Kennedy, son of the above Sir Gilbert of Carrick, is one of the com-
missioners (mentioned in Rymer's Fadera Angliae) upon the treaty at Newcastle,
for dehvering up to the Scots King David Bruce, in the year 1354.

Sir Gilbert Kennedy, Sir John's son, is delivered as one of the hostages for King
David, in anno 1357.

King Robert II. confirms to Sir John Kennedy, son to the above Sir Gilbert,
the lands of Denure, in the second year of his reign ; to which his son Sir Gil-
bert Kennedy is a witness.

King Robert lU. confirms to James Kennedy, son of his beloved cousin Sir Gil-
bert Kennedy, the bailiary of Carrick, chief of his name, and the command of
the militia in Carrick, under the Earl of Carrick, dated at Dundonald 2bth Janu-
I

38 APPENDIX.

ary 1405 ; where also the king gives the lands of Dalrymple to James Kennedj
and Mary Stewart his spouse, daughter to the said King Robert III.

These are the Earl of Cassihs' predecessors, which can easily be vouched from the-
public records. Many of the eldest of these charters were put in the hands of Mr
Hay of Drumboot, which he is printing in a pamphlet.

KENNEDY of Bennan.

Kennedy of Bennan is an old family of the name ; for John Kennedy, son of
Henry Kennedy of Bennan, obtained a charter from King James II. in the year
1450, as in the general register ; which shows they were then a standing family.

His successors continued in the natural possession of this estate, from father to
son, until the year 1560, that Katharine Kennedy, heiress of Bennan, was mar-
ried to Hugh Kennedy, second son of Thomas Kennedy of Bargeny, whose origi-
nal contract of marriage is still to be seen in the possession of that family, and
bears date at Bargeny the 8th of June 1560; to which contract Thomas Kennedy,
elder and younger of Bargeny, subscribe their names, and M'Alexander of Dal-
rcoch is a witness.

The eldest son of this marriage married a daughter of Ross of Galston and Hen-
ning, and his eldest son and successor, Hugh, married Margaret Cathcart, daughter
to James Cathcart of Genoch, whose eldest son and heir, Hugh, married Isabel
Wardlaw, niece to Sir John Wardlaw of Pitrevie : Their son is Hugh Kennedy
now of Bennen.

This family has claimed the armorial bearing of Kennedy of Bargeny, ever since
that family was extinct, as being the last cadet of that family, which were, quar-
terly, first and fourth argent, a cheveron gules, between three cross croslets fitch-
ed, sahJe ; second and third azure, three flower-de-luces or, as by Esplin and other
illuminate books.

KENNEDY 07 Balmaclanachan.

KENNEDY of Balmaclanachan, vulgarly called Earclanachan, and now Kil-
kerran, hes on the south side of the Water of Girvan, in the bailiary of Carrick,
shire of Ayr, and parish of Daillie.

In the year 1361, John Kennedy received a charter of confirmation to these
lands, dated at Dumbriton in the -p-A year of King David's reign ; as in the ge-
neral register.

This man's heirs male were served and retoured in common form as heirs and
proprietors thereof, until Eliza'oeth Kennedy became heiress, whereby the male
line was interrupted ; but she dying without issue, it was again restored in the per-
son of Gilbert Kennedy her father's brother, who infeft himself as her nearest heir;
at the tower of Balmaclanachan, the r6th day of June 1517. He again resigns
his lands to his son George, reserving a liferent to himself, and a tierce to Ehza-
beth Blair his wife, dated at Balmaclanachan the 28th of June 1538. Whereup-
on his son George infefts himself, and Janet Kennedy his wife, who was daughter of
Patrick Kennedy of Bargalton and Camciscan, in the lands of Balmaclanachan;
The lands of Camciscan fell afterwards into the hands of Balmaclanachan, and
were sold to Robert Wallace, son of Hugh Wallace of Cairnhill, by Janet Kennedy,
Lady Balmaclanachan, with consent of George Kennedy her husband, and her
sister Egidia Kennedy, widow of John Grierson of Lag. Two of their seals are ap-
pended to the resignation, dated at Edinburgh the 5th of May 1562, and at Drum-
lanrig the 4th of April 1563. This George Kennedy of Balmaclanachan bought
the lands of Glenmuck, Bellimore, &-c. from John Mure of Rowallanj whose dis-
position is dated at Balmaclanachan the 24th September 1551.

In the year 1566, he dispones his heritable estate to his eldest son Gilbert, dat-
ed at Balmaclanachan, May loth.

APPENDIX. 39

Gilbert dispones his lands to his second son David, resei\ing a hTerent to liim-
self and his wife Margaret jK.ennedy, daughter to Gilbert K.ennedy ot" Girvanmains,
dated at Edinburgh 23d December 161 7. (Secretary's Register.) David Kenne-
dy infefts himself, and Janet Kennedy his spouse, daughter to David Kennedy in
Maxwelston : And in the year 1633, oif the 3d of February, at Holyroodhouse,
he, with consent of his brother Oliver Kennedy, father of the late deceased John
Kennedy of Craig, resigns his lands to his son David, who infefts himself, and
Jean Hunter his spouse, daughter to Hunter of Hunterston. He died on the 30th
of July 16S9, and was succeeded by his eldest son Robert, still alive. The arms
which this family has always been in use to bear, as by their seals, and that above
mentioned, are, argent, a chcveron gules, betwixt three cross croslets fitched
sable, and in chief a lymphad, with a star proper in the sinister point, contained
within a double tressure flowered, and for crest an anchor and cable in tne sea.
Motto, God be guide. These arms are yet to be seen carved on his seal of arms,
to a resignation in Chieen Mary's time, and on stone, upon the entry to the tower
of Balmaclanachan, and several other places which are still standing. The tower
was the mansion-house of that family before the year 15 17.

KENNEDY of Glenmuck. and Bellimore.

GEORGE KENNEDY of Glenmuck, &c. obtained a charter, as second son
to George Kennedy of Balmaclanachan, from Queen Mary and her husband
Prince Henry, dated at Dalkeith the 31st December 1565 ; as in the general re-
gister.

George dying without issue, Oliyer Kennedy, his brother, serves himself heir to
him, anno 1605. (As in the secretary's register.) And he dispones the fee of Bel-
limore and Glenmuck, &.c. to his son George, the 15th of February 1606, and is
confirmed by a charter at Edinbui-gh the May thereafter. (As in the general re-
gister.) And upon the 12th of July 16081 he infefts his wife Isabel Wallace in a
liferent, which she renounces to her eldest son George, upon the 2d of December
1629. And he is infeft in the whole estate of Bellimore, &-c. upon the 15th of
October 1633. (As in the secretary's register.)

He dying without children, his brother John Kennedy succeeded, who married
Elizabeth Kennedy, daughter to Doctor Hugh Kennedy, son of Hugh Kennedy
of Girvanmains ; by whom he had William Kennedy of Dangar, who married
Mary Kennedy, daughter to WiUiam Kennedy, third son to Oliver Kennedy of
Bellimore, anno 1672. Her mother was Agnes M'Clurg, daughter to John M'Clurg
of Kilmores.

Bellimore and his lineal heirs-male carried arms as the eldest cadet of Balma-
clanachan, with a suitable difference ; crest, an anchor drawing out of the sea by a
cable, with the motto, Resurgo.

MILLAR OF Temple.

IN the First Part of this System of Heraldry, page 125 and 126, I gave the arms
of I'v'iilne and Miller, of those which occurred to me at the time; since which time
I have met with an account of a good old family of the surname of Millar of
Temple and Killoch, in the sheriffdom of Ayr, and parish of Ochiltree, one of
whom viz. Andrew Millar of Temple, matched with Anne Stewart, daughter of
Andrew Lord Ochiltree, about the time of the reformation, by whom he had An-
drew Millar of Temple, who married Elizabeth Lockhart, daughter to Lockhart of
Bar; she bore to him two sons, Mr Andrew, Henry, and a daughter Mary.

Mr Andrew Millar, eldest son of Temple, took upon him holy orders, and was

Vol. II. 4 R

40 APPENDIX.

ministei- ut Alloa, and afterwards at Girvan in Carrick ; he married first Giles,
daughter to William Hunter of Drumdovv, as appears by their contract of mar-
riage in the year 1629 : With her he had four sons ; Mr Andrew the eldest, of
whose issue afterwards.

Second son, Mr Robert, Minister of tMb Gospel at Ochiltree, who being thrust
from his charge, travelled to Holland and France, and commenced Doctor of Me-
dicine anno 1668. Upon his return, he was indulged in his former charge at
Ochiltree, and married Grissel Cochran, daughter to Colonel Hugh Cochran, bro-
thcr-german to the first Earl of Dundonald; by her he had issue, first, Mr William,
Doctor of Medicine ; second, Mr John, Minister of the Gospel at Nielston, who
married Janet Adam, daughter to James Adam of Kirkton, and with her had a
daughter named Grissel ; third, Mr Robert, Minister at St Quivox; fourth, Hugh,
and aI?o three daughters.

The above Mr Andrew Millar's third son was Mr Henry Millar, who travelled
abroad with his brother Mr Robert above mentioned, and studied the Oriental
languages, and other useful parts of learning : Returning to London, he was help-
ful to Mr Poole in his writings, and had a hand in preparing other useful books for
the press : Afterwards, upon account of his learning, he was chosen governor to
several young English gentlemen, and made ten times the grand tour of Europe.
He died in London . 171 8. Mr Andrew's fourth son, Alexander, died at Glas-
gow.

The said Mr Andrew married to his second wife Agnes Spreul, daughter to Mr
Robert Spreul, minister at Dalrymple, and had with her one son, Mr Thomas, who
was minister at Kirkliston ; who married Jean Muir, daughter to Muir of Thorn-
ton, by whom he had Mr William, a minister, who died at Barbadoes, Archibald,
a chirurgeon at London, Thomas, who died young, and three daughters : the said
Mr Andrew died at Girvan in the year 1648.

His eldest son, Mr Andrew Millar, was minister first at Daillie, in the presbytery
of Ayr, and afterwards at Neilston, in the presbytery cf Paisley ; but being thrust
from his charge 1662, sold the lands which he got in heritages, being descended
of the eldest son, as above. He married Margaret Montgomery, sister to David
^lontgomery of Lainshaw, now Lord Lyle, and with her had two sons and three
daughters, Andrew, who died young, and Mr Pv-obert who succeeded his father,
who died at Neilston 1686.

Which Mr Robert Millar was ordained minister at Port-Glasgow, August 18.
1697; from which charge he was transported to Paisley, November 6. 1709. He
married Elizabeth Kelso, daughter to Mr John Kelso, eldest son to Robert Kelso
of Kelsoland: with her he had fourteen children, of whom nine are alive; John,
Andrew, Henry, Robert, William, Archibald, James, Anne, and Elizabeth.

The said Mr Robert, minister at Paisley, as now the representative of the ancient
family of Millar of Temple and Killoch, carries for arms, argent, a cross moline
.^ules, withm a bordure cheqiii azure, and of the first, as descended on the ma-
ternal line from the ancient family of Stewart Lord Ochiltree; crest, a dexter hand
holding a book open, with the motto, Felicem reddit religio.

CUNNINGHAM of Glencairk..

IN the i&th chap, and page 193. of the First Volume, I treated of the Pairle,
showing what it represented in armories, according to the opinion of the best
writers of heraldry ; and I mentioned there, that such a figure was carried with us
by the name of Cunningham, and gave the several opinions of our antiquaries
and heralds anent it ; as also of the rise of the surname of Cunningham of Glen-
cairn, with a short deduction of the descent of that noble family, with the seve-
ral cadets of the name descended from it, and their blazons from the Lyon Regis-
ter ; whence the name and family of Cunningham (whereof the Earls of Glen-

APPENDIX. 4r

cairn, Lords Cunningham of Kilmaurs, and their progenitors, have ever been count-
ed chiefs) had their origin and rise, which, as in all other matters of antiquity, i*
obscure and uncertain.

1 thought fit to give here the opinion of a learned and judicious lawyer, anent
the rise of the name, anciently wrote Konijhrim, being Danish, which signifies,
(according to Buchdimn and Camden) re^iiim dmiici/iiwi, i.e. king's-liome; audit
is also uncertain, whether that jurisdiction, the bailiary of Cunningham, in the
shire of Ayr in Scotland, has taken its designation from a person of that name, or
if the persons have taken their name from the designation of these Lmds, which
seems to be more probable; in respect that the whole tract of lands comprehending
Galloway, Kyle, Carrick, and Cunningham, was anciently called, Cbersonesus Novan-
tum, about the year Soo. In the days of Kenneth M'Alpin,, that tract of land
was known under those several designations long before aay surname was used to
distinguish families, tribes, or clans in Scotland, except some patronimics, as
Macs ; or some agnomina, as Bane, Roy, Dow, from colour, or some other extrin-
sic note, according to the Irish custom, seeing cognomina, or surnajnes, were only
knovvn in Britain after the conquest of England by the Normans, about the year
iroD, in so far as the surname of none of our kings of Scotland can be condes-
cended upon before King Robert the Bruce.

Such surnames as were used anciently by the inhabitants of Scotland, were ordi-
narily taken from the designation of their lands and estates; as for those other sur-
names, not from lands, they were brought in by strangers from England, France,
or other countries.

Whatever has been the iiame of this old family, whether ORoy a Cuning-
hamo, as ancient tradition hath delivered, it is probable the Cunninghams have
taken 'their surname from their possessions; because, in the ancient writs of the fa-
mily of Glencairn, the heads of the family w'ere designed a Cuninghamo or Ciining-
hame.

I. The first upon record is, Warnebald Cunningham, Predecessor to the Earls of
Glencairn, who possessed the lands of Kilmaurs, about iioo years after the birth
of Christ.

II. Robert, the son of Warnebald, with the consent of Richinda Barclay, his
spouse, daughter and heiress to Humphrey Barclay of Garntilly, mortifies the
lands of Gleaferchartland to the abbacy of Arbroath : He gives also his village
of Cunningham, tlie kirk of Kilmaurs, and half a carrucate of land belonging
to the said kirk, to the abbacy of Kelso ; which gift is confirmed by Richard
Morville, Constable of Scotland, anno 1162. Robert is to be found likewise a wit-
ness in a charter granted by Ricliard Morville, of the lands of Hermiston, to Hen-
ry .Sinclair.

III. Robert, the son of Robert, confirms the grant made by his father to the
abbacy of Kelso.

IV. Stephen de Cunningham, is one of the fifteen hostages given to King Hen-
ry II. of England, for King William's liberation, anm 1174.

V. Richard Cunningham is witness to a charter granted by Allan, Lord of Gal-
loway, of the lands of Stevenston, Corsbie, and Monoch, to Hugh Crawfurd, the
Earl of Loudon's predecessor.

VI. Fergus Cunningh.\m is mentioned in the Register of Paisley.

Vn. Hervy Cunningham gets a charter of the lands of Kilmaurs from King
Alexander III. after the battle of the Largs, anno 1264.

VIII. Edward, the son of Hervy, mortifies the lands of Grange, in Kilmar-
nock parish, to the abbacy of Kilwinning.

IX. GiLMORE, the son of Edward, renounces the league with France, and swears
allegiance to the King of England. He had two sons, Robert and James, who
got the lands of Bassenden, from whom the families of the Cunninghams of Bel-
ton and Barns are descended.

X. Sir Robert gets a charter from King Robert Bruce of the lands of Lam-
bruchton, anno 13 19.

XI. Sir William was Earl of Carrick, in right of his wife Helen Bruce, sister
and heir to Thomas Earl of Carrick.

42 APPENDIX.

XII. Sir William married Elizabeth, daughter and heir to Sir Robert Dennis-
ton, and got with her a very great estate. He had two sons, Robert and William,
Laird of Cunninghamhead.

XIII. Robert gets a charter of the lands of Kilmaurs from Robert Duke of
Albany, Governor of Scotland, on his father Sir William's resignation, in anm
1413. He married Janet, daughter to the Lord Montgomery, by whom he had
Alexander, and WilHam of Waterston.

XIV. Alexander dispones the heritable bailiary of Cunningham, to his uncle
Alexander Lord Montgomery, in anno 1454. He was made Lord Kilmaurs by
King James II. and Earl of Glencairn by King James III. the 28th May 1488. He
married Margaret Hepburn, daughter to Lord Hailes, and sister to the first Earl of
Bothwell ; and had issue by her,

XV. Robert, who married Elizabeth Lindsay, daughter to the Lord Lindsay of
Byres, the Earl of Crawford's predecessor.

XVI. CuTHBERT married Marion Douglas, daughter to the Earl of Angus, and
Duke of Douglas's predecessor, and had a daughter, Marion, married to the Lord
Lyle.

XVII. William, who married Margaret Campbell, heiress of Stevenston, had
Alexander his successor, and Andrew, Laird of Corshill, Hugh, Laird of Carlung,
and Elizabeth, Lady Cunninghamhead.

XVIII. Alexander married Jean Hamilton, daughter to the Earl of Arran, Duke
of Chatelherault, had William, and Margaret Lady Craigie. His second wife was
Jean Cunningham, daughter to the Laird of Caprington, by whom he had Alexan-
der, Laird of Montgreenan, and Jean, married to the Earl of Argyle, and after his
death to the Laird of Luss.

XIX. William married Janet Gordon, daughter to the Laird of Lochinvar, pre-
decessor to the Viscount of Kenmure, by whom he had James, and John of Ross,
and four daughters. Jean the eldest, married to Haldane of Gleneagles, after his
death, to Kirkpatrick of Closeburn, and thirdly, to Fergusson of Craigdarroch ; Mar-
garet, the second daughter, married the Laird of M'Lean ; Elizabeth the third,
married first, Auchinames ; secondly, Craigends : the fourth, Susan, married Kil-
mahew.

XX. James married Margaret Campbell, daughter to the Laird of Glenorchy,
by whom he had William, and John of Cambus-Keith, and six daughters; Jean, the
eldest, contracted to the Earl of Cassilis ; but he married another lady, and she died
on his marriage day; second, Catharine, married to Sir James Cunningham of Glen-
garnoch ; third, Margaret, to the Lord Evandale, and after his death to the Laird
of Calderwood ; fourth, Anne, to the Marquis of Hamilton ; fifth, Susan, to the
Laird of Hatton ; and sixth, Margaret, to Kilbirnie.

XXI. William married Janet Ker, daughter to the Earl of Lothian, by whom
he had William, and Colonel Robert, and five daughters ; Margaret, married to
Stewart of Minto ; Elizabeth to Beaton of Creigh, afterwards to Chisliolmof Crom-
licks; Jean, to the Laird of Blair; Anne, never married ; Marion, married to the
Earl of Findlater, and after his death to Eraser of Philorth, predecessor to the Lord
Salton.

XXII. William, Lord Chancellor of Scotland, married Anne Ogilvie, daughter
to the Earl of Findlater, had William Lord Kilmaurs, who died unmarried; and
James married Elizabeth, daughter to the Duke of Hamilton ; he died Lord Kil-
maurs, v>'ithout children ; Alexander and John successive earls : the daughters
were Jean, married to the Earl of Kilmarnock, Mary to Lord Bargeny, Elizabeth
to the Laird of Orbiston, and Anne died unmarried.

XXIII. Earl Alexander married Nicolas Stewart, daughter to the Laird of
Kirkhil], a Lord of the Session, and had by her Margaret Countess of Lauder-
dale.

XXIV. Earl John married Mary Erskine, daughter to the Earl of Marr, and had
by her

XXV. William married to Henrietta Stewart, daughter to the Earl of Gallo-
way, and had issue, William Lord Kilmaurs, John, Alexander, and James ; Mar-
garet, Henrietta, Mary, and Catherine. The achievement of the family is argent^
a shake-fork sahle, supporters, two conies, proper ; crest, an unicorn's head argent.

APPENDIX. 43

maned and horned or ; and, for motto, Over fork over ; which see in Plate of
Achievements.

The cadets of this family are Cunningham of Glengarnock, the first descended
from Ga/fred de Cuninghamc, witness to King Malcolm IV. his charter of founda-
tion to the abbacy of Bal merino.

Gilbert de Coningsburg, who was one of the arbitrators in the controversy at Ber-
wick betwiKt Bruce and Baliol for the crown. He renounced the league with
France, and swore allegiance to Edward of England, as also his son Donald did.
The cadets of his family are Skuloch, Drumquhiile, Achtarmarhar, Caddel, Quar-
relton, Bellearhim, Newton, &-c.

The Marquiss of Congie and Count Cunningham, in France, are of Glen-
cairn.

The Lairds of Polquhairn, Bonnington, Auchenharvy, Polmaise, Caprington.Cun-
ninghamhead, Waterston, Craigends, Corshill, Carlung, Mountgreenand, Ross, and
Cambuskeith, are from Glencairn.

Ramfurly is from Fergus Cunningham, mentioned in the Register of Paisley,
and the next cadet to Glengarnock.

Bassenden, Belton, and Barns next to him.

Aikat is of Belton.

Miln-Craig from Polquhairn.

Buquhan from Auchenharvy.

Legland, Lochermiss CoUenen, Dalkeith, from Caprington..

Killybeggs in Ireland, and Tourlands from Cunninghamhead.

Robertland, Caivncuren, Baidland, Auchenyards from Craigends.

Clunbath and Hill from Aikat.

Enterkin and the present Caprington from Legland.

Suads from Glencairn, Birkshaw from Suads.

Kirkland, South-hook, Auchinsheith from Robertland.

For the arms of many of these cadets I have blazoned in the First Volume^.
page 192.

MACKINTOSH of i-hat Ilk, Captain of Clan-Chattan.

IN the»First Volume of this Treatise, page 277, I gave a brief account of the
origin of this family, with a blazon of their armorial bearings, and what at that
time I knew concerning it ; but since the publishing of it I have got a full ac-
count of the family sent me by the present Laird of Mackintosh, which is as fol-
lows.

I. The first of the family was one Shaw, second son to Duncan, the second of
that name. Earl of Fife, who accompanied King Malcolm IV. in his expedition
for suppressing the rebels in Murray, in the year 1 163 ; and for his good services
was rewarded with many lands in the north, and made Constable of the castle of
Inverness. He was commonly called Mackintosbich vie Duifh ; that is to say.
Thane Macdufl:"'s son ; from which the name Macintosh became a surname to
his posterity. He married Giles Montgomery, daughter to Hugh Montgomery,
a favourite of the king, by whom he had three sons, Shaw, Malcolm, and Dun-
can. He died in the year 1179.

U. Shaw, his eldest son, succeeded his father, married Mary Sandilands, daughter
to Sir Harry Sandilands of that Ilk, and had with her four sons, Malcolm, Far-
quhar, William and Edward. In the reign of King WiUiam he defended the
castle of Inverness against Donald of the Isles ; and for his fidelity and bravery
sWas made chamberlain of all the king's revenue in the north. His eldest son
Malcolm dying brfore himself without issue, he was succeeded by his second
son.

Vol. II. 4 S

44 APPENDIX.

III. Farquhard, who married Sarah Macduff, daughter to Malcolm (the fourth of
that name) Earl of Fife : He was succeeded (having no issue) by

IV. Shaw his brother, William's son, who married Helena Calder, daughter to the
Thane of Calder ; and by her had five sons, Farquhard, Duncan, Alexander, Shaw
oig, and Malcolm.

V. Farquhard succeeded his father, and married Mora Macdonald, daughter
to Angus oig Macdonald of the Isles, by whom he had but one son called
Angus.

VI. This Angus, sixth Laird of Macintosh, in the year 129 1 married Eva, the
only daughter and heiress of Giilipatrick Macdougald mc Gillichattan, Captain
of Clan-Chattan, and with her got the lands of Glenluy and Locharkaik in
Lochaber, with the command and chieftainry of the whole Clan-Chattan : And
accordingly, from that time forward, for the space of three hundred years and up-
ward, his successors, lairds of Macintosh, were designed by their stiles, Captains of
Clan-Chattan ; and were, for near four hundred years, owned, acknowledged, and
submitted to, (as their rightful and undoubted chief) by all the branches and
cadets of the said clan, as they are by them all at this day.

That they have been designed Captains of Clan-Chattan is evident from the
charters and records of the family ; some of which were sent me : I shall here men-
tion them with other principal ones, being in the custody of the chief of the
family, which they could not adventure to transmit so long and dangerous a way.
1 took their relation for truth, for the honour of the family would not impose upon
the public and me for all the matter.

VII. WiLLi.MM, the seventh Laird of Macintosh, succeeded his father Angus,
and was tlie first of that surname that was designed Captain of Clan-Chattan, as
by a charter granted by the Lord of the Isles, of the lands of Glenluy and Loch-
arkaik, to the said William Macintosh anno 1337, and a confirmation of the same
right from King David Bruce, dated at Scone, the last day of February, the 29th
year of his reign, anno 1359, in the which he is designed Gulielmus Macintosh, Capi-
lanius de Clan-Chattan : He was the first of the family that added a galley or lym-
phad, for the Clan-Chattan, to his paternal arms, the lion rampant, and a dexter
hand. He married first Florence Calder, daughter to the Thane of Calder, by
whom he had a son called Lachlan, and one daughter. After his first wife's death he
married Margaret Macleod, daughter to Rory-more Macleod of the Lewis, by
whom he had a son, Malcolm, that afterwards came to the estate and chief-
tainry.

Vill. Lachlan succeeded his father in his estate and chieftainry. He married-
Agnes Eraser, daughter to the Lord Lovat, by whom he had a son called Farqu-
hard : It was in this laird's time that the famous engagement in the Inch of Perth,
recorded by all our historians, was fought betwixt the Clan-Chattan and the Clan-
Kay ; tlie former being commanded in that action by one Shaw Macintosh, cousin-
german to the then laird.

IX. Farol'hard succeeds his father Lachlan : But being an inactive and indo-
lent man, and thereby unfit to command an active and stubborn people, resigned
the estate and chieftainry to his uncle Malcolm.

X. Which Malcolm, the tenth Laird of Macintosh, married Mora Macdonald,
daughter to. Ronald Macdonald, Laird of Moydart, and was one of the principal
commanders of Donald of the Isles' army at the battle of Harlaw, in the year
1411, as Boethius records, where he commanded the Clan-Chattan, under which
name are comprehended the Macphersons, Shaws, Farquharsons, Macgilvrays,
?vlacqueens, Macbeans, Macphails, Davidsons, alias Clanduy, Clarks, alias Clan-
chlerich, Tarrals, &c. For his service in this action he got the lands in Brae-
lochaber, with the heritable baihary and stewartry of that whole lordship, which
the Clan-Chattan never had before his time, notwithstanding what is storied in
the second volume of Mr Collier's Genealogical and Historical Dictionary. This
Malcolm was made Governor of the castle of Inverness, by King James I. in the
year 1429 : By his majesty's desire he ordered the Clan-Chattan (whom Alex-
ander Lord of the Isles had seduced to his party) to desert and join the king's
army, which accordingly they did, upon which Alexander's army dispersed; as ia
John Major's History,. book 6. chap. 12.

APPENDIX. 45

Xf. Duncan Macintosh succeeded his father Malcolm. He got a charter of
the lands of Braelochaber, in the year 1466, from John Earl of Ross, and chief of
all the Macdonalds : In which charter he is designed Duncanus Macintosh, consan-
guineus noster, Citpitanius de Clan-Cbattan. There is a charter of confirmation, and
a sasine given (upon the said lands of Braelochaber) to the said Duncan, by King
James III. dated the fourth d^iy of July 147(1, wherein he is designed Dilectus
mster Duncanus Macintosh Cipitanius de Clan-Chattan. He married Florence Mac-
donald, daughter to tlie Earl of Ross, and load by her several children.

XII. Farquhard, who succeeded him, had to wife Giles Eraser, daughter to the
Lord Lovat, by whom he had but one son who died young : He was succeeded by
his cousin-german

XIII. William Macintosh, who married Isabel M'Niven, heiress of the-
barony of Dunaughton, by whoni he had no issue. He was succeeded by his
brother

XIV. Lachlan Macintosh, who in the year 1520 married Jean Gordon, only-
daughter and heir of line to the Laird of Lochinvar, afterwards Viscount of Ken-
mure, for which the fomily has since been in use to marshal the arms of Lochin-
var with their own : With her he had but one son, William, and two daugh-
ters.

XV. William succeeds his father, gets a charter from Q^ieen Mary, dated the-
19th July 1545, of the lands of Braelochaber, in which he is designed Capitanius
de Clan-Chattan, and a commission from George Earl of Huntly, Lieutenant-Gen-
eral of the North of Scotland, as his deputy, dated at Inverness the penult day of
October 1544, in which he is designed William Macintosh of Dunaughton, Cap-
tain of Clan-Chattan : He married Margaret Ogilvie, daughter to the Laird of
Findlater, who bore to him two sons and one daughter. The eldest son

XVI. Lachlan succeeded his father, married Agnes, daughter to Kenneth Mac-
kenzie of Kintail, by whom he had seven sons and six daughters : His eldest son,
Angus, married Lady Jean Campbell, daughter to Archibald Earl of Argyle, by
whom he h-ad two sons and one daughter : He died before his father, who was
succeeded by his grandchild

XVII. Lachlan, son of Angus, who manied Agnes Grant, eldest daughter to
the Laird of Grant. He got a letter from King Charles II. dated at Perth, the
24th December 1650, directed thus : To our Right Trusty and Well-Beloved the
Laird of Macintosh, and the Gentlemen of his kin of Clan-Chattan. Besides these
documents already adduced for proving the Lairds of Macintosh their title to be
captains of Clan-Chattan, there are to be seen among Macintosh's papers several
obligations of mutual friendship betwixt the lairds of his family and several noble -.
men and gentlemen, as the Earl cf Huntly, the Earl of Argyle, the Earl of Athol,
the Earl of Murray, Lord Forbes, Sir Donald Macdonald of Slate, the Laird of
Macleod, the Laird of Kilravock, the Laird of Foulis, the Laird of Calder : In
every one of v.'hich obligations Macintosh is designed Captain of Clan-Chattan :
All our historians design them after the same manner ; as Lesley in his ninth book
De Gestis Scotorum, writing of the Clan-Chattan, says, Tribus Clunchattana vulgo
nuncuputa, Macintoshinna principe Macintoshio : And in his loth book he calls

, William Macintosh Clancbattanice tribus ducem ; Hollinshed calls the sanie Wil-
liam, head and chief of the Clan-Chattan ; and Buchanan calls him Magna inter
priscos Scotos familice priiicipeni; and in his i6th book Cattance familice principem:
And Sir George Mackenzie, in the 67th page of his Heraldry, speaking of Mac-
intosh's arms, calls him chief of tlie Clan-Chattan. There are also several bonds
of man-rent, (in the custody of the Laird of Macintosh) given by the heads of the
several branches of that clan to his predecessors; the first is granted by the Mac-
phersons, as well as otiiers of the Clan-Chattan, to the Laird of Macintosh, in
which they acknowledge Macintosh the principal captain of the haill kin of Clan-
Chattan, and obhge themselves to concur with, maintain, and defend him, against
■whomsoever shall happen to oppose him. This bond is dated the 2Sth February
1396. There is a second bond, dated the 4th of April 1609, ot the same nature,
granted by the said Macphersons, and all the other branches of the Clan-Chattan,
in which they give the laird of Macintosh the designation of Principal Captain of
the haill kin of Clan-Chattan, according to the king's gift of chieftainry of tlic

46 APPENDIX.

whole Clan-Chattan. The third bond of the same nature is of the date the tpth
November 1664, subscribed by Andrew Macpherson of Ciunie, Ldchlan Macplier-
son of Pitmean, John Macpherson of Inneressie, and several others ; in which
bond Lachlan Macintosh of Torcastle is designed our chief. There is likewise a
declaration from the Lord Lyon, in the year 1672, in favour of the Laird of
Macintosh, which is as follows ; " I Sir Charles Areskine of Cambo, Knight Ba-
" ronet, Lord Lyon King at Arms, having perused and seen sufficient evidents and
" testimonies from our histories, my own register, and bonds of man-rent, do
" hereby declare. That I find the Laird of Macintosh to be the only undoubted
" chief of the name of Macintosh, and of the Clan-Chattan, comprehending the
" Macphersons, Macgilvrays, Farquharsons, Macqueens, Macphails, Macbanes,
" and others : And that I have given, and will give, none of these families any
" arms, but as cadets of Macintoshe's family, whose predecessor married the heri-
" trix of Clan-Chattan in anno 1291; and, in particular, I declare. That 1 have
" given Duncan Macpherson of Ciunie a coat of arms as cadet of the said family.
" And that tlfis may remain to posterity, and may be known to all concerned.
" whether of the said name or others, 1 have subscribed thir presents at Edin-
" burgh, the loth day of November 1672." And in full demonstration of what
has been already adduced, for proving the lairds of Macintosh the only undoubted
chieftains of Clan-Chattan, ever since their marrying the heiress of the said clan,
the present Lachlan Macpherson of Ciunie, with the special advice and consent of
his friends of the name of Macpherson, (who were the only branch of the Clan-
Chattan that did at any time desert the laird of Macintosh, or disown his un-
doubted right to the chieftainry) do, for himself, his heirs, and succeseors, not only
own and acknowledge the Laird of Macintosh as his and their undoubted chief,
but likewise disclaim and utterly renounce whatever has been (at any time past)
wrote, said, or done, to the contrary ; as is to be seen in a writ to that purpose.
This Lachlan, the seventeenth Laird of Macintosh, had issue by his above-named
lady, three sons and one daughter. He was knighted by King James VI.
and made Gentleman of the Bed-chamber to the Prince, and was succeeded by
his son

XVIII. William Laird of Macintosh, who married Margaret Graham, daughter
to the Laird of Fintray, by whom he had two sons, Lachlan and William, and two
daughters, EHxabeth and Jean.

XIX. Lachl.\n succeeded his father, and married Magdalen Lindsay, only
daughter to the Laird of EdgehiH, mother to the present laird ; and after her
death he married -\nna Monro, daughter to Sir George Monro, and rehct of the
Lord Reay.

XX. Lachlan, the present Laird of Macintosh, succeeded his fatlier, and
married Anna Duff, daughter to the Laird of Druramuir, the 28th April
1702-

The achievement of the family of Macintosh is, quarterly, first quarter or, a
lion r^ipant gules, armed and langued azure, the paternal bearing as descended of
Macduff Earl of Fife ; second argent, a dexter hand couped fesse-ways, grasping a
man's heart pale-ways, gules, for a notable action for the king and country ; third
nzure, a boar's head couped or, for Gordon of Lochinvar ; fourth or, a lymphad,
her oars in saltier sable, for marrying the heiress of Clan-Chattan : Which shield
of arms is adorned with helmet and mantling gides, doubled argent, and on
a wreath of his tinctures is set, for crest, a cat seiant, proper, and, for suppor-
ters, two cats of the same; with the motto. Touch not the cat but a glove.

.SCRYMGEOURS of Dudop.

IN the First Volume of this System, page 286, I gave a short accout of the rise
of the name of Scrymckour, and of the family with their armorial bearings : But I,

APPENDIX, 47

not being well informed, said, That the tainily was now extinct ; whereas, by
better mtbrmation, the heir-male of tailzie, as also of line, viz. Dr Alexander
Scrynigeour, Professor of Divinity in the University of St Andrews, with several
others of the family, are extant, and have their arms matriculated in the Lyon Re-
gister, which 1 have given in the above-cited place.

As to the rise of this ancient and honourable name, (wJiich the English spell
Scrimzcour, and. iomti tarailies in Scotland Scrimseour') our historians agree that
it was upon occasion of a signal service done the king by Sir Alexander Carron,
whose name was therefore changed into Scrymgeour, ;'. e. a sharp tighter, and is
the first knight we read of in our history.

Buchanan places it in the reign oi'iVIalcolra III. in these words : " Hostium ibj
" (ad Spceam) tantum numerum, quantum ex ilhs regionibus cogi posse nunquam
" credidisset, in ulteriore ripa, ad transitum prohibendum, stare conspicatus (Rex
" Milcolumbus Tertius) signifero cunctante flumen ingredi, signum ei ablatum,
" Alexandro Carroiu, equiti m^tae fortituduiis dedit ; posterisque ejus is honos
" habitus est, ut regium in bello vexiljum ferrent, ei pro Carrone, postea nomen
" Scryniigero positum ; quod magistrum tractandorum armorum, multum sibi
" ex eo studio arrogantera, ipse vera, viitute fretus, artisque ejus penitus imperitus
" vicisset."

Others, viz. Dr Abercroraby and Cra^'furd place this action in Alexander I. his
time, anno 1 107, thus, There baying been a plot discovered against King Alexan-
der I. his life, the rebels betook themselves to llight, and were pursued by the king
and a part of his friends the length of the Water of Spey : the rebels had passed
and swimmed the water before the king and his party came up ; upon which the
king's small army made a stand, being afraid of the water, which had by this time
run over all its banks ; whereupon Sir Alexander Carron, a brave and valiant knight,
took the standard, and gave encouragement to the rest to follow : Wherefore he
had his name changed, and a special grant from the king to himself, and the heirs-
male of his body, to be hereditary stPJidard-bearers to the kings of Scotland, and'
gave him for his coat of arms a part of the royal bearing, as I mentioned, ^iz.
filler, a lion rampant or, armed and langued azure, with a sword in his dexter paw,
proper, hiked and pommelled of the second ; and the family, to perpetuate the
action, have used the motto, Dissipate. Mr Johnston, the poet, has left us the-
following verses to the honour of bis memory, by which this action is very well
represented.

^uM ttepidas ' Da signa mihi, superabimus amnem,

Terreat an pavldos nos ftigitira cohors ?

Di.xit & arreptis signis, ruit acer in hostem.

Nil rapidi metuens agmina torva vadi ;

Hinc decus augusto surgit sub principe, ab armis-

Scrymigerae gcnti, fama decusque manent.

Arma alius jactet,.nos scimus fortibus annit.

Utier haud dici, raalumus esse virL

Buchanan, accounting for this action, says, " Verum rex a suis retentus, Alex-
" andro Carroni, Alexandri cujus supra merainimus, iilio partem exercitus dedit ;
" qui, subito cum suis amnem ingressus audaciee miraculo adeo conterruit hostes,
" ut passim in fugam statim se conjicerent."

This name hath been remarkable in our Scots History on several other occasions;
particularly Sir Alexander Scrymgeour was among the first that took the field for
King Robert Bruce, and faithfully adhered to him ; in consideration whereof,
when that valiant prince came to be established on the throne, he gave him sun-
dry lands about the burgh of Inverkeithing : also Sir John Scrymgeour was killed
at the fatal battle of Duplin, 1132. And another. Sir James Scrymgeour, Constable
of Dundee, his successor, was slain in the governor's ai-my, against Donald Lord of
the Isles, at the battle of Harlaw, 141 1.

This family has matched with several of the most noble familes of this kingdom,
as Gray, Southesk, Roxburgh, and Dalhousie ; and having flourished long in the
state of barons, came to the honour of peerage in the person of Sir John Scrym-
geour, Constable of Dundee, who was raised to the honour of Viscount of Dudhope

Vol. II. 4 T

4a APPENDIX.

and Lord Scryingeour, by King Charles I. anno 1641, and his son was made Earl'
of Dundee in the year 166 1. Upon the breaking out of the civil war, he accept-
ed of a command in those forces that were sent from Scotland to the aid of the
English parliament against the king, and lost his life in the battle of Marston-
miiir, on the second of September 1644. " A person, says one, who for the
" nobleness of his extraction, and many personal endowments, deserved a better
" fate."

This viscount kft a son John, by his lady, daughter to Robert first Earl of Rox-
burgh, who succeeded him in his estate and honours, and put himself in arms in
behalf of King Charles II. and marched with him to the battle of Worcester
third September 1651, after which he suftered much for his loyalty : but. living to
see the Restoration, he received some part of amends, being created Earl of Dun-
dee 1661. His lady was Anne, daughter of William first Earl of Dalhousie : but
on the twenty-third of June 1668 he died without issue.

Upon this earl's demise, the whole estates and offices should have descended to
John Scrymgeour, then of Kirkton, having been tailzied to his grandlather John
Scrymgeour of Kirkton, and the heirs-male of his body, by a charter of tailzie
under the Great Seal, upon a resignation made personally by James Scrymgeour of
Dudhope, Constable of Dundee, into King James IV. his hands, for that effect, dated
at Holyroodhouse, the 25th of November 1587, in these words, " Jacobus Dei gra-
" tia Rex Scotorum, omnibus probis hominibus, &-c. sciatis nos, post nostram per-
" tectam ^tatem viginti unius annorum completam, et generalem revocationem
" factam, dedisse, concessisse, et hac prsesenti charta nostra confirmasse dilecto nos-
" tro Jacobo Scrymgeour de Dudop, Constabulario, ad nunc prreposito burgi nostri
" de Dundee, suisque hseredibus masculis de corpore suo legitime procreatis seu
" procreandis ; quibus deficientibus, Jacobo Scrymgeour, filio legitimo quondam
»* Jacobi Scrymgeour, qui patronus (or rather patruus) erat dicti Jacobi Scrym-
" geour de Dudop, suisque ha-redibus masculis de corpore suo legitime procreandis;
" quibus deficientibus, Joanni Scrymgeour de Kirkton, et hieredibus masculis de cor-
" pore suo legitime procreandis :" and so on to several other families, as is more
fully contained in the said charter of tailzie, an extract whereof, signed by Sir
Archibald Primrose, Clerk-Register, is in the hands of Dr Alexander Scrymgeour,
Professor of Divinity in St Andrews, and only son to the foresaid John Scrymgeour
of Kirkton.

John SciiYMGEOUR of Kirkton, to whom this tailzie was made, anno .1587, mar-
ried Marlon Fotheringhanie, daughter to Mr James Fotherlngham, son to the
Laird of Powrie, and Margaret Lindsay, daughter to John Lord Lindsay, and Helen
Stewart, daughter to John, the second Earl of Athol, by whom he had four sons,
James, John, Mr Gilbert, and William, and three daughters, Magdalen, Margaret,,
and Janet. James dying without male issue, his brother John succeeded him,
and married Jean M'Gill, eldest daughter to James M'Gill of Rankeillor, and Anna.
Clephrm, by whom he had three sons, John, Alexander, and Mr James, and three
daughters, Marion, Anna, and Margaret.

John dying anno 1656, to him succeeded bis son John, and married Magdalen
Wedderburn, daughter to Alexander Wedderbarn of Kingennie, and Elizabeth
Ramsay, by whom he left on life only one son, Dr Alexander, fonnerly mention-
and one daughter, Jean. Alexander, John's brother, has no lawful issue: Mr James
was minister of the Gospel at Currle, and married Elizabeth Chisholm, hy
whom there remains only one son, Mr Henry Scrymgeour of Wester-Lochgelly,
Wrker to the Signet, and one daughter Henrietta.

Though it be thus plainly evident, that there was no just ground to. pretend,
that upon the Earl of Dundee's death, the estate, £tc. fell in the king's hands as'
y'tinms hivres, yet the Duke of Lauderdale had the interest with King Charles IL
to procure a gift of nitimus bares in favour of his brother Hatton; and (that prov-
ing insufficient to answ'er his designs) thereafter a gift of recogrrition, in opposition
to all the ties of friendship and gratitude a prince could be under to his subject;
for the Earl of Dundee had not only faithfully served King Charles II. and suffer-
ed much for him, but also to serve him the more effectually, had brought his
estate under thwe burdens upon which the recognition was founded. A most per-

APPENDIX. 49

jiicious advice to a prince to forget his friend, and ruin his family in favour of a
stranger.

For this recognition not only precluded Kirkton from his just claim to the estate,
but also deprived him and many other innocent creditors of their just and lawful
debts, which, with the misfortune of having bought the countess's liferent, she
dying soon after, so distressed Kirkton's affairs, that he was forced to sell his estate
for the satisfaction of his creditors ; particularly the land& of Kirkton were then
sold to John Scrymgeour, merchant in Dundee, whose heir retains the possession of
them to this day.

Moreover the above-designed Dr Scrymgeour is not only heir of tailzie to the
Earl of Dundee, but is also heir of line to the original family of Dudhope, to which
the earl's predecessor, the Laird of Glastre, succeeded as heir of tailzie, anno 1546:
For, about the year 1525, James Scrymgeour, Constable, having no sons, only two
daughters, Elizabeth and An.ne, by his lady Mariot Stewart, James Scrymgeour of
Kirkton married Elizabeth, and by her had five sons, John, James, William, Tho-
mas, and Alexander. Upon an agreement betwixt tlie Constable and them, he
dispones to them and their heirs-male his lands of Ballegarno, in full satisfaction of
all hereditary right and title they might have to the untailzied lands of Dudhope or
the Constabidary, by a charter dated at Dundee, October 24. 1539, which is in the
Doctor's hands. John, the eldest son of this marriage, by his lady Anne Bruce,
daughter to Sir William Bruce of Earlshall, and Anne Scrymgeour above mention-
ed, had three sons, John, Gilbert, and George, and three daughters, Margaret, Isa-
bel, and Giles. John the eldest married Marion Fotheringham, of which marriage
the doctor is heir; so that it was manifestly injurious to allege that this family was
extinguished by the earl's dying without heirs-male of his own body. The achieve-
ment of Scrymgeour Earl of Dundee and Lord Dudhope, is gules, a lion rampant
or, holding in his dexter paw a sword, proper : motto, Dissipate.

STEWART OF Phisgall.

IN my First Volume in the System of {leraldry, page 48. speaking of the no-
ble family of the Stewarts, I mentioned Sir John Stewart of Bonkill, second son
to Alexander, High-Steward of Scotland, of whom descehded our kings of the
name of Stewart.

This John married the daughter and heiress of Sir Alexander Bonkill of that Ilk,
in the shire of Berwick ; the arms which he carried on his seal with a (esse cheque,
as Stewart, he composed with his wife's arms, surmounted with a bend gules,
charged with three buckles, for Bunkle. With her lie had several sons, heads of
great families in the name of Stewart, yet extant with us; which families were and
are known by the fesse cheque, bend and buckles, as by the ancient Stewarts Earls
of Angus : which dignity came to the Douglasses by marriage of the heiress, and
ever since their match have carried the arms of Bunkle or, a fesse cheque, azure und
argent, surmounted with a bend ingrailed gules, charged with three buckles of the
first, for Stewart of Bonkill. The Stewarts Lords of Darnly, Earls and Dukes of
Lennox, likewise descended of the said family, had buckles on the same account :
and the Earls of Galloway and their progenitors-, .sometime designed of Dalswinton,
and sometime of Garlics, as descended from the above Sir John and his lady, sur-
mounts the fess cheque with the bend: but to leave this noble family and descent to
others, with the honourable cadets whose arms I have given before, I here add in
the supplement the descent and arms of the family of a cadet of 'the Earls of Gal-
loway, viz. Stewart of Phisgall, the first of which was John Stewart, second son to
Sir Alexander Stewart of Garlics, and his Lady Margaret, daughter to Patrick
Dunbar of Mochrum. and full brother-german to Alexander Stewart, younger of
Garlics, who was slain, at the surprise of the town of Stirling, by the Earl of

5°

APPENDIX.

Huntly and the Laird of Buccleugh, third September 157 1 : he left issue a sod,
Sir Alexander, who was lather of Sir Alexander first Earl of Galloway.

Which John above mentioned was commonly called Parson of Kirkmahoe, be-
cause he got the patronage teinds, as part of his patrimony from his father,
as appears by a liferent-tack of Larg, dated 20th March 1570, and another of the
date the seventh of March 15S5, granted to him by the above Sir Alexander his
father, to his well-beloved son John, Parson of Kirkmahoe, with advice and con-
sent of Alexander his eldest- brother; which writs are still m the hands of the pre-
sent Laird of Phisgall ; as also an original letter of attorney from Alexander Stew-
art, younger of Garlies, to his beloved brother John Stewart, parson of Kirkma-
hoe, to receive 500 merks, dated at Edinburgh 1570.

Which John, Parson of Kirkmahoe, married Margaret Stewart, daughter to
Stewart of Barclay, in the parish of Monigaff, by whom he had two sons, Alex-
ander who succeeded, and John who purchased the lands of Bellimoran in Ireland,
of whom is descended the present Captain Stewart of Bellimoran.

Alexander succeeded his father John, and married Sarah, daughter of Dunbar
of Machremore, and the same laird was married to the said Alexander's sister.
This Alexander was the first purchaser of the lands of Phisgall, in the sherift-
dom of Wigton in Galloway, he had with his lady seven sons, Alexander who suc-
ceeded ;

Second, John, who continued in the Larg, he married a daughter of Captain
Ste« art of Bellimoran, with her he had several sons, Anthony, Andrew, Archibald,
and George, who died a colonel in the third regiment of Foot-Guards.

Third son was William of Livingston, he married Sarah, sister to Sir James
Dunbar of Mochrum, whose representative is Colonel John Stewart, now of Stewart-
field in Teviotdale, his eldest son.

fourth, Francis, who died an ofRcer in the Guard d'Escosse in France.

Fifth, LuDivicK, killed by Ohver's troops from England at the bridge of Pal-
neur in the parish of Monigaff.

Sixth, James in BeUiquhair.

Seventh, Anthony of Balsmith, who commanded a troop of horse in Duke
Hamilton's engagement for King Charles I.

The above mentioned Alexander, the eldest of those brothers, had to wife

Wardlaw, a niece of the Laird of Enterkin, by whom he had John his

eldest son and successor, William, merciiant in London, who married a daughter of
Sir Samuel Lul;e in Bedfordshire ; Robert and Thomas who died abroad.

John succeeded his father in the lands of Phisgall, married Agnes, daughter to Pro-
vost Stewart of Wigton, and his wife, daughter to Sir David Dunbar of Baldon, and
with her he had many children; Alexander who died young, David who died com-
missar of Wigton, Thomas who died young, Robert a lieutenant in his Majesty's
Royal Navy, who died before his father, and William who now represents his fa-
ther, Laird of Phisgall, James, now guidon in his Majesty's second troop of Horse_
Grenadier Guards, and John who died young, and also seven daughters.

The arms which the family of Phisgall used to carry for many years, are to be seen
n their grave-stones of their burial place at Glasserton, viz. or, a feiie cheque azure
and argent, surmounted with a bend ingrailed gules ; and in the sinister chief point
a buckle of the last, to show their descent as above ; and, for crest, a demi-lion,
holding in his dexter paw a buckle or, with the motto, Suffibulatis, majores sequor,
approven of, and recorded in the Lyon Register.

M'DOWALL OF Freugh,

IN my former Volume of this System I gave a full account, from the evi-
dences then seen, of the ancient name of M'Dowall, of which are three families in
Galloway of note, and one in Teviotdale, who claim their descents from the old
t

APPENDIX. 51

Lords, of Gallowav, and carry the arms as a tessera of their descent : the account
of these are in page 284, and the two following pages; and there are several other
families descended from them.

But I have received since, from Patrick M'Dowall of Freugh, a memorial ot
his descent, subscribed by his hand at Castle M'Dowall, the I5tli November 1723,
in my cubtody, for which he produces several vouchers ; the purport whereof 1
shall here communicate, together with what observations I have discovered from
other hands.

This represents that Fergus, heir of the Dovallian line, by^some historians de-
signed Prince of Galloway, had two sons, Gilbert the eldest, whose eldest son Dun-
can was made Earl of Carrick, and Ethred, father of Rowland, Father of Allan
Lord of Galloway, from which Ethred, (as I observed in my former Volume)
Garthland, by his information, claims his descent.

The earldom of Carrick, in Gilbert's family, sometime after ending in an heiress,
■who married with Robert Bruce Earl of Annandale, father to Robert Bruce, com-
petitor with Baliol, and afterwards King of Scotland.

Then the representation of the family of M'Dowall Earl of Carrick, fell to Gil-
bert, second son to the said Earl, from whom Freugh derives his descent, and from
whence the name of Gilbert became frequent and peculiar to several successors of
this family. I observe Sir James Dalrymple in the Preface to his Collections from
Fordun, says, " That Gilbert of Galloway died anno 11 85, and that King Wil-
" liam gave to Gilbert's son Duncan the county of Carrick, and King Alexan-
" der IL renewed the grant with the title of Earl of that name. He was succeed-
" ed by his son Neil, and he, by Martha Countess of Carrick, married as above."
And this author says farther, page 363, from Rojer de Hoveden, " That Gilbert of
" Galloway was younger son of the said Fergus, and that the said Ethred was eld-
" est son."

But the above memorial urges, that the said Gilbert Earl of Carrick was eldest
son of the said Fergus ; as Buchanan in his Chronicles plainly asserts, page 246, in
the eighth book of it, translated in English, anno 1693, revised by J. Fraser in
these words : " Whilst William was King of Scotland, Fergus Prince of Galloway
•' left two sons, Gilbert and Ethred: King William, to prevent the seeds of discord
" betwixt the two brothers, divided their father's inheritance equally betwixt them;
" but Gilbert, the eldest, took this highly amiss, and discorded with his second bro-
" ther Ethred as his rival, whereupon Gilbert was made Earl of Carrick ;" and
Buchanan there also cites William of Newbury, the English writer, to have record-
ed the same, as in page 247, adding, " That Allan, grandson of the said Ethred,
" was made Lord of Galloway;" and, as 1 observed in ray former System, page 161,
in the reign of the said King William, anno 1183, Henry Kennedy assisted Gilbert,
eldest son of Fergus, Prince of Galloway, in his wars. There is no doubt the said
Gilbert was designed of Galloway, as eldest son and heir of it, till he was made
Earl of Carrick ; therefore Freugh claims being heir-male of Gilbert Earl of Car-
rick, in default of issue-male of Duncan and Neil Earls of Carrick ; the barons oif
Dowalston being the next heirs-male.

This claim Freugh fortifies by divers adminicles following, viz. The designa-
tions of the lands possessed by his ancestors, viz. Dowalston, ?mm Dovallus of Gal-
loway, mentioned in my farmer Volume ; which barony (as also that of Ravinston,
with that of Stephens Kirk *, Freugh, Urril, and Lochronald, and others) have
been, and most part of them are in possession of his family, who sometimes de-
signed themselves of Dowalston, of Ravinston, and also of Freugh; which descent,
from the earls of Carrick, is claimed by no other of the name, (as Freugh repre-
sents) and from which title his predecessors were secluded by Edward Bruce, bro-
ther to King Robert, then created Eari of Carrick.

And it is also observable, that no other family of the name ever had the
designation of their lands from the name : and in the barony of Dowalston
there is a large fresh water lake, and a pleasant isle in it, whereupon, of old,
was built a castle, the ruins whereof bears marks of great antiquity, and is said, by
tradition in that country, to have been the seat of the old family.

And, as I observed in my former Volume, I have seen a charter granted to a pre-
decessor of the family of Freugh, by King James IIL anna 1473, upon the resigna-

* jNow called Stonny-Kirk. E.
Vol. II. 4 U

52 APPENDIX.

tion of Gilbert M'Dowall, then designed of Ravinston, to Gilbert M'Dowall his son,
wherein several lands are contained, with the advocation, donation, and patronage
of the parish of Stephen's Kirk, which appears to have been in the family for seve-
ral years before, albeit older evidents be lost by the calamities mentioned formerly ;
which lands and patronage are contained in other later charters ; but, it is obser-
vable, this church is the burial-place of this family, and the parish within which
their mansion-house and many of their lands lie ; and is also the burial-place of
Garthland's family, where his mansion-house and lands also are ; and is also M'-
Dowall of Logan's burial-place, whose lands lie in the next adjacent parish : And
this honorary grant from the crown (of the patronage in this family) does import,
that it has been the principal and considerable family, that grant being many
years before the Reformation.

I have by me an extract of a public protest, taken by the Laird of Freugh against
the Laird of Garthland, under the hand of Robert Ker, notary-public, dated the
22d of April 1721, protesting against the said Garthland, or any other of the name,
claiming precedency or chiefship; and also against a pretended bond of man-rent,
mentioned in Garthland's memorial of his family, inserted in my former Volume ;
which protest contains divers weighty reasons, and condescends upon vouchers
to show, that James M'Dowall of Freugh had to lady, Florence, sister to Uthred
M'Dowall of Garthland, they having no male issue alive, their daughter Margaret,
sole heiress, married a gentleman of the name, and her near i-elation, neither of
whom having attained to majority, the said Garthland, uncle and tutor to her, (for
his consent to the said marriage allenarly) did extort from them a paper containing
several illegal and prejudicial obligations, which were still after opposed by them.
And though such a bond were real, the bond produced has neither witnesses nor
seal, which were necessary qualities, valid in all such writs at that time ; yet these
were discharged by divers acts of Parliament, and highly punishable, though they
were esteemed in those days not at all as a mark of vassalage, but as mutual con-
tracts of defence amongst clans : And, as to Garthland's claim of precedency, up-
on his great-grandfather John being made knight-batchelor by King Charles, and
his grandfather James knighted by Oliver Cromwell, neither of these give any real
title to chiefship or precedency.

And, for my vindication, I must beg my reader's pardon, to complain of a piece
of injustice done me by Garthland, or his doer ; for, upon production of that al-
leged bond of man-rent, together with the other of Logan's, mentioned by me in
the same place, I was threatened with a protest if I refused to mention them in the
said Volume, which I could not condescend to, unless they were recorded in pub-
lic register, where they may be patent to all the lieges, as vouchers of what 1 was
to advance ; but I was prevailed with, (upon promise that they should be record-
ed) albeit it be not yet performed, nor safe for them to record it, as it appears.

Freugh has sent me an account of the names of his predecessors since the year
1445, the vouchers whereof I have also seen in the hands of his doer Mr Robert
Fullarton, Writer to the Signet, one of which was Gilbert M'Dowall, Baron of
Dowalston and Ravinston, who also had the seventeen merk land of Stephen's
Kirk, (wherein the house of Freugh lies) the ten pound land of Urril, and ten
pound land of Lochronald, with the patronage of Stephen's Kirk, these being a part
of the lordship of Galloway, and the twenty merk land of Barjarg,- a part of the
earldom of Carrick.

He was succeeded by Gilbert M'Dowall his son, who was succeeded by a third
Gilbert his son (who was remarkable for his valour and loyalty, and died in the
battle of Flodden) and was succeeded by his son Fergus, who had for his lady
Janet Kennedy, sister to Gilbert Lord Kennedy, then made Earl of Cassilis ; which
Fergus was killed in the battle of Pinky, and was succeeded by his son James,
who was infeft in the foresaid lands and patronage by a precept forth of the Chan-
cellary, which bears these words, " Fergusius M'Douall de Freugh obiit ad fidem
" & pacem sub vexillo nostro, in campo belli apud Pinkincleugh, pater Jacobi
" M'Douall nunc de Freugh."

The said James was succeeded by John M'Dowall his son, who, dying without
heirs, was succeeded by his sister Margaret, heiress foresaid, who married John
M'Dowall of Downdowall, her kinsman, who were succeeded by John M'Dowall

APPENDIX. 5.^

their son, who, during Oliver Cromwell's Usurpation, signalized himself by his op-
postion to the usurper's forces in Galloway, where many of them were cut off, and
he never yielded obedience; and thereupon the EngHsh took all his papers and
goods which they could reach, and burnt his old house and fort of Freugh, car
rying hmiself prisoner to England, detaining him there, till, by a happy strata-
gem, he made his escape a little before King Charles 11. his restoration.

The said John was succeeded by his son Uthred, who was likewise remarkable
for his valour, being commander of horse with the Earl of Cassilis in England,
where he received several wounds in the king's service, and was afterwards com-
missioner for the shire of Wigton, in the first session of the tii-st Parliament ol'
King Charles II. in which station he continued to his death.

He was succeeded by Patrick his eldest son, and he, by his eldest son Patrick,
present Baron of ISI'Dovvall and Freugh, so designed in a charter I have seen under
the Great Seal, uniting all his lands in one barony : The apparency of which suc-
cession is in the person of John M'Dowall his eldest son ; so that 1 am obliged to
say 1 have seen documents for a succession of eleven generations from the foresaid
Gilbert, anno 1445, to the said John, now heir apparent.

It is to be noticed, that any variation which may appear betwixt this account
and what was inserted in my former Volume, concerning Freugh's predecessors'
names, or proper places of succession, was occasioned through his mistake, by want
of some of the vouchers now produced.

It is also observable, that, by a writ past betwixt the foresaid James M'Dowai-l
of Freugh, and the said Uthred M'Dowall of Garthland, dated the 26th of June
1559, which I have seen in the said Mr Fullarton's hands, wherein several other
gentlemen of note are concerned and nominate, the said Freugh is designed first.
and before Garthland ; at which time the order of placing names by claim of dis-
tinction was very much noticed : And I have seen several writs wherein Freugh's
predecessors have the epithet of honourable men, which, in those days, was only
granted to considerable persons that were not nobilitate.

It is also very observable, that, by charters and sasines produced to me, and irt
the hands of the said Mr FuUanon, it appears, that Thomas M'Dow^all of Garth-
land, two of the name of Uthred, and Sir John and Sir James, held as vassals of
the foresaid family of Ravinston, their superior, for the space of 157 years succes-
sive, from 1479 till 1636, for some lands ; and no doubt they held them in the
same manner many years before, though the former vouchers are not yet found.

Garthland neither condescends upon, nor produced to me any charter of his
lands holding of the crown, but only a charter granted by Archibald Douglas, then
Lord of Galloway and Annandale, to the said Thomas M'Dowall of Garthland, anno
1413, as in his memorial in my former Volume, whereby it appears they held their
lands as vassals of a subject only.

Freugh also represents, that Garthland cannot produce any document or vouch-
er for his predecessors having any precedency or chiefship ; but ever since the be-
fore-mentioned heiress of Freugh, their niece and pupil, they have been grasping
at it, and by the before-mentioned indirect means took advantage of her, and her
then designed spouse ; he in furore amoris, and they mutually in love, the said
bond of man-rent was obtained, and other groundless alledgeances since founded
thereon, though contrary to law, and neither then (though the family fell in
troubles, by their predecessors being killed in the king and country's service) nor
now owned, but is renounced and disclaimed on all occasions.

This family bears for their coat of arms the lion rampant, crowned and collared
with a broken crown, (in memory of their predecessor Dovallus having killed
Nothatus, and setting Reutberus the rightful king on his throne) as in Plate of
Achievements in my former System, with helmet, maiitling, and supporters, and
others suitable to their quality.

There were several old cadets of this family, and some of them extinct : Those
remaining are Mr Andrew M'Dowall, Mr Thomas, James, Alexander, and Chai-les
M-Dowalls, men of estates and other interests in the kingdom of Ireland, and
Uthred M'Dowall of Hackburn in the shire of Roxburgh, and Captain William
M'Dowall of Stratfordhall in Buckinghamshire in England, and Mr WilHam M'-
Dowall, brother-german to the present Freugh, and Mr William M'Dowall, mer-

54 APPENDIX.

chant in Stranraei : all which cadets of this family do bear the coat of anus of
the family, with their different marks of descent ; as particularly the above Wil-
liam, brother-german to the present Patrick M'Dowall of Freugh, and son to the
above Patrick, and their mother Barbara Fullarton, daughter to FuUarton of that
Ilk, an officer in the army in time of war, and now, in time of peace, a principal
officer of his majesty's customs in Scotland, carries, as I am informed, his pater-
nal arms of Freugh, and by way of addition, for ditference, on a dexter canton, a
part of his maternal coat, viz. an otter's head, and all within a bordure, char-
ged with seven boars' heads erased, to represent his marriage with Jean, a daughter
of Gordon of Schirmers, descended of Gordon of Lochinvar; and the number seven
is chosen by him to represent his being a seventh son.

DOUGLAS OF BoNj EDWARD, AND DOUGLAS of Tympyndzan-.

IN the First Volume of this System of Heraldry, page 78, I gave the arms and
rise of the ancient family of Douglas of Bonjedward, from the paintings of th?
Genealogical Tree of the House of Douglas (in Glenbervie's custody), which makes
the first of this family to be a third son of William Earl of Angus, and brother of
George Earl of Angus, who married the daughter of Sibbald of Balgonie, some-
time treasurer of Scotland ; and that this family of Bonjedward carried only the
paternal coat of Douglas, ,with a larabel of three points gules, in the collar point
of the shield.

There is a charter granted by Isabel Countess of Marr to Thomas Douglas the
son of John, and Margaret Douglas, his spouse, of all the lands of Bonjedward,
as bounded in the charter, which is confirmed by Robert Duke of Albany, Earl of
Fife and iVIonteith, Governor of Scotland, his charter of the date the 24th of Oc-
tober 1407, the second year of his government. The family of Tympyndean is as
follows,

I. George Douglas of Bonjedward, with consent of James Douglas his eldest
son and apparent heir, gives dileclo filio meo Andreee Douglas, all and haill the lands
of Tympyndean, with its pertinents, lying within the territory of Bonjedward,
regality of Jedworth Forest, and shire of Roxburgh, as the charter dated at Bon-
jedward the ist of July 1479, '^° which his seal of arms is appended, having only
a plain shield, a man's heart, (not crowned) and on a chief, three stars (the arms
of Douglas) vv^ithout any difference or additional figure, .the legend round the seal
S. Georgii Douglas ; and the same day, month, and year befoie mentioned, by a
precept of sasine, Andrew Douglas is infeft in the above lands, and was after suc-
ceeded by his son

II. Archibald Douglas of Tympyndean, who married a daughter of Peter
Marshal in Lanton, and got with her some lands there, as by a precept of sasine,
dated the 15th of June 1517, wh^ch the family possesses still. Their son and suc-
cessor was

III. Andrew ; he married Katharine Gladstanes, eldest of the three heiresses
portioners, daughters of William Gladstanes of Lanton, with whom he got several
lands there, which the family of Tympyndean still possesseth.

IV. Andrew Douglas of Tympyndean succeeded his father Andrew, and mar-
ried Margaret TurnbuU, daughter to Gavin Turnbull of Ancrum-miU, as by their
contract of marriage, dated the loth of December 1562.

V. Stephen succeeded his father in the above-mentioned lands, and, by contract
of marriage, 20th May 1595, married Jean, daughter to Andrew Halyburton of
Muirhouselaw, and was succeeded by his son

VI. John of Tympyndean ; he married Mary, eldest daughter to William
Douglas -of Bonjedward, the 4th of April 1632. Their son

VII. William succeeded, and married Alison, daughter to John Turnbull of
Minto, and his lady, Elizabeth, . daughter of Sir Gilbert Elliot of Stobs, and Mai-

APPENDIX. 5.S

garet, daughter to Sir Wultev Scott of Harden, as by contract of marriage 27th
July 1655. Their son,

VIII. John Douglas of Tympyndean, married Euphame, daughter to Williana
TurnbuU of Sharpelaw, and of Christian, daughter of William Ker of NewtoPv
whose mother was a daughter of Sir Archibald Douglas of Cavers, the 6th of
December 1679. Their son and successor is tiie present

IX. William Douglas of Tympyndean ; he married Jean, daughter to Thomas
Rutherford of that Ilk, 22d of February 171 8, who carries, as I am informed, tho
arms of Douglas, quartered with these of Gladstones.

SCOTT ov Thirlestane.

AS for the origin and rise of the surname of Scott, it is as uncertain as all other
matters of antiquity, especially surnames, which could not be older than iioc,
when surnames began with us. The first of the name to be met with is one
Uchtred Jilius Scott, amongst the witnesses in a charter of King David I. to the
abbacy of Selkirk. He might have been the first of the surname of Scott, as Sir
James Dalrymple observes in his Collections, page 354.

There is one Herberttis Scotus, in the foresaid king's reign, witness in a charter oi
Robert Bishop of St Andrews to the abbacy of Holyroodhouse. There is a charter
by King William, IValtero filio IValteri Scoti of the lands of Alrethes. In the Re-
gister of Kelso, fol. 57 and 6^, Ricardus Scotus is to be found in the reign of
Alexander II. HlHielmus Scotus is witness in a charter of Walter II. Senesaillus
Scotia to the abbacy of Paisley, fol. 10, concerning the church of Dundonald. In
the chartulary of the priory and convent of Coldingham there is to be found
Chnrta Patricio Scoto de terris in Riston comparatis a domino regc, post forisfacturam
tintecessorum ejusdem Patricii, before the year 1273.

I have given a short account of several ancient and honourable families of the
name of Scott, in the First Volume of this Treatise, page 86 and c^6, amongst
whom is Scott of Thirlestane, anciently designed of Houpayslay, or Eskdale; and
I shall here again subjoin the descent of this family, with its branches and inter-
marriages, as far back as I am informed.

I. The first I have met with of this family was Arthur Scott of Houpayslay,
or Eskdale, who married a daughter of Maxwell of Terreagles, thereafter Lord
Herries, and now Earl of Nithsdale. He was succeeded by his son

II. Robert Scoft of Houpayslay, (commonly called Robert of Eskdale) War-
den of the Middle-Border betwixt Scotland and England. He married a daughter
of Somerville Lord Somerville, and with her had issue

III. Sir William Scott of Houpayslay who succeeded, and married Janet,
daughter of Gladstanes of Cocklav/; and he was succeeded by his eldest son

IV. Sir Walter Scott of Houpayslay, knight, who married a daughter of
Douglas of Cavers; she bore to him three sons; the eldest was Abbot of Melrose,
the second David, and the third Adam Scott of Hassendean.

V. David succeeded his father in the lands of Houpayslay, and, by the favour
of his eldest brother the abbot, got the lands of Thirlestane, from which, ever
since, the family took their designation. He had to wife a daughter of Scott of
Roberton, with whom he had Robert, who succeeded Walter, commonly called
Hardy Watt, who was killed, at the battle of Pavia, and James, who went to Ger-
many.

VI. Robert Scott, first designed Laird of Thirlestane, who married a daughter
of Johnstone of that Ilk, now Marquis of Annandale, with whom he had five sons;
John, who succeeded ; second, Scott of Hundleshope, in the shire of Tw;eeddale,
of whom is descended the present Captain David Scott of Hundleshope, whose
arms are recorded in the Lyon Register, and blazoned in the First Part of this
System, and Plate of Achievements ; third, Scott of Dry hope; fourth, Scott of
Mountbenger; and, fifth, Scott of Bowhill.

Vol. IL 4 X

56 ^PJ'ENDIX.

VII. John Scott of Thule.aane succeeded his father Robert, a gentleman of
singular parts, and of an entire loyalty to King James V. who, for his ready ser-
vices, was honoured by that king with a part of the royal bearing, and other
suitable figures to timbre his shield of arms; and, to perpetuate the memory of his
seasonable services to that king, there is an order granted to the Lyon Herald and
his deputies, under the hand of his Majesty and Secretary, Sir Thomas Erskine of
Brechin, to record in .their books: The principal of which I have seen, now in the
custody of the present Sir William Scott of Thulestane, baronet, inserted in the First
\'^olume of this System, page 96.

This John Scott of Thirlestane married a daughter of Scott of AHanhaugh,
and with her had four sons; Robert, who succeeded; second, Simon, called Long-
.<ptar, was tutor of Thirlestane, and built the Tower of Gamelscleugh ; third,
Andrew, Hrtht-r of Sir John Scott of Newburgh, of whom are the Scotts of Rennel-
biirn; and. the iburth son, Adam Scott of Gilmerscleugh.

VIII. Robert of Thirlestane, who was Warden-Depute of the West-Borders,
married Margaret Scott, sister to the first Lord Buccleugh; he had with her two
sons. Sir Robert and Walter. He had also another son called William, to whom
he gave a piece of land called Merrylaws, to this day possessed by his descen-
dants.

IX. Sir Robert Scott of Thirlestane was twice married ; first, to a daughter of
Cranston of that Ilk, with her he had Robert Scott of Cruxton, who died with-
out issue, and Walter, who succeeded his father; secondly, he married a daughter
of Jardine of Applegirth, from whom came the Scotts of Doventon. Sir Robert
Scott sold the lands of Thirlestane to Sir William Scott of Harden.

X. Walter. Scott, of the first marriage, married Marion, daughter to Sir
Patrick Porteous of Hackshaw, and with her had

XI. Patrick. Scott of Thirlestane, or Houpayslay. He recovered the lands of
Thirlestane from Sir William Scott of Harden, and married Isabel, daughter to
Sir John Murray of Blackbarony, baronet, and with her he had Francis, who suc-
ceeded, David and Walter who died young; and three daughters, Jean, married to
Sir James Hay of Linplum, Margaret, to Sir Robert Bannerman of Elsick, and
Mary, to Sir WiUiam Primrose of Carrington, now Viscount of Primrose. All
these daughters had issue to their husbands.

XII. Sir Francis Scott, being first made a knight, and after honoured with the
dignity of baronet in the year 1666, married Lady Henrietta Ker, daughter to
William Earl of Lothian. He had with her several children, who all died young,
except the eldest son who succeeded him, and one daughter called Henrietta, now
living.

XIII. Sir William Scott of Thirlestane, baronet, married first Elizabeth Napier,
daughter to the Lady Napier, with whom he has the present Francis Lord Napier,
whose arms are to be seen in the First Volume of this System. Secondly, Sir
William married Dame Jean Nisbet, only daughter of Sir John Nisbet of Dirleton,
and widow of Sir William Scott of Harden. She died without issue.

CUMIN OF Coulter.

I. THE firbt of which was Jardine Cumin, second lawful son to William Cumin
Earl of Buchan. He married Margaret Ross, daughter to William Earl of Ross,
and with her had Philip Cumin his son and heir. He got from his father, the Earl
of Buchan, the lands of Inverallacliy, in the year 1270.

II. Which Philip Cumin married Marjory Wauchope, heiress and daughter to
Sir Adam Wauchope of Coulter, and of Arbeck, knight. The original charter of
this family of Wauchope is granted by King Alexander I. 1124, which is now in
the custody of Cumin of Coulter, who got these lands by the foresaid marriage,
and with her had

APPENDIX. 57

III. Sir William Cumin, his son and heir, who married Dame Marjory Douglas,
daughter to James Earl of Douglas, Lord of Nithsdale, with whom he had his son
and successor

IV. James Cumin, who married Elizabeth Irvine, daughter to the Laird of Len-
way, and with her begot

V. William Cumin, who married Elizabeth Meldrum, daughter to Sir William
Meldrum of Fyvie, knight, and with her begot Alexander, his eldest sor», and
William Cumin his second ; the eldest married Christian Burnet, daughter to the
Laird of Leys, his near kinswoman, and for the consanguinity procured a dis-
pensation from the pope, dated tlie nth January 1480, now in the hands of
Cumin of Coulter. His father, Wdliam, disliking the marriage, did dispone to
his second son, William, the lands of Inverallachy, and others he had then in
Buchan, and reserved only the barony of Coulter with the pertinents to his eldest
son.

VI. Which Alexander Cumin of Coulter, with his above-mentioned spouse, be-
got his successor

VII. Alexander, who married Elizabeth Blinshall, daughter to Sir Jlobert
Blinshall of Provost of Aberdeen, and with her had his son and heir

VIII. John, who married Janet Irvine, daughter to the Laird of Drum, and with
her had his son and heir

IX. Alex.ander Cumin of Coulter, who married Janet, daughter to James
Stewart Lord Innermeth, (she having gotten from her father an assignation to the
gift of Coulter's marriage, and intimate the same to him, conform to an instrument
of intimation, which is in the charter-chest of Coulter) and with her he begot his
son and successor

X. Alexander Cumin of Coulter, who married Helen Wood, daughter to Walter
Wood of Balbegno, and with her had

XI. Sir Alexander Cumin of Coulter. He married Margaret Gordon, daughter
to the Laird of Tarpersie, and with her had his son and successor

XII. Alexander, who married Jean Wood, daughter to Sir Hary Wood of
Bonington, and was succeeded by his son

XIII. Alexander Cumin of Coulter, who married Helen AUardice, daughter to
James AUardice of that Ilk, and with her had

XIV. Alexander Cumin, who was made a knight baronet, married Elizabeth
Swinton, daughter to Alexander Swinton of Mersington, one of the Senators of the
College of Justice. There eldest son and successor

XV. Captain Alexander Cumin, knight baronet, who married Anna White-
hall, daughter to Launcelot Whitehall, Esq. an Enghsh gentleman of the family
of the Whitehalls in Shropshire, and late commissioner in the customs for Scot-
land, and with his lady has a son, Alexander, about five years of age.

The Lyon King at Arms recorded the arms of this family, as I mentioned before
in the First Volume, page 169, viz. azure, three garbs ar, within a plain bordure
of the last, as being descended of a second son of Cumin Earl of Buchan ; which
family, being extinct, that of Coulter assumed the plain arms without any addition,
and, as I am informed, are to be seen on the great hall of Inverallachy, the old
mansion-house of the predecessors of Cumin of Coulter, now possessed by the
Erasers: As also tlie same plain arms are to be seen on the House of Coulter,
supported by two ostriches; crest, a garb or: motto, Courage.

INGLIS OF St Leonards.

I HAVE given before the arms of Inglis of Newton, or Newtonlees, page 83.
whose grandfather, Cornelius Inglis, is said to be a lawful son of Murdiston, in the
Lyon Register; the blazon, thus, azure, a lion rampant argent, on a cliief ingrailed
of the second, three stars of the first ; crest, a star environed \^"ith clouds, proper.

58 APPENDIX.

His son was John Inglis of Newton, and his son was Cornelius Inghs of Eastbarns,
who married Janet, daughter to Mr William Kelly, writer in Edinburgh. With
her he had four sons, Patrick, Thomas, William and Mr James : Which last pur-
chased the lands of St Leonards of late, and married Elizabeth Holburne, daughter
to Menstrie. He is succeeded in the lands of St Leonards by his eldest son John
Inp-lis of St Leonards.

MACFARLANE of that Ilk.

THE armorial bearing of this family is argent, a saltier ingrailed betwixt four
roses gules, which is now exactly the coat of the old family of Lennox ; and, as
repres€ntative of that family, and a principal family of the name, hath been in use
to assume, for supporters, two Highlandmen in belted plaids, with broad-swords,
and bows and arrows in full draught, all proper ; crest, a demi-savage grasping in
Ills dexter hand a sheaf of arrows, and pointing with his sinister to an imperial
crown or : motto. This Fll defend ; and on a compartment wavey the word
Locbsloy, which is the Macfarlane's cri de guerre, or slughorn : Lochsloy being
a place in the Arroquhar, where this clan generally rendezvous themselves before
a battle.

This family is in old writs promiscuously designed Macfarlane of that Ilk, and
of Arroquhar, and sometimes both these titles are joined in one ; as in the roll of
the clans in the acts of Parliament, anno 1587, one of the heads of this family
is designed the Laird of Macfarlane of the Arroquhar. Vide Pari. 11. King
James VI.

The representer of this family being undoubtedly heir-male of the old earls of
Lennox, it will not be amiss to begin the account of the family with the origin of
the ancient Earls of Lennox.

Peter Walsh and Dr Keating, two Irish historians, pretend that the family of
Lennox is of Irish extraction, and that the founder of it was Mainus, son to one
of the provincial kings of Leinster, who came to Scotland in the reign of King
Fincormachus, and married Mungenia that king's daughter. On the other hand,
Mr Simson in his History of the Stewarts, page 5, is no less positive that this an-
cient family is descended from Alexander, second son to Kenneth Thane of Loch-
r.ber, and immediate younger brother to Banquo, ancestor to the royal family of
Stewart. But, omitting both these accounts, as being at best but uncertain and
ill-founded, I shall endeavour to give a genealogical account of this family,
wherein I shall advance nothing but what is well supported, either by public
papers, private charters, or some other authentic documents.

I. It is then very certain that Arkill, one of the ancestors of this ancient
familv, and the firSt of them 1 can find, as in Mr Crawfurd's peerage, was contem-
porary with King Malcolm Canmore, about a?ino 1060, and he seems to have been
at that time a person of considerable note. -

II. His son Aluin M' Arkill, or Alvinus filhis ■ ArhU, as he is designed in old
writs, made a very great figure at court in the reign of King St David, anno^
1 124 ; for there is scarce a public charter granted in all that reign in which he is not
inserted a witness, as will easily appear to any that will give themselves the trouble
of perusing the chartularies of Glasgow and Dunfermline, or Sir James Dal-
rymple's Historical Collections.

UI. Aluin M'Arkill's son and successor, called also Ahdn, was made Earl of
Lennox, by King William the Lion, upon the resignation of David Earl of Hunt-
ingdon, the said king's brother. This Earl Aluin was, according to the supersti-
tious devotion of those times, a very liberal benefactor to the church; for he gave
in pure alms to the church of Kilpatrick, in honour of St Patrick, the lands
of Cochnach, Edinbernane, Dalmenach, Craigintalloch, Finbertbellach, &.c. with
a great deal of other lands j as is evident by a charter still extant in the register
.3

APPENDIX. 59

of Dumbarton. He left issue two sons, IMalduin his successor in the earldom,
(whose male issue failed in three descents ; and the estate of Lennox, instead of
going to the heir-male, Malcolm Macfarlane of Arroquhar, went by an heiress to
Walter Lord of Faslane) and Gilchrist, ancestor to the Laird of Macfarlane.

IV. Which Gilchrist obtained, by the grant of his brother Malduin Earl of
Lennox, " Terras de superiori Arrochar de Luss, jacentes intra rivulos qui vocan-
" tur Aldyvach, &• Aldanchulin, ex una parte, 8<. rivulos qui vocantur Hernan,
" Hinys, &- Trostan ex altera parte, una cum insulis de Elanvow, Elanvanow,
" Elanrouglass, &• Elaig :" Which land, so bounded together with the said islands,
is still in the possession of his posterity to this day. This Gilchrist is a frequent
witness to charters granted by his brother, Malduin Earl of Lennox, to his vassals ;
particularly to one granted to Anselan Macbeth Laird of Buchanan, of the
isle of Clareinch in Loch-Lomond, dated anno 1225; and to another granted to
William, son of Arthur Galbraitli, of the two Carucates of Baldernock, dated at
Fintray, anno 1238.

V. Gilchrist's son and successor was Duncax, who is designed in old charters
Dune anus films Gilchrifl, ox M'GilcbriJl, which is one and the same ; he got a char-
ter of confirmation of the said lands of Arroquhar, from his cousin Malcolm Earl of
Lennox, whereby the earl ratifies and confirms, " Donationem illain quam Mal-
" duinus avus meus fecit Gilchrist fratri suo de terris de superiori Arrochar de
" Luss, coram his testibus Domino Simone Flandrense, Domino Duncano filio
" Amelick, Domino Henrico de Vetere Ponte, & Malcolmo de Drumeth." This
charter, though it wants a date, (which is very usual in the oldest charters) yet
by the witnesses it seems to have been granted before anno 1284 : Roth this char-
ter and the original one granted to Gilchrist are, a long time after this, ratified by
King James I. under the Great Seal. {Charta in Rotidis Jacohi Primi.) This
Duncan is one of the subcribers to that famous bend of submission, by the lords
and barons of Scotland, to Edward I. of England, commonly called Rahman's
Roll, anno 1296 ; and he is therein designed Duncanus filius Gilchrist de Levenax.
I'lde Prynne, page 658. Pecia 29. He is also witness in a charter granted by
Malcolm Earl of Lennox to Michael M'Kessan, of the lands of Garchell and Bal-
lat. He married his own cousin Matilda, daughter to the Earl of Lennox, by
whom he had Malduin his successor.

VI. Which Malduin, togetlier with his friend Malcolm Earl of Lennox, were
the constant companions of King Robert Bruce in all his adversity ; and that
king, by their means, found a safe retreat in the Lennox, even when his for-
tune was at the lowest ebb, and when almost all his other subjects had deserted
him, and traiterously taken part with the King of England, and his vassal John
Baliol.

VII. Malduin was succeeded by his son Bartholomew, or Parlan, as he is
called in the Irish language ; from which proper name of Farlan his posterity
have ever since, according to the custom in the Highlands, obtained the patro-
nimical surname of Macfarlane, i. e. the son of Parian 01 Bartholomew.

VIII. Malcolm Macfarlane, as he is designed in the two following charters,
succeeded his father Bartholomew, and obtained from Donald Earl of Lennox,
upon the resignation of his father Bartholomew, son of Malduin, a charter of con-
firmation of the said lands and islands, in as ample manner as his predecessors
held the same, as the charter itself, yet extant, expressly bears: " Adeo,
" libere, plenarie, quiete, &. honorifice, in omnibus et per omnia, sicut char-
" ta originalis facta per antecessores nostros, antecessoribus dicti Malcolmi,
" plenius in se proportat St testatur, hiis testibus Malcolmo Fleming Comite de
" Wigton, Joanne Steuart de Dernly, Patricio Fleeming de Weddal, militibus, ,
" &.C. " Vide Register of Dumbarton. This charter seems, by the witnesses, to
have been granted about the year 1344. He got also from the said earl another
charter, dated at Bellach May 4th 1354, whereby the earl freely discharges him
and his heirs of four merks of feu-duty, payable yearly out of his said lands, and

that not only for bygones, but even also for the time to come. He married

daughter to by whom he had

Duncan Macfarlane of Arroquhar, his successor.

Vol. II. 4 Y.

6o APPENDIX.

IX. Which Duncan obtiiined from his cousin Duncan Earl of Lennox a charter
of confirmation of the above lands, dated at the Plarl's mansion-house of Inchmirin,
in the year 1^95; in which charter the Earl designs him, " Dilectus St specialis
" noster Duncanus Macfarlane, filius £t haeres quondam Malcolmi Macfarlane do-
" mini de Arrochar :" The witnesses to this charter are Walter Buchanan of that-
11k, Humphrey Colquhoun, first of that surname. Laird of Luss, Niel of Balnory,
Duncan Campbell ot Gaunan, and Malcolm M' Alpine, llde Chartulary of Dum-
barton. He married Christian Campbell, daughter to Sir Colin Campbell of
Lochow, ancestor to the Duke of Argyle, as is evident by a liferent charter still
extant in the above-cited Register of Dumbarton, granted by the said Duncan
Macfarlane in favours of Christian Campbell, daughter of Sir Colin Campbell of
Lochow his wife, of the lands of Keanlochlong, Inverioch, Glenluin, Fortcable,
b^c. before these witnesses, John Campbell, Dean of Argyle, Duncan Canipbell of
Gaunan, John M'Colman, &-. This charter is also dated in the year 1395. He
had by the above lady John Macfarlane his successor.

X. John succeeded, and is witness to a charter granted in the year 1426. He
married Jean, daughter to Sir Adam Mure of Rowallan, by whom he had

XI. Duncan Macfarlane of that Ilk, his successor, who was served heir to hi^

father, January i8th 1441. He married daughter to

by whom he had

XU. Walterus Macfarlane Dominus de Arrochar, who is to be met with under
King James 111. and is so designed in a charter granted to the burgh of Dumbar-
ton m the year i486. He married Livingston, only daughter to

James Lord Livingston.

XIII. His successor was Andrew Macfarlane of that Ilk, who is witness in a
charter belonging to the said burgh of Dumbarton, ad annum 1493. He married
a daughter of Stewart Earl of Lennox, by whom he had Sir John Macfarlane of
that Ilk his successor.

XIV. Sir John in a charter he gives of the lands of Garrowstuck to one William
Macfarlane, is thus designed, " Honorabihs var Joannes Macfarlane dominus ejus-
" dem, miles, Capitaneus de Clan-Pharlan." He was slain in anno 1513, at the

tafal battle of Flodden. He married first daughter to James Lord

Hamilton, by whom he had Andrew his successor, and Robert Macfarlane, first of
the branch of Innersnait : He married, ^dly, A daughter of the Lord Herries, by
V. hom he had W'alter Macfarlane of Ardleish, ancestor to the family of Gartar-
tan.

XV. Sir John Macfarlane of that Ilk was succeeded by his son Andrew, who
married Lady Margaret Cunningham, daughter to WiUiam Earl of Glencairn, who
was Lord High Treasurer in the reign of King James V. Sir James Balfour, in his
Genealogical Collections on the Scots Nobility, says, " She was the only daughter
" of Cuthbert Earl of Glencairn, by Lady Marion Douglas his wife, eldest daugh-
" ter to the Earl of Angus." He had by her Duncan Macfarlane of that Ilk, his
successor, who succeeded his father.

XVI. Which Duncan, by reason of his near relation to that family, was a con-
stant adherent to Matthew Earl of Lennox, whom he frequently assisted even to
The endangering of his own life and fortune ; particularly in the year 1544, he
joined the Earls of Lennox and Glencairn with 300 men of. his own surname, and
was present with them at the unlucky fight on Glasgow Muir, for which he was
forfeited ; but being, by the intercession of his friends, soon afterwards restored, he
obtained a remission under the Privy-Seal, which is still extant. The loss of this
battle obliged the Earl of Lennox, with several ot his friends, to withdraw to
England, where the Earl having married Lady Margaret Douglas, niece to King
Henry VIII. got some English forces to assist him from that monarch. Imme-
diately upon his return, the Laird of Macfarlane, not daring to appear for him
himself in person, sent nevertheless to his assistance 140 well armed men, com-
manded by his own near relation Walter Macfarlane of Tarbet, who were very
serviceable to the Earl in all that expedition, particularly in taking in the Isles of
Bute and Arran, burning the castles of Rothsay and Dunoon, defeating the Earl of
Argyle, &-C. As is testified by Ralph Hollinshed, in his History of Scotland,
page 463, where, speaking of these actions of the Earl of Lennox, he writes thus,

APPENDIX. 61

" In these exploytes the Erie had with him Walter M'Farlane of Tarbet, and
" seven score ot men of the head of Lennox, that spake bothe Irishe and the
" English Scottish tongues, light footmen well armed in shirtes of mayle, with
" bows and two-handed swords; and being joined with the English archers and
" shotte, did much avayleable service in the streyghts, maribhes, and mountaync
" countries." This Duncan was afterwards slain, together with a great number of
his clan, valiantly fighting against the English at the fatal battle of Pinky, Sep-
tember 10. 1547. He married, first, Isabel Stewart, daughter to Stewart Lord
Ochiltree; and, secondly, Anne, daughter to Sir John Colquhoun of Iaiss, and was
succeeded by his son Andrew Macfarlane of that Ilk.

XVII. Andrew was a zealous and hearty promoter of the Reformation, and
one of the first in the Highlands, of any account, who threw oft" the superstitions of
popery, and made open profession of the Protestant religion; in defence of w^hich
he made several signal appearances, particularly at the famous battle of Langside,
foughten May 10. 1568. At which battle the Earl of Murray, who was then re-
gent, being almost overpowered by tlie number of Queen Mary's forces, and his
army ready to give way, the Laird of Macfarlane came in very seasonably to his
assistance, in the very brunt of the battle, with a considerable supply of 300 men,
with whom he attacked the right wing of the queen's army so furiously that they
were immediately obliged to quit their ground, and betake themselves to their
heels, and were soon followed by the rest of the army. Which passage is thus re-
lated by the above-cited Hollinshed, page 506. " In this battayle the valiancie
" of an Hie-land gentle-man named M'Farlane, stood the Regent's part in great
" steede; for in the hottest brunte of the fight, he came in with three hundred of
" his friendes and countrymen, and so manfully gave in upon the flanke of the
" queen's people, that he was a great cause of the disordering of them." He took
at this battle three of Queen Mary's standards, which were for a long time pre-
served in the family : Neither was the regent insensible of the service the Laird of
Macfarlane did him at this battle; for, amongst other rewards, he gave him that
honourable crest and motto, which is still enjoyed by his posterity, and recorded in
the Lyon Register, viz. a demi-savage, proper, holding in his dexter hand a sheaf
of arrows, and pointing with his sinister to an imperial crown or: motto. This Fll
defend; and ever since that time (if not before this) the family have been in use to
carry for supporters as above ; as is to be seen on the castle of Islandvow, built in
the year 1577, ty the said Andrew. He married Agnes Maxwell, daughter of
Sir Patrick Maxwell of Newark, by whom he had John Macfarlane of that Ilk his
successor,

XVIII. Who married, first, Susanna Buchanan, daughter to Sir George Bu-
chanan of that Ilk, sans issue ; secondly, he married Helen, daughter to Francis
Stewart Earl of Bothwell, by whom he had Walter his successor; thirdly, he mar-
ried Elizabeth, daughter to the Earl of Argyle; fourthly, he married Margaret,
daughter to James Murray of Struan.

XIX. His son and successor Walter Macfarlane of that Ilk suffered very
much for his loyalty and constant adherence to his sovereign King Charles I. and
was for that cause twice besieged in his own house during Cromwell's usurpation;
and at the same time one of his houses, called the castle of Inverouglass, was
burnt to the ground by the English, and in it several ancient writs belonging to
the family. He married Margaret, daughter to Sir James Semple of Beltrees, one
of the Gentlemen of the Bed-Chamber to his Maje'-ty King James VI. and had
by her John his successor, and Andrew Macfarlane of Ardess, who succeeded his
brother.

Which John married Grissel, daughter to Sir Colin Lament of that Ilk, by Bar-
bara his wife, daughter to Robert Lord Semple: But having no male issue, his
fortune went to his brother

XX. Andrew Macfarlane of that Ilk, who married EHzabeth, daughter to
John Buchanan of Drumakill, and had by her John Macfarlane of that Ilk his
successor.

XXI. Which John married Helen, daughter to Robert Lord Viscount of Ar-
buthnot, by whom he had

XXII. Walter Macfarlane, now of that Ilk, his successor.

62 APPENDIX.

ANSTRUTHER of Anstruther.

THE family of Anstruther have probably assumed their surname from their
own lands, or from the town of that name, of »vhich they are proprietors.

This ancient family hatli long flourished in the county of Fife; for we find in
the (ii) cliartulary of the abbacy of Balmerino, which was founded by David Earl
of Huntingdon, brother to King William, that WiUielmus de Candda Dominus de
Alutroither gave to the monks, " Ibidem Deo servientibus, & in perpetuum ser-
" vituris, quandam terram adjacentem ex parte orientali villffi de Anstroither," on
the sca-coasl, by the way leading to Crail.

{h\ To this William succeeded Henry his son, who is designed Henricus Jilius
WtUielmi de Candela Dominus de Anstroither, when he confirms to the monks of
Balmerino his father's donation, in the 7th year of the reign of King Alexander II.
anno 1221.

The successor of this Henry was another Henry, who, we find, was one of the
freeholders of the county of Fife, that {c) took an oath of submission to King
Edward I. of England, when John Baliol, then King of Scotland, had subjected
this kingdom to that prince, anno i2()i (d). He was a benefactor to the abbacy
ot Dryburgh, for he confirmed, " Deo &- ecclesiiB Sanctae Maria? de Dryburgh,
" &. monachis ibidem Deo servientibus, illas tres bothas in villa mea de An-
" stroither, quas bona- memoriEe Henricus pater mens ipsis canonicis in villa sua
" dedit &. concessit."

({■) William was the son of this Henry ; he likewise ratified to the monks of
Dryburgh these three booths that had been confirmed by Henry his father. This
was confirmed by William Lamberton Bishop of St Andrews.

(/) A third Henry succeeded to this William, who ratified to the monks of
Dryburgh, " Quasdam bothas in villa mea de Anstroither, quas quidem bothas
" iiabuerunt ibidem ex donatione St. confirmatione Henrici Sc Willielmi, quondam
" predeccssorum meorum ab antiquo, testibus Thoma Ranulphi Comite Moraviae,
" David de Weerayss Domino ejusdem, cummultis aliis." Thomas Randolph Earl
of Murray was Governor of Scotland in the minority of David II. and died in the
year 1332 (^). David de Weemyss was one of those that sent a letter to the pope,
dated 6th April 132c, asserting the liberty and independency of the crown and
kingdom of Scotland.

To Henry succeeded Richard de Anstroither Dominus loci ejusdem (h). He gave
to John Strang, and the heirs begot betwixt him and Cecilia his spouse, sister to
Richard, seven acres of land lying upon the north side of the lands belonging to
the Abbot of Dryburgh, within the territory of Anstruther. This donation was
confirmed by King David II. (i) at St Andrews, the 24th April, the 33d year of
his reign, anno 1362, " Testibus venerabili in Christo patre Patricio episcopo
" Brichensi Cancellario nostro, Roberto senescallo Scocie Comite de Stratherne
" nepote nostro, Willielmo de Keth mariscallo nostro Scocie, Roberto de Eriskyne
" Camerario nostro, &- Archibaldo de Douglas militibus."

Anstruther.

Robert Anstruther was married to Isabel Balfour.

(k) The next we find is Andrew Anstruther. He had a charter under the
Great Seal of the lands of Anstruther, on his own resignation in the year 1483.
He ii;arried Christian Sandilands, a daughter of the family of Calder in Linhthgow-
shire, ancestor to the Lord Torphichen. He was killed in the service of his coun-
try at the battle of Flodden the 9th September 1513.

(/) John Anstruther, son to Andrew, Had a charter under the Great Seal to
himself, and to Margaret Douglas his spouse, of lands in conjunct fee, anno 1520.

(fl) Chartulary of Balmerino in the Library of the Faculty of Advocates at Edinburgh, {i) Ibidem.
(c) Rymei's Fcedera Anglia:, and Prynne's History. ((/) Chartulary of Dryburgh, in the Library of
the Faculty of Advocates at Edinburgh, (e) Ibidem. (/) Ibidem, {g) Cliarta penes Coniitem de
Haddington. (A) Charta penes Dorainum Joannem Anstruther de eodem. (/) Ibidem, {i) In pub-
licis aichivis. {/) Ibidem.

APPENDIX. 63:

This lady was a daughter of the House of Lochleven, the ancestor of the present
Earl of Morton. He was married afterwards to Elizabeth Spence, daughter to
Spence of Wolmerston, an ancient family in the east of Fife that is now extinct.

(/«) Andrew, his son, had a charter from his father, of a provision out of the
estate to himself, and to Margaret Abercromby his wife ; she was daughter of
Thomas Abercromby of Abercromby, an ancient and considerable family in the
county of Fife, now extinct. He was killed at the battle of Pinky the loth Sep-
tember 1547.

(/;) John Anstruther succeeded to his grandfather John. He married Mar-
garet Clephane, daughter of George Clephane of Carslogie, in the county of Fife,
by whom he had Sir James, of whom afterwards, and a daughter, married to

Forrest of Fingask. He married to his second wife Margaret Learmonth,

daughter of Learmonth of Dairsie, and widow of Spence of Wolmerston.

He died anno 1610.

(0) Sir J,\MES Anstruther had a charter under the Great Seal, upon the resig-
nation of his father, anno 1583. (/<) He was made Carver to Kmg James VI. in
the year 1585, (9) and was constituted one of the Master-Households anno 1592,
with all the salaries, profits, and privileges belonging to these posts, which are he-
reditary in the family. In the year 1571 he married Jean Scott, daughter to
Thomas Scott of Abbotshall, who was a son of the House of Balwyrie in the
county of Fife, and was Justice-Clerk in the reign of King James V. By her he
had two sons, William and Robert, and several daughters; one of them, Jean, was
married to James Douglas, Commendator of Melrose, second son of William Earl
of Morton. Sir James died in the year 1606.

(/■) Sir William Anstruther, his eldest son, succeeded him in his estate and
office, and was made one of the Gentlemen of the Bed-Chamber to King James VI.
Upon his Majesty's accession to the English throne he accompanied him into that
kingdom, (j-) and was created a Knight of the Bath at the king's coronation anno
1603. King Charles I. had such regard to the long and faithful services of Sir
William Anstruther, that hewas pleased to continue him in the Bed-Chamber after
the death of King James. He married Euphame, daughter of Sir Andrew Wemyss
of Myrecairny, a Lord of the Session, and died in the year 1649, leaving no law-
ful issue.

Sir Robert Anstruther, second son to Sir James Anstruther, and brother to
Sir Wilham, was one of the Gentlemen of the Privy-Chamber to King Charles I.
This gentleman was employed in several honourable embassies, both by King
James and his son King Charles, and likewise by Frederick King of Bohemia. In
1620 {t) King James sent him ambassador extroardinary to Christian, King of
Denmark, {u) In the year 1627 he was sent ambassador by King Charles I. to
the Emperor and States of Germany that were to meet at Nuremberg, (x) The
same King, and Frederick King of Bohemia, and Elector Palatine, gave him a
commission to be their ambassador and plenipotentiary at the meeting of the Diet
at Ratisbon. In the year 1630 he was sent also ambassador from King Charles I.
to the meeting of the Princes of Germany at Hailbrun. He married Katharine,
daughter of Sir Edward Swift, knight, of the county of York, and of Ursilla his

wife, daughter of Danby of Masbam, Esq. and sister to the Lord Viscount

Carlingford, by whom he had two sons, Robert and Philip, and a daughter, Eliza-
beth, married to Austen, Esq. near Guilford.

Robert succeeded his father Sir Robert in his estate of Whetly in Yorkshire;
He married Anne, daughter of Sir John Corbet of Stoke in Shropshire, but died
without issue-male.

Sir Philip Anstruther, second son to Sir Robert the ambassador, succeeded his
uncle Sir William in his estate and offices in Scotland. When King Charles II.
Game to Scotland from Breda in 1650, he was very zealous to advance his majesty's
service all he could. He had "a command in the royal army when they marched

(m) In publicis archivis. (»;) Charta penes Dominum Joannem Anstruther. (0) Ibidem. (/>) Ibidem,

(y) Ibidem, (r) Ibidem, (j) Anstis's History of the Order of the Bath. (0 Charta penes Dominum

Joannem Anstruther, (k) Ibidem, (.v) Ibidem.

Vol. U. 4 Z

64 APPENDIX.

into Engkirid, and was taken prisoner at the battle of Worcester; for vvliich hi.
estate was sequestrated, until the Restoration of the King in 1660. He inanied
Christian, daughter of Major-General Lumsden of Innergelly, who served with
honour in the wars of Germany, under the command of Gustavus Adolphus King
of Sweden, by whom he had Sir William his heir.

Sir James Anstrutuer of Audrie, an Advocate and Principal Clerk to the Bills.

He married Katharnie, daughter of Skene of Halyards, by whom he

had Philip Anstruther, colonel of a regiment of foot in his majesty's service, and a
daughter. Christian.

Sn- RoBHRT Anstruther of Balcaskie, the third son, was married to the heiress
of Kinnear, in the county of Fife. He married, to his second wife, Jean Monteith,
heiress of Wrae in Linlithgowshire, by whom he had six sons and two daughters.
First, Philip, an advocate, and one of the principal clerks to the bills. Second,
William, a captain in Brigadier-General Preston's regiment; he was killed in 1715,
when General Willis attacked the rebels at Preston, and forced them to surrender.
Third, Robert, a Captain in Colonel Anstruther's regiment. Fourth, George, a
lieutenant in the same regiment. Fifth, John, who died young, and Alexander,
who died an ensign in Brigadier-General Preston's regiment. His eldest daughter.
Christian, is married to Sir John Henderson of Fordell, and Jean, to James M'Gill
of Ranlieillor. His third wife is Marion Preston, daughter to Sir William Preston
of Valleyfield, by whom he has Charles, and several daughters.

Sir Philip Anstruther had to his fourth son Sir Philip, who was a captain in
the Earl of TuUibaidin's regiment. He married Elizabeth, daughter to, and co-
heir of, James Hamilton of Mountainhall. He died in 1722, and left Philip, a
captain in Colonel Anstruther's regiment. Christian, married to Sir William Weir
of Blackwood, Jean, and Elizabeth.

Sir Alex.\nder Anstruther, the youngest son, is one of the Principal Clerks to
the Bills. He married Jean Leslie, eldest daughter and heir, both to the estate
and honour, of David Lord Newark, by whom he has William. Leslie, David and
Alexander Anstruthers, and several daughters.

Sir Philip died in 1702, and was succeeded by his eldest son Sir William. He
was chosen member of Parliament in the year 1681, when the Duke of York was
his Majesty's High Commissioner, and joined with other patriots in opposing the
arbitrary measures that were taken at that time. He heartily concurred with the
Revolution, when he saw our religion, laws, and liberties, in danger of being over-
turned. Soon after the Revolution he was constituted, by King William and Q^ieen
Mary, one of the Senators of the College of Justice, and one of the Commissioners of
the Court of Justiciary, and some time after was made one of his Majesty's most
honourable Privy Council and Exchequer. He exerted himself with a great
deal of zeal in promoting the union with England, with a design to get the suc-
cession to the crown settled upon the illustrious House of Hanover. He died in
1711, and left by Lady Helen Hamilton, his wife, daughter of John Earl of Had-
dington, one son, John.

Sir John Anstruther of Anstruther was chosen member of Parliament in the
year 1703, and hath been returned a member of Parliament ever since the union,
except the first session, when the representatives for Scotland were chosen by Par-
liament. He gave convincing proofs of his zeal for the Protestant succession in
the present illustrious family, by his behaviour in the British Parliament before
the year 1714, and by his serving as a volunteer, with other persons of quality,
when, the rebellion broke out in 1715. In January 1717 he married Lady Mar-
garet Carmichael, eldest daughter of James Earl of Hyndford, who died in 172 1,
leaving three children, Helen, John, and James; this James died soon after his
mother.

A younger son of the family of Anstruther entered into the French service, and
settled in that kingdom, v/here their posterity still remain; but at what time this
happened is very uncertain.

The arms of the family are to be seen blazoned in the First Volume, page 2.01.
?.nd are engraved in. the Plates of Achievements, Plate IX.
3

APPENDIX.

BIRNIE OF THAT Ilk.

Mr. JOHN BIRNIE of Broomhill, great-grandson and representative of William
Birnie of tliat Ilk, has beside him a Seanachie's tradition of that family written.
That in the year of God 838, or thereby, Alpine King of Scots, with many of his
prime men, being taken prisoners in battle by the Picts, and thereafter murdered
in cold blood, and the King's head, in a base manner, set on a pole in one ot their
chief cities, Kenneth II. his son, a brave prince, soon raised an army to be re-
venged on the actors of so barbarous a murder.

All his followers were desperate and resolute, and had many conflicts several
days together, amongst whom was one Birnie, (an Irish word, and signifying in
English bright^ so called, because of his glittering armour, with his two sons, who
having already several times signalized themselves, yet one evening pressing furi-
ously into the thickest of the Picts, were all three, with several others, surrounded
and made prisoners. Night by this time putting an end to the fight, they had
each of them one leg put fast in a pair of stocks to prevent their escape, till the
Picts had more leisure to put them to death.

The father knowing very well what would come of them, advised the cutting
off of each of their legs; which done, they made a shift to return to their own
men; and at the next battle, fatal to the Picts, they were observed to behave
themselves with a new courage, wherewith the loss of their legs had animated
them.

The fortune of the Scots at length prevailing, this King Kenneth, in his just
revenge, laid not aside his arms, until he had extirpated the whole nation of the
Picts. Their possessions he divided amongst his men, as they best deserved, and
upon Birnie he bestowed a barony of land near Elgin, in the shire of Murray, yet
bearing his name, and which his posterity enjoyed for a long time thereafter, and
gave them for their arms, gules, in resemblance of the late bloody battle, a fesse,
the mark of honour, betwixt the how and arrow in full draught, the most an-
cient arms then in use, and the three legs couped at the thigh, in perpetual
remembrance of their valour ; as to be seen among the Plates of Achievement in
Vol. I. PL 7.

This estate continued in their possession till about the latter end of the civil
wars, in the minority of King James VI. the last whereof was the above William,
who married Margaret, daughter to Eraser of Philorth, and, after Birnie's death,
was, by Q_iieen Mary, made Mistress of the Mint. He left of issue only one son,
Mr William Birnie, who, at age, and after three years study abroad, was, upon the
28th of December 1597, presented by King James VI. to the church of Lanark,
and made by hir., -i^.^ h member of both the Courts of High Commission : In
which parish, because of the several quarrels and feuds amongst the gentlemen, he
not only learnedly preached the gospel, but was obliged many times, as he well
could, to make use of his sword. He married Elizabeth, a brother's daughter of
Lindsay of Covington, and had issue, John, a merchant, who died without heirs-
male; James, a merchant in Poland,^ and after secretary to John Casimir King of
Poland, who had no male issue; and Robert, Mr William's third son, who was
also, by presentation from King Charles I. of the date the 23d of November 1643,
made minister at Lanark. He married Christian, daughter to Dr Patrick Melvin,
Professor of the Oriental Languages at St Andrews, of the family of Raith. Tnis
Christian was so good a proficient in the Hebrew language, that she was able to
English it in any part, even without points. They had of issue one son, the above
Mr John, and a daughter, Janet, married to Mr John Irvine of Saphock, whose son,
Mr Alexander, now of Saphock, advocate, is the true heir-male and representative
of the family of Drum, and married Barbara, daughter to Dundas of that Ilk.
Mr John Birnie married Jean, daughter to James Hamilton of Broomhill, Bishop
of Galloway, second son of Sir James Hamilton of Broomhill, baronet; the bishop's
eldest brother being John Hamilton the first Lord Belhaven. He had issue the

66 APPENDIX.

present John Birnie of Broomhill, Mr Alexander, an advocate, and Isabel, married
to George Muirhead of Whitecastle.

IRVINE OF Drum.

THE name and family is very ancient. Some antiquaries bring the name Ere-
■vlne, now written Irvine, from the Celto-Scythic word Erin-vine or Fein, which
signifies a stout •westland man : For Erin, in the old Gaelic or Welsh, signifieth
ivest ; and J'ine or Fein, a resolute and worthy man. Ireland is at this day called
Erin, both by its ancient inhabitants and those of Albion, because its situation is
west from Albion.

When the colonies of the Gauls came from the west coasts of Spain, and
seated themselves in the east coasts of Erin, and in the west hills and islands of
Albion, then the Erevines came to both these islands. The Silures of South
Wales were of these colonies, as Tacitus affirmeth : And the Brigantes, both of
Albion and Erin were of the same.

Those among them in Albion, called Erevines, had their seat in that part of the
country now called Cunningham ; they gave their name to the river, and to their
own habitation, at present called the town of Erevine or Irvine. The chief of
them was Ahthane of Dule, an honourable title of old. John Major de Gest. Scot,
lib. 3. cap. q. relateth that Erevine, the Abthane, married the only daughter of
King Malcolm II. who began to reign anno 1004. He sayeth this Malcolm " fi-
" liam unigenitam habuit h^redem quam nuptui tradidit Eryvino Abthano
" de Dule, id est, Senescallo regis in insuhs ad colligendos regios proven-
" tus. "

Some of this family went to the south, and took up their dwelling upon the
river Esk, at present called Castle-Irvine or Irvine-Hall ; by marriage the eldest
of the family there got the lands of Bonshaw, which they as yet possess.

King Robert the Bruce, when he fled from Edward Longshanks, came to Bon-
shaw, and took thence the eldest son of the family, Sir William Irvine, to wait on
him : He made him his Secretary and Armour-bearer ; and, because of his remark-
able fidelity to him in all adversities, this king gave him the lands of the Fo^
rest of Drum ; and, he himself having carried as a private badge three laurel-
leaves, with these words, Sub sole, sub umbra virens, he gave to this William,
Drum's predecessor, for arms, three holly leaves, which is a kind of laurel, with the
foresaid motto. Sub sole, sub umbra virens. Thus the armorial bearing of the
family is argent, three holly branches, each consisting of as many leaves proper,
banded together giiles. The supporters are two savages wreathed about head and
loins with hollies, bearing battons in their hands. This is vouched from the
charters of the family, and by Sir George Mackenzie in his Book of He-
raldry.

Sometime thereafter the Laird of Drum married the daughter of Sir Robert
Keith, Knight Marischal, whom he had by Margaret Hay, daughter to Gilbert
Lord Hay, first Constable of that family. This Sir Robert Keith was killed at the
battle of Durham, anno 1346.

The son of this Drum, Sir Alexander Irvine, commanded the Lowland forces
at Harlaw in 1411, killed with his own hand Maclean, a chief commander of the
Highlanders, and was there killed himself; as Hector Boethius relates, saying,
That he was ob prtecipuum robur conspicuus.

His brother, named also Sir Alex.^ndkr, succeeded, and was one of the Com-
missioners sent by the Estates of Scotland to treat anent the ransom of King
James I. and to bring him home ; as Hector Boethius and Drummond of Haw-
thornden testify. John .Major, in his History, lib. 6. cap. 12. sayeth. He was.
knighted by this king in his second Parliament holden at Perth: His words are,

APPENDIX. 67

" Ecfuitem auratum militari balteo praecinxit ; " there he reckonetli this family
«' inter veterum familias."

This Sir Alexander married a daughter of the Lord Keith Knight Marischal,
by whom he had Alexander, and another son, to whom he gave the lands-- of Red-
mire and Whiterigs in the Mearns, holding as yet of Drum. From this second
son are descended the Irvines of Lenturk.

Alexander married Abeniethy, daughter to the Lord Salton, by

whom he had Alexander Irvine of Drum, who married Katharine Forbes, daughter
to the Lord Forbes : By her he had three sons, Alexander, Richard of Craigton,
from whom are descended the L"vines of Hilton, and Henry, and a daughter Lady
Wardes.

Alex.\nder married Allardice, only daughter to Allardice of that

Ilk ; by whom he had a son, Alexander, and two daughters ; one married to
Balbegno, and another to Fraser of Muchil, the predecessor of the Lord
Fraser.

Alexander married Elizabeth Ogilvie, daughter to the Laird of Findlater, who
was killed at Pmky, anno 1547. He left six sons and three daughters ; Alexan-
der, William of Ardlogie, Robert of Tillilair, from whom Fortry is descended,
Gilbert of Cullairly, who had three sons, Alexander, Gilbert, and John of Murthill,
James, Knight of IVIalta, ordained by the Great Master, Prior of the Order in
Scotland, and was to have been created Lord Torphiclien, had he submitted
to the Reformation, and John the sixth son. The daughters were, Janet married
to Gordon of Abergeldy, Elizabeth to the Laird of Meldrum, and the third to
Arnadge.

P>om John of Murthill, now mentioned, are descended the Lwines of Murthill and
Cults.

Alexander, the eldest, married Lady Elizabeth Keith, daughter to the Earl Maris-
chal, by whom he had live sons and four daughters. The eldest married to Ury,
the second to Keith of Craig-Inverugie, third to Ogilvy of Boyne, and the fourth
to Menzies of Pitfoddels. The sons were, Alexander, the eldest, second Robert
of Fornet or Montcoffer, extinct, third James of Brucklaw, the predecessor of Sa-
phock, fourth William of Bealty also extinct, and the fifth John of Ardtamford,
the predecessor of Crimond and Ardtamford.

That this J.ViMES was the third son, and John the fifth, is instructed by the two
original charters granted by Drum, their father, to them, the one dated 5th Febru-
ary 1598, and the other 27th March 1602, in the custody of Mr Irvine of Saph-
ock, which serves to rectify a mistake in the First Volume, page 395.

Alexander, son of this Drum, married Marion Douglas, daughter to the Earl
of Buchan. He had two sons, Alexander and Robert of Fedderet, and five
daughters ; eldest Lady Banff, second married to Urquhart of Leathers, third to
Douglas of Glenbervie, fourth to Ogilvie of Innerquharity, and the fifth to Graham
of Morphy.

Robert, the second son, married Campbell, daughter to Glenorchy. He

had two sons, Alexander and Robert, and two daughters, one married to Gordon
of Gight, and the other to Fraser of Strichen. Alexander married Lady Eliza-
beth Ogilvie, daughter to the Earl of Fmdlater : Both he and his brother Robert
died without male issue. This Drum mortified four bursaries to the Grammar-
school of Aberdeen, at L. 80 Scots each ; to the university there, four of philo-
sophy at L. 100 Scots, and two of divinity at 200 merks each. His lady endowed
an hospital for relief of poor widows: Of all which Drum is patron.

His eldsst son, Sir Alex.ander Irvine, was Sherift-Principal of Aberdeen ; he
married Magdalen Scrymgeour, daughter to Dudhope, Constable of Dundee, and
had five sons, Alexander, Robert, James, Charles, and Francis ; the four younger
died without issue ; and six daughters, Marion married to the Viscount of Fren-
draught, Anne to the Earl of Aboyne, Ehzabeth, Jean, Isabel, and Marga-
ret.

Alexander married Lady Mary Gordon, daughter to the Marquis of Huntly, and
had by her three sons, Alexander, Robert, and Charles ; and four daughters, Mary
maiTied to Patrick Count L?she of Balquhain, Margaret to Menzies of Pitfoddels,
Jean to Irvine of Murthill, and Henrietta to Pitcaple. By a second marriage he

Vol. II. e, A

68 APPENDIX.

upon record, made me think that I would have been wanting to the public, and
many families all Europe over, should I not have given a more particular de-
duction threof.

Gentilitian, or family names, are but of late, which obliges me to go back to
former ages. The Ptolemies, Fahli, Bruti, and Ciceros were so called on different
accounts ; but the noblest rise of surnames was from the arms under which they
and their ancestors had performed glorious achievements {a), which, after the wars,
they retained.

Thence it is a clear proof of a noble descent, when the name is taken from
these bearmgs (i), amongst the most divine and heroic, whereof we find the
Horns, and that glory (r), honour, beauty, and empire, are by them symboli-
zed {d).

They were the sacred and royal badges of the gods and heroes {e). Jupiter,
Y't'O, Sospita, Pan, and other deities, distinguished themselves by these ; and, up-
on their first appearance upon the brave Frretor's head, he was by the soothsayers
saluted king(/).

Bacchus thdt mighty conqueror carried the horns in his crest and banners, and
therefore was called Corniger. Alexander King of Macedon no sooner fancied him-
self the son of Jupiter, than he clapt the horns in his crest and coins, as conqueror
of the eastern and western empires, and was foretold by the prophet {g), by the
goat with the horns, and the asra from his conquests was called dalcarnaim pr
horned (Z»).

Pyrrhus, the bravest of all his successors, perpetuate this heroic bearing to his
descendants (i), who, in the wars with Hannibal, left Eprus, joined the Romans,
and from their arms, as Bacchus and Alexander formerly, were called Cornuti, Cor-
nigeri, and Cormificii, and afforded generals, consuls, praetors, and other magistrates
to that glorious republic.

The using the same name and arms is an uncontested proof of cadency and
descent. These of the Cornuti, and those of the surname of Horn have been always
the same (^k) ; for upon the fatal division of the empire to Constantine's sons, we find
them blazoned (/), " Duo cornua venatoria rubra in parma lutea, quae in summo
*' instar lunae fiectuntur duphci circulo margo circumdatur." By the two horns
representing the eastern and western empires, by the two circles, insinuating, that
■although they were divided in the persons of two emperors, yet they continued
(jue and the same, to which they had a Minerva added (jn), in token of their wis-
dom as well as valour.

Frequent mention is made by the Roman and other historians of the Cornuti, and
great actions by them performed.

It was they who, under the brave Julian, retrieved the sinking glory of Rome
at the battle of Strasburg against the united Germans. " Cornuti enim (says
" an eye witness) («) usu armorum diu assueti gestu terrentes barritum civere
" nrma armis corpora corporibus obtrudebant," whereby they stayed the flying
army, and obtained a glorious victory.

It was also they who supprest the usurpation of Sylvanus against Constantius :
" CcEsis custodibus (writes the same author) (o) regia penetrata Sylvanum extrac-
'• tum asdiculo, quo exanimatus confugerat densis gladiorum ictibus trucidarunt."

Besides, what is writ of the Cornuti in general, we have upon record many great
men of that name. Sextus Coinutus, an illustrious senator, asserted the Roman
liberty against Cinna and Marius, and in that bloody proscription was saved by
the fidelity of his slaves (/)), in taking the body of a slaughtered plebeian, putting
their master's clothes upon him, with his ring on his finger, rolling all in blood,,
bringing in the satellites to see their slaughtered lord, sending the ring to Marius,
thereby to get the promised reward, giving the funeral pale, whereby all farther
enquiry was laid aside, and he escaped to the Gauls.

Julius CfEsar, in his greatest danger, did animate his fainting army by telling
them, after his loss at Dyrachium, that Q^iintus Cornutus (or Cornuficius) was-

(a) Juris, prud. per page 112. {h) Pasch. lib. 10. 4. (0 Psal. cli. 89. ver. i;. {J) Psal. 92. ver. 10.
(e) Span. d. U5. num. pag. 4C0. (/) Val. Max. lib. 5. cap. 6. § s. {g) Dan. cap. 8- ver. 21.
(*) Alfran. cap. 1. § 6. d. aeris. (0 Plut. in vita Pyrrh. (Q Alicat. par. lib. 5. cap. 13. (/) Grajv.
Thf:. ant. Rom. pag. ]8:8. (m) Ibid. pag. 1830. (n) Ammian. Marcel, lib. 18. cap. 12. (0) Lib.
1 1;. cap. I'l ip) Pint, in vita Marii.

APPENDIX. 69

coming with two legions to their assistance, to whom, after Pharsalia, the finish-
ing of tlie civil war was committed ; he put an end tiiereto with a great deal of
glory (1/) and in memory thereof built Cornutum, (now Presburg) the capital of
Upper Hungary. He arraigned Brutus, as Agrippa did Cassius, for Caesar's mur-
der (.).

Augustus Cajsar did owe the preservation of his army in Sicily to Lucius Cor-
nutus, who had that island for his province, which being reduced to great straits
by the shipureck of Augustus coming to their relief, yet he made a brave retreat
in the face of Pompey the younger's ai-my. He was consul with Sextus Pompeius,
Augustus' near kinsman (s), and repaired the buildmgs consecrated to Diana at
Rome (r).

There was another brave republican, Quintus Cm-nutus, or Cornuficius, who,
with Brutus and Cassius, stood for the senate against the Triumvirs, and received
into Africa his province all that fled thither; but after he had done all that was pos-
sible for his country's liberty, finding his army dispirited, he disdainfully called
them Gidkati Lcpoies (/(), and died on bis sword ; it was to him that Cicero wrote
his 17, 18, 10, and 22 epistles. There are several coins still extant, bearing the
effigies and inscription of ^t/itiis Cornutus Ati^ur Ifl Imperator (t»^.

Tacitus {yj) affords us another noble Roman and lover of his country, Cecilius
Cornutus, who had been prator among the Gauls, and in that time, by his justice
and liberality, had gained a great ascendant over that nation. He was accused by
Tiberius, as having advanced great sums of money to make them revolt ; but
rather as undergo a trial before a prince where virtue was a crime, according to
the then heroic custom, he made choice of a voluntary death.

There was another Cornutus sent over from Boulogne by Julius Caesar with the
British ambassadors, to discover the coimtry and inhabitants ; Echard calls him
Corneo (x).

They were not only famous in the state for arms and government, but also for
learning. vEneas Cornutus fell under Nero's displeasure for saying he had writ
too much ( v) ; he criticised Virgil (z). And there was another no ways inferior
to Livy for history ; and in what esteem a third was, appears from Persius's 5th
Satire ; a fourth wrote mythology, or the history of the gods ; and the learned
Cornuficia did show that poesie and letters were not denied her sex.

By the way, I must notice why the herns, the most honourable of all the an-
cient bearings, should be pointed to a certain kind of men, as a badge of their
misfortunes; and I find (laying aside the story of Andronicus, and venison sent to
his favourite ladies, the horns whereof the husbands next day affixed to their gates,
to show the favour they were in with the emperor, and the curious Acteon with
the bathing Diana) (i?) the jest to have arisen from Lucius Cornutus, a tribune in
the Roman army, who being suspected of an intrigue with a lady, from whose lodg-
ings being called suddenly, he, by an unlucky mistake, clapt the husband's hel-
met on his head, thinking it his own, wlio, not dreading the consequences, fol-
lowed with that of his guest with the horns ; and both appearing in the army
thus dressed, occasioned an huzza ; the confusion on both sides was great ; the
casques were with mutual blushes returned ; the story spread, as scandals do, and
gave rise to the calling all such good-natured husbands Cornuti, and their assistants
Cornuficii, and the continuing that byname with that branch of the family, a
thing very usual among the Romans (i).

Having given a short hint of the Cornuti, whilst the state of Rome remained
under consuls and emperors, with the succeeding Goths they continued in good
friendship ; but Attila and his barbarous Huns having wasted Italy, the Cornuti
were obliged to shift, some whereof retired to the islands in the Adriatic Sea,
and with other noble Romans founded the city and republic of Venice ; others
lurked in Italy, a third joined Meroveus King of the Franks, but the greatest part

(?) Caes- Com. de Bell. Ale.t. (r) Plut. in vita Bruti- (j) Dion. Cass. pag. 245. (/) Suet, in vita..
Augas. (a) Vos. de nat. art. p. 35. {y) Patin. fam. Rom- pag. 93. (w) Lib. 4. cap. 8. (*■) Vol.
I. page 307. {y) Dion. Cas. page 250. (k) Aul. Gel. lib. 2. cap. 6. (a) Span. d. us. num. page
202. {J/] Cartr. Hist. Rom. vol. 13. page 93.

Vol. II. 5 B

70 APPENDIX.

associated with Thorismund King of the Goths, and for some ages shared in- tiieir
fortunes.

This once-united Gens or tribe being thus separate, could not but receive an al-
teration in their surnames, according to the humour and languages of the several
nations with whom they had associated, yet still they retained the paternal and fa-
mily arms.

In the State of Venice, where lofty and sonorous names were affected, from de
C'jrnu they assumed de Cornaro; of which house the three branches are St Maurice,
St Paul, and Calle, brothers to the renowned Queen of Cyprus; they are a size of
nobility above all the families in that state, and carry themselves so high, tliA
many daughters have become nuns, lest they should be obliged to change their
own most noble name with that of a husband (c); they have been Doges, and
borne the greatest offices both in church and state.

In Italy they retain the name de Cornu or Corneo ; of which tha-e are several
great families still extant ; and frequent mention is made (rf) of the brave Ascanea
de Cornu, to whom the victory of Lepanto and preservation of Malta against the
Tuiks in a great measure was owing. He had a hand in all the exploits performed
by Don John, both in Africa and the Low Countries.

In France they are Lords of Villeneuve, near Montreiiil, and retain the name de
Cornu \2 Cormttus. They were famous in the gov/n ; Gautier de Cornu, anno 1223,
was Archbishop of Sens, and great Eleemosynary to Philip Augustus. Gilon de Cornu.
was also an archbishop, and attended St Louis to the holy wars. The Sees of
Chartres and Ncvers were also filled by two of his name (<°).

As to the fourth and greatest part of this once-united clan, which associated with-
the Goths, horn signifying the same thing in the Sclavonian, Gothic, German,
Dutch, and British languages, that cornu did in the Latin, they assumed the
surname of Horn, but still retained the paternal arms without the least altera-,
tion.

The Goths having retired to Sweden, the Horns seated on the Maese, and built
the city and Castle of Horn on that river, Horn in North Holland, Hornburgh
in the Lower Germany, with a great many other towns and castles, of which,
although at first they had the sovereignty, yet since many of them iiave been
wrested from their first founders, of whom they retain now no more than the
name and arms.

Christopher Butkins, in his Trophies Brabantia, writes thus : " The House of Horn
'• is the most ancient and illustrious of the seventeen provinces ; and for its anti-
" quity, power, and high alliances, deserves to be placed among the sovereign
" states, it being certain that the lords of that house have possessed their estates,.
" without any dependance or homage to any other prince, and were absolute so-
" vereigns of the country on the Maese, and as such did coin money with their
" own impressions, which do still pass current in the county of Liege."

Gille, a Monk of Arvile, in his Annals of the Bishops of Liege, writes the his-
tory of this noble family from the year 1701, " That Conrade Count de Horn asso-
" ciate with the Bishop of Liege, Earls of Namur and Luxemburg, for keeping
" the peace of the country, but excuseth his not going further back, because some
" years before that time, the Normans, by a barbarous eruption on the Maese, burnt
•' down churches, records, and monuments, whereby the memory of preceding ac-
" tions might have been transmitted to posterity."

This illustrious and independent house lost their sovereignty anno 1106, by
William I. associating with the neighbouring princes agamst Henry V. who, by
his imperial power, had divested the Duke of Limburg of the Dutchy of Brabant,
vind given it to Godfrey Duke of Lorrain, which they thought of bad example; and
although at first the success was doubtful, yet, in the end, victory inclined to the
imperial side, whereby the count, after a siege in his own town of Horn, was
obliged to capitulate, and buy his piece at the rate of his independency, and, from
a free and absolute prince, became a feudatory of the Roman Empire.

The Counts of Horn, as Knights of the Golden Eleece, do bear (/) " Tria cor-

(c) Burn, Let. from Florence. (</) Strada. Ricl. Tiir. page 522. torn. 3. (f) Guil. le Bre:. lib. 12.
{/) Chifl. de Gen. less. cap. 21. page 73.

APPENDIX. 71

•' ima venatoiia coccinea, argcnto annillata in scuto aureo apex: pileus turbina-
" tus hermonicus mal■^■ine pavunico lacinix' Pwiiticae et cocciiicu:."

Their lands were erected into a pvincipality b_v Cluirles hut ts-ing of Spain, in the
person of Eugene Maximilian Prince and Count <iV Homes, anr.oi 677, whose son Phi-
lip Emanuel, Prince and Count, was Lieutenant-Gcneral to his Catholic Majesty,
and grandee of tlie first rank in Spain; he was bred fi-om his voutli in the wars
both in Hunga>-y against the T.urtis, and in his own country, and, after signal ser-
vices done to the Spanish Monarchy, he died at Brussels of the wounds he had re-
ceived at Ramillies.

This most illustrious family is presently represented by Maximilian Emanuel Prince
and Count dc Homes Onacourt, Count of Bassigne, Hautkirk Balliul, &c. He
was born at Brussels the 3 rst of August 1695, and is married to Lady Charlotte Mary
Bruce, only daughter to Robert Earl of Elgin arid Aylesbury, a male branch of the
royal family of the Bruces by the Countess Sanau, in a second marriage, and is
short of none of his noble ancestors.

They have matched with the imperial and greatest families in Europe. Gerard,
the first Count dc Homes was married, anno 1306, to Emergard, daughter to the
Emperor Albert, William VI. to Elizabeth of Cieves, whereby Theodore, their son,
succeeded to great estates : his grandchild, M</rv '^f Homes, was married to the re-
nowned John Stewart Earl of Marr, nephew to Robert III. Kmg of Scots, who got
with her the lordships of Duffel and VValhem ( p-). He was among the first of
our Scots heroes, and obtained glorious victories abroad, and, at Harlaw, in Aber-
deenshire, where he beat Donald of the Isles with triple his number.

The House of Orange da bear the hunting-horn in their arms and coins for the
lordships of Sichem and Disst, got by a match with this family.

It is from this noble and ancient House of Horn v/e see innumerable generals
and noble and honourable families descended in most parts of Europe, who, in each
age, have made a bright appearance in some parts thereof.

In Sweden they aSbrded a tract of heroes from Sigismund III. son to William IV.
Count d'Homes, who was sent by his fiither to the aid of Magnus IV. King of
Sweden against the Muscovites; since which time all the race'have been either ge-
nerals, colonels, or senators of that kingdom, and have greatly enlarged the domi-
nions and glory thereof..

Gustavus Horn, General to the great Gustavus Adolphus and Marechal of France,
was descended ot this branch, ever victorious till the battle of Norlingen, fought con-
trary to his advice, where I2,ccd Germans and Swedes were killed, and he made
prisoner; of which overthrow Puflendorlf having given the lamentable account,
concludes (A), " Sed maxima jactura in Horneo erat : a cujus sententia, si res ges-
" tae fuissent irreparabilis clades declinari poterat." He was received by Ferdinand
King of the Romans and Hungary, who commanded for the emperor, with all the
marks of esteem due to so great a man; and, after some months generous entertain-
ment, had his liberty; and was one of the Administrators to the crown of Sweden
during Qj.ieen Christina's minority.

Count Henry Horn, nephew to Gustavus, as he succeeded to his uncle in his
great estates, so in arms he endeavoured to follow his example, for being general
of the Swedish army, which did not exceed 30,000 men, he overthrew at Warsaw
50,000 Poles and as many Tartars, who were come to their aid in one day, they
being separately encamped ; an action worthy to be recorded to all posterity.

A-S in the Roman world this race not oniv afforded great generals, but also states-
men, so, in ours. Count Arvid Horn was High Chancellor of S.veden during the
last king's reign, and gave great proofs of his consummate abilities at such a critical
juncture, and at the great Congress at Lubeck, anno 1651. Lord Chancellor Horn,
for Prussia, contributed very much, with the Imperial, French, Swedish, and other
ambassadors to the peace of Germany (/).

There is yet a Swedish General no less to be noticed than any of these we have
mentioned, Cnint Hening Rudolph Horn, Senator of the kingdom, Major-General
and Commander in Chief at Narva, who, with iSoomen, defended that city against
100,000 Muscovites for three months, whereby he afforded his glorious monarch a

(f) Jur. Her. page 2S3. (/■) page 162. (i) Can. Mem. p. 253.

;- APPENDIX,

noble scene, the 29th November 1700, of beating that numerous army, and tak-
ing more prisoners than there were soldiers on the Swedish side (k); he had a great
hand in all his sovereign's transactions whom he represented, by sitting at dinner
upon King Stanislaus's right hand, and conducting the Qtieen tlie day of liis coro-
nation (/).

In Greece, anno 1688, General Horn commanded the confederate army with
Cornaro; for the Venetians took Athens, and gave several signal defeats to the
Turks (;«).

There was another noble branch of this House, Counts of Bassigne Gnesbeck,
S^c. of which house Maximilian was Great Chamberlain to the Emperor Charles
V. ; and in another chapter held at Middieburgh, anno 1515, was made Knight
of the Golden Fleece (n).

Strada (0) mentions a brave patriot, William cTHorn, a young Lord Baron of
Heze, and Governor of Brussels, who, at the shaking off the Spanish yoke, order-
ed Gliraes, Governor of Brabant, to enter the palace, and make all those of the
Spanish faction prisoners. He restored peace to that city then in a great commo-
tion. He was still faithful to his prince, although with many others mistaken, and
lost his head in the cause.

In England they appeared in to^a y sa^a. Robert Horn was Bishop of Win-
chester and Prelate of the Garter (p). And Andrew Horn's Learned Mirror of
jubtice, wrote in the reign of Edward I. shows his eminency in the laws.

Robert Horn, with the Lord Falconbridge, led the van of Edward IV's army
anno J461, and obtained a glorious, though bloody victory (y). Sir William
Horn, son to Thomas Horn of Snailwell, for his bravery was knighted in the field
by Henry VII. and afterwards Lord Mayor of London. And to conclude, in an-
cient or modern histories we do not find any one name that hath afforded more
brave generals or valiant soldiers than this of Horn.

This illustrious house, whose branches, like a mighty cedar, have spread all
Europe over, afforded also to us a scion cultivate by a royal hand. For King
David being obliged, by the invasion of Edward Baliol, to pass much of his youth
in France, where Oibo cVHorn, third son to Gerard Count d' Homes (?), was High
Admiral (j-), and in that time had done him many signal services, and having
sent over yohn d'Horn, his near kinsman of the House of Horn, to congratulate his
majesty upon his return from his captivity in England, his majesty was so well
pleased with the messenger, that he thought it a proper method to retain him,
and acknowledge former services, to bestow upon this stranger the honour of his
cousin Janet, daughter (as I have good ground to believe) to Sir William Fraset
of Cowe, second son and heir-male to Sir Alexander Eraser, first Chamberlain of
Scotland, in marriage, with the lands of Glenlyon ; all which do exactly agree with
the chronology, and several documents before me, particularly the following char-
ter, still extant, and in the public registers.

" David D. G. Rex Scotorum : Sciatis nos dedisse, &-c. dilecto & fideli nostro
" Joanni de Horn, & Jannetae, sponsae suae consanguineae nostrse predilectae, totam
" terram nostram de Glenlyon in Athol, cum justis suis pertinend. tenen. &. haben.
" eidem Joanni & Jannetae, &c. cum libertatibus, &c. ad dictam terram pertinen.
" quosque eisdem fieri fecimus, statum haereditarium de tanta terra in loco com-
" petenti faciendo, inde servitium debitum & consuetum, revocatione nostra ulti-
" mo facta, non obstante. In cujus rei testimonium prssenti cartae nostras, sigil-
" lum nostrum prscipimus apponi. Testibus Patricio Episcopo Brichinen. Can-
' cellario nostro, Rolserto Senescallo Scotis Comite de Strathern nepote nostro,
" Roberto de Erskin, &- Archibaldo de Douglass, militibus, apud Perth, duodecimo
'•' Martii, anno regni nostri tricesimo nono."

Their descendants possessed these lands till after King James I.'s return from
England, at which time differences having arisen in the royal family, they, with
many others, suffered thereby.

(^) Hist. K. of Swed. (/) Hist. Eur. an. 1705. p. 375. (m) Ricl. Hist. torn. 3. p. 320. (n) Chif.
Cap. 143. (0) Vol. I. p. 467. (/i) Holin. p. 1299- (?) Holin- p. 664- (r) Sup. Mor. Diet. Horn..
fr) Mich. Vas.. Cat. d' Adm. de Fx.

APPENDIX. 73;

John Horn of that Ilk and Westerhall, as representing that family, bears the
paternal coat-armorial, and hath in some measure retrieved tlie breaches made by
his predecessors. For, in the late civil wars, John and Andrew Horn, his two
uncles, raised all they could for the service of King Charles II. their royal master,
whom they attended to Worcester, leaving nothing to James, their younger bro-
ther, his father,, then a child, save some small reversions, where John, who com-
manded a troop of horse, was killed, and Andrew obliged to flee to Sweden, where
he was kindly received, and advanced by Count Henry Horn, the then Swedish
general.

I here take occasion to rectify a former mistake, and do justice to the lairds of
Pitcaple, from which house the above gentleman is descended. For, in the former
Treatise (r), David Leslie, first Laud of Pitcaple, is said to have been a son of
Kincraigie's, whUe, as 1 find by undoubted proofs, and a charter before me, dated
the 5th day of March 1457, William Leslie of Balquhain, rniles, resigning in the
sovereign's hands the lands of Harlaw, Rasiuet, barony of Pitcaple, and others,
in favours of David Leslie, his eldest son of a second marriage, procreate betwixt
him and Euphame Lindsay, and that this lady was only child to W^illiam Lindsay
of Cairnie, second son to David first Earl of Crawford, who married Janet, daugh-
ter to King Robert II. and that the lairds of Balquhain got the said lands of
Cairnie by that marriage, of which the present lairds of Pitcaple are descended.

There are a great many honourable tamilies of this surname in England, and
other places, with some distinction, such as Horner, descended of the noble Cgr-
nujicii, Langhorn, a family distinguished for their loyalty in the late civil wars,
Coehorn the brave general, and famous engineer in the Revolution wars, with se-
veral others bearing the same arms with some mark of distinction.

To conclude, there are innumerable documents which do instruct the antiquity,
high alliances, noble and lineal descent, martial achievements, and great esteem
this House of Horn hath been always in, as far back as we have history, whereby
it may justly claim not only a place iathis book, but also among the most illustri-
ous families in Europe.

Horn of Westerhall does bear the paternal coat or, three hunting-horns ^uks;
above the shield a helmet, with a mantle gules, doubling argent, and on a wreath
of his colours is set, for his crest, two horns conjoined parti per fesse, or and sable,
counter-charged ; and, on an escrol, above this motto, Moneo l^ munio.

SOMERVILLE Lord SOMERVILLE..

THE first of this noble and very ancient family was Sir Gualtier de So.mer-
viLLE, who came into England with William the Conqueror, and, as a reward for
his great merit and services, obtained from that victorious duke the lordship of
Whichenovre, in the county of Stafford, where his descendants long continued in
great splendour.

William de Somerville, a. younger son of the Lord of Whichenovre, went into
Scotland about the year 1130, in the reign of King David I. with whom he be-
came in great favom", as appears by his being a frequent witness to the religious
grants made by that prince; particularly we find him, with other nobles of that
court, a witness to the foundation of the abbacy of Melrose, anno 1136. He ob-
tained from King David the lands and barony of Carnwath, in the county of
Lanark ; and afterwards, for his eminent services to Malcolm IV. his successor, he
got the barony of Linton in Tweeddale.

This William was succeeded by another WiUiam, who was much in the favour
of King William the Lion; and, at the marriage of Alexander U. was one of the
nobles appointed by that king to exercise in a tournament at the castle of Rox-

VO.U. ''',E-

74 APPENDIX.

burgh. He married Margaret, daughter of Walter de Newbiggin Lord of Dunsyre,
by whom he had

William his son and heir, the third of that name, whom we find a great fa-
vourite of Alexander III. and was by that prince knighted ; for in a grant of the
church of VViilston to the Episcopal See of Glasgow, anno 1293, he is designed
Dominus Gulielmus de Somerville, miles. He was succeeded by his son

Sir Walter de Somekville, who fought bravely in defence of his country in
favour of King Robert I. by whom he was taken into a great degree of confidence.
He married Giles, the only daughter of Sir John Herring, and with her he had the
barony of Gilmerton, in which are the lands of Drum and Goodtrees. He was
succeeded by his son

Sir Thomas de Somerville, who was no less faithful to King David Bruce than
his father had been to King Robert, having attended that prince at the battle of
Durham. He was afterwards sent into England to treat of the king's ransom; and,
amongst other nobles of the kingdom, we find Sir Thomas de Somerville one of the
hostages for his prince, anno 1337. He married Ehzabeth, daughter of Sir James
Douglas of Loudon, paternal ancestor to the present Eaii of Morton, by whom he
had

Sir William Somerville, who was much in favour with King Robert II. He
married Katharine, daughter and co-heir of the Lord Maxwell, in the county of
Stirling, by whom he had

Sir Thomas Somerville, his heir, (and William, of whom the Somervilles of
Cambdo and Nevvbigging are descended.) Sir Thomas was one of the hostages
for the ransom of King James I. from his captivity in England. He married
Janet, daughter of Alexander Stewart Lord Darnly, ancestor of the Earls of Len-
nox, and from whom King James VI. by his father, is descended ; with her he
had the lands of Cambusnethan, in the county of Lanark, which was afterwards
given away in patrimony to a younger son (of whom the Somervilles of Corehouse
are descended.) He was succeeded by

Sir William his son, first Lord Somerville and Baron of Carnwath, so created by
King James II. anno 1452. This Lord married Janet, daughter of Sir John Mowat
of Stonehouse, by whom he had John, his successor, and William, of whom came
the Somervilles of Plain ; as also two daughters, Janet, married to Ralph Weir of
Blackwood, and Mary, to William Cleveland of that Ilk. This lord died anno
1456, and was succeeded by his son

John Lord Somerville, who married Helen Hepburn, daughter of Adam Lord
Hailes, and sister to the first Earl of Bothwell, by whom he had William, his heir,
and Elizabeth, married to Archibald Campbell, eldest son of the first Lord of
Campbell, ancestor to the present Duke of Argyle.

William Lord Somerville married Marjory, daughter of Hugh Lord Montgo-
mery, afterwards Earl of Eglinton, and had issue

Hugh Lord Somerville, a great favourite with King James V. that prince
having frequently honoured him with his presence at his lordship's seat at Cow-
thally. This noble lord made a considerable figure in this king's reign, having
attended his majesty in the unfortunate expedition to Solway, anno 1542, where
his lordship was taken prisoner. He was eminently concerned in all the public
transactions during the minority of Queen Mary : But having, when prisoner iu
England, contracted a friendship with King Henry VIII. he was a great enemy to
the French interest, and was for uniting the two kingdoms. He married first
Anne daughter of James Earl of Arran, ancestor to his Grace the present Duke of
Hamilton ; but by this lady had no issue. His second wife was Janet, daughter of
Sir William Maitland of Lethington, ancestor to the present Earl of Lauderdale, by
whom he had

James, his successor, and Hugh (of whom are descended the Somervilles of
Spittle); also three daughters, Janet, married to Sir Charles Murray of Cockpool,
from whom descended John Murray of Lochmaben, first Viscount of Annan, and
afterwards Earl of Annandale; Marjory, the second, to James Tweedie of Drjmel-
zier, an ancient family in the county of Tweeddale : Margaret, the third daughter,
was married to Sir John Carmichael of that Ilk, Captain of his Majesty's Guards,
ancestor to the present Earl of Hyndford.
a

APPENDIX. 75

James Lord Somejiville, together with the Earl of Athol, and the Lord Borth-
wick, made the strongest opposition to the Reformation, when it was debated in.
Parliament anno 1560. This lord married Agnes, daughter of Sir James Hamilton
of Finart, first Baron of Evandale, by whom he had Hugh, his successor, and
one daughter, married to Sir Alexander Jardine of Applegirth.

Hugh Lord So.merville was a man ot great parts, and long of the Privy Council
to King James VL He married Eleanor, daughter of George Lord Seaton, an-
cestor to the Earls of Winton, by whom he had four sons; William, master of
Somerville, a young nobleman of great hopes, who was unfortunately shot by his
second brother John, who likewise died in his father's lifetime; Gilbert, the third
son, became his father's successor, and Hugh, the fourth son, had for his patrimony
the lands of Drum, Gilmerton and Goodtrees, by whom the male line of this noble
family has since been preserved.

Gilbert Lord So.merville being a very weak man, and greatly imposed upon,
consumed his whole estate, v^hich was very considerable, and dying, anno 1618,.
without issue, the honours came to his brother Hugh Somerville of Drum : But as
he had not the estate which formerly belonged to this noble family, he deferred
taking the title of Lord Somerville; and thus this ancient title lay dormant for
the space of 104 years, being from 1618 to 1722, when James Sqmerville of Drum,
the fifth in a dnect succession from the above-mentioned Hugh, twenty-fifth in a
lineal male descent from Sir Gualtier, who came first into England with AVilliam
theConqueror, and the fourteenth Lord Somerville, claimed thisancienttitle ; and by
application to his Majesty and the House of Lords of Great Britain, has had the
same confirmed as his undoubted right, and by order of Parliament is now restored
to the ancient rank of his noble ancestors. His Lordship, in 1724 ,married Anne,
the only daughter of Henry Baynton, of the county of Wilts, Esq. by Lady Anne,,
eldest daughter and co-heir of Wilmot Earl of Rochester.

STEWART OF ARDVOR.LICH.

THE family of Baldorran, which is now represented by Robert Stewart of
Ardvorlich, Esq. is lineally descended from James More, (so called, in the Irish
language from the tallness of his stature) one of the younger sons of Murdoch
Duke of Albany, who was Governor of Scotland dunng the minority of King
James I. Which James, upon the tragical death of his father Duke Murdoch, and
the unhappy disaster of his two elder brothers, Walter and Alexander, (who were
all of them beheaded at Stirling in May 1425) thought fit to retire to Ireland,
where he continued all his Hfetime. He left behind him several sons, amongst
whom were, first, Andrew, his eldest, who was, by King'James II. created Lord
Evandale in the year 1459, ^^^ afterwards, by King James III. Chancellor of
S.otla.id, anno 1461; second, Walter Stewart of Morphy, whose son, Alexander,
succeeded his uncle, Andrew Lord Evandale, in his estate and honours; third,
Arthur; fourth, James Stewart of Baldorran ; of which last, who, from the small-
n-^ss of his stature, is commonly called James Beg, /. e. Little James, is lineally
descended the family of Ardvorlich, as is plain from the following deduction.

I. The first mention I have found of the foresaid J.ames Beg Stewart is
in a charter granted by Isabel Dutchess of Albany, and Countess of Lennox,
relict of the above Duke Murdoch, of a certain tenement of land in Drymen
of Lennox, dated in the year 1443 ; in which charter he is designed by the
said dutchess Nepote nostra. Afterwards, in anno 1464, he obtained, by the
grant of his cousin, John Stewart Lord Darnly, the lands of Baldorran, lying
withm the earldom of Lennox, and shire of Stirling; as is evident from a charter
still extant in the pubhc records, whereby Johannes Stewart Dominiis de Dernle,

gives, " Dilecto consanguineo suo Jacobo Stewart de Albania &.c. totara

" &• integram mediara partem orientalem omnium terrarum mearum de Baldorran,

'l6 APPENDIX.

" cum pertinentiis, jacent. in comitatu de Levenax, infra vicecomitatum de Stri-
" velyn. — Datum apud Strivelyn septimo die mensis Januarii, anno Domini 1464,
" his tcstibus, Andrea domino Avandale cancellario Scotioe, magistro Georgio de
" Abernethy, pra:posito ecclesiic collegiatae de Dumbeitane, — Murdaco Stewart
" milite, — Matthseo Stewart de Cassiltoune, Johanne Maxwell de Nether- Pollock,—
" magistro Andrea de Monteith, cum multis aiiis." This charter is confirmed by
King James 111. January 12th 1464. I'lde Chart. 51. Lihri 7. Arch. pub. The
above James Stewart of Baldorran married Annabella Buchanan, daughter to
Patrick Buchanan of that Ilk, as evinceth a charter in his and the said Anna-
bella's favours, upon his own resignation, of the lands of Duchlash, " jacentes in
" comitatu de Levenax, infra vicecomitatum de Dumbertane." This charter,
which is granted by King James III. is dated also in the year 1464. l^ide Chart.
54. Lib. 7 Arch. pub.

II. William Stewart of Baldorran, son to the said James Beg, married Mariota
Campbell, daughter to Colin Campbell of Glenorchy, ancestor to the Earl of
Breadalbane; as evidently appears by a charter in both their favours, granted by
Kobert Mcnzies of Comrie, " De terris de Emyr-crechane, &■ Crostynterray jacent.
" in comitatu de Strathern, infra vicecomitatum de Perth, dilectis nostris Williel-
" mo Stewart de Baldorran, pro toto tempore vitae suae, &- post ejus decessum Ma-
" riotas Campbell, filiae Colini Campbell de Glenurquhay, pro toto tempore vitas
" suae, &. post ejus decessum Waltero Stewart, filio dictorum Willielmi &. Mariotae,
" &• hasredibus suis, &c. — Datum apud Loch-tay, fto Octobris 1498. — Coram his
" testibus Duncano Campbell de Glenurquhay, Johanne Campbell de Achreach,"
&.C. This charter is confirmed by King James IV. October 25. 1498. Fide Lib.
13. Chart. 358. Arch. pub.

III. Walter Stewart of Baldorran, son to the above William, and Mariota
Campbell, Glenorchy's daughter, succeeded his father in the lands of Baldorran.
He obtained from King James IV. a charter of confirmation, whereby the king
gives him " Totas & integras quinque mercatas antiqui extentus terrarum de
" Duchlash, jacent. in dominio de Rosneath, infra vicecomitatum nostrum de Dum-
" bartane.— Datum apud Falkland, Septemb. 14. 1500." Fide Lib. 13. Chart, 370.
Arch. pub. This Walter Stewart sold the lands of Baldorran to William Livmg-
ston of Kilsyth, ancestor to the Viscount of Kilsyth, about the year 1524, and
afterwards purchased from one Janet Oquhanan a wadset-right she had upon some
of the lands of Strathyre, in the shire of Perth, as appears by a charter in his fa-
vours of the said lands, dated anno 1528. He married daughter

to by whom he had Walter his successor, ancestor to the family of

Ardvorlich; as also two younger sons, who are commonly reckoned predecessors to
the families of Gartnafuaro and Glenbuckie.

Now, although of late both these families last mentioned have controverted the
above account, with respect to the primogeniture of the three brothers, each pre-
tending his own predecessor was the eldest, and consequently the true representer
of the Stewarts of Baldorran ; yet it seems to be pretty clear that the family of
Ardvorlich has the bdst title to it, as will evidently appear from the following
reasons.

xmo. By the constant and inviolable tradition of the whole country, the family
of Ardvorlich has been always acknowledged as the posterity of the eldest of the
three brothers; to confirm which, it is asserted that the said James Beg, the com-
mon ancestor to the above three families, having, in his travels abroad, purchased
and brought home with him two famous medicinal stones, which were very much
esteemed, and looked upon as a sovereign remedy for several distempers incident
to mankind, as also very necessary for curing most diseases in cattle; to which use
they are still applied with very good success : Now these stones, because of their
rare medicinal virtues, are, by uncontroverted tradition, said to have been the inse-
parable badges of primogeniture in the family of Baldorran, and to have been
lineally transmitted from father to son, m a direct male line, from the said James
Beg to the present Ardvorlich, in whose possession one of them still continues, the
other being given away, as an extraordinary present, by Alexander, one of his pre-
decessors, to one of the Earls of Murray.

APPENDIX. 77

•zdo. The almost universal consent of the cadets, not only of the family of Ard-
vorlich itself, but also of several of the cadets of the families of Gartnafuaro and
Glenbuckie, who have on several occasions acknowledged Ardvorlich to be the true
representer of James Beg.

3//0, It has been always a custom in the Highlands for the heads of families, and
no other but these, to have a patronymical designation, taken either from the name
of the lirst founder of the family, or of the most remarkable person amongst the
predecessors of the family: Thus the Duke of Argyle is called in the Irish lan-
guage Mac-Cnilain-More, i. e. the son of Colin the Great, as being lineally de-
scended from Sir Colin Campbell of Lochow, who was a fomous man in the reign
of King Alexander 111. The Earl of Breadalbane is called Mac-Cullain-vic-
Dhonochie, i. e. the son of Colin the son of Duncan ; because he represents .Sir
Colin Campbell first Laird of Glcnorchy, who was son to Duncan first Lord Camp-
bell : So Ardvorlich is always called Mac-vic-Vaultii\ i. e. the grandson of Wal-
ter; because he is the true representer of Walter Stewart of Baldorran, grandson
to James Beg, who was the first of the family that settled in the shire of Perth.

4.'o, It is also a very usual custom in the Highlands for the heads of families to
be distinguished from the cadets, by a denomination taken from the place of re-
sidence of some of their ancestors; and it being acknowledged by all the three
families above mentioned, that the usual residence of the Stewarts of Baldorran,
for some time, was in a small island of Lochvennacher in Strathgartney ; which
makes it very probable, that this is the reason why the family of Ardvorlich, as now
representing Stewart of Baldorran, has ever since been called in the Irish language
Sliochd-ty-an-oileaii, i. e. the Offspring of the House of the Island. But to return,

IV Walter Stewart above-mentioned, who sold the lands of Baldorran in

1524, was succeeded by his son called also Walter, who married

daughter to by whom he had

V. Alexander Stewart of Ardvorlich his successor, who married

Drummond, daughter to David Drummond of Drummond-Erinach; and had by
her,

VI. James Stewart of Ardvorlich, his successor, who was first made Captain of
one of the Independent Companies, for suppressing of theft in the Highlands, in anno
1642, and afterwards Major to the Marquis of Argyle's Regiment of Foot ; as ap-
pears by his commission, dated October 24th 1648. He marrried Barbara, daugh-
ter to Robert Murray of Buchanty, a cadet of the family of Abercairny ; by whom
he had,

VII. Robert Stewart of Ardvorlich, who took to wife Jean, daughter to Da-
vid Drummond of Comrie ; and had by her, '

VIII. Jaimes Stewart of Ardvorlich, his successor, who married Elizabeth, only
child of the first marriage, to John Buchanan last Laird of Buchanan ; by whom
he had,

IX. Robert Stewart, now of Ardvorlich, his successor, &c.

From what is above said, it evidently appears that th.e present Robert Stewart
of Ardvorlich is not only the true representer of James Beg Stewart of Baldorran,
grandchild to Mi.i};doch Duke of Albany, but also heir of line to the old family of
Buchanan, as representing his grandfather John, last Laird of Buchanan, who was
twice married, first to Mrs Mary Erskine, daughter to the Lord Cardross, by whom
he had Elizabeth the present Ardvorlich's mother. He married to his second wife
one Mrs Jean Pringle, by whom he had only one daughter, Janet, married to
Henry Buchanan of Leny. As to that objection which is raised by some friends
of the family of Buchanan, that Ardvorlich's mother forfeited her right of succes-
sion, by marrying without consent of her father and other friends, it is answered,
that the Laird of Buchanan was not in Scotland when his daughter married Ard-
vorlich ; but as soon as he came home, he gave a declaration under his hand,
dated anno 1680, which is in the possession of the present Ardvorlich, wherein he
acknowledges, that his daughter Elizabeth, now married to James Stewart, fiar
of Ardvorlich, is competently matched and provided ; and he approves of the said
marriage to all intents and purposes that may follow thereupon. There is also
another paper in Ardvorlich's custody, wherein all the said lady's friends approve
of her marriage with Ardvorlich, amongst whom are the Earl of Marr, the Lord

Vol. II. 5 D

^■s APPENDIX.

Cardross, Sir Charles Erskine of Alva, Erskine of Dun, James Stewart of Rosy th,
Hutcheson of Scotston, Stc.

There are descended from the family of Ardvorlich the Stewarts of Annat, Bal-
lachallan, Craigton, Colonel James Stewart, who was Deputy-Governor of the
Castle of Edinburgh, &-c. as also several others in Monteith, Balquhidder, and
Strathgartney, all in the southern parts of Perthshire.

The arms of this family are, quarterly, first grand quarter counter-quartered,
first and fourth or, a lion rampant, within a double tressure, flowered and counter-
flowered with flower-de-luces ^u/es ; second o?; a fesse cheque, azure and ardent,
and in chief a moUet gi/Jes, for Stewart ; third argent, a saltier ingrailed, cantoned
with four roses, gules, for Lennox, all within a bordure ingrailed and gobonated,
azure and urgent ; second grand quarter or, a lion rampant, within a double tres-
sure, flowered and counter-flowered sable, for Buchanan of that Ilk ; third grand
quarter as the second, fourth as the first.

Crest, a dexter hand couped at the elbow, brandishing a broad-sword aloft, all.
proper. Motto, Deojuvante vinco.

CHANCELLOR of Shieldhill.

IT is presumed that the surname of Chancellor came from France, at the
Norman conquest, with the Somervilles ; to support which, a history in quarto^
printed at London in 1710, written in Latin by Degory Wheare, Camden Reader
in the University of Oxford, and Englished by Edmund Bohun, with a preftce by
Mr DodwelL, in page 206, which mentions one Gualterus Cancellarius a French
liistorian, to have travelled in Palestine and Antioch ; and, after his return to
France, to have writ bis h-istory in anno 1124, by which it appears that the sur-
name of Chancellor is ancient in France, where there is of that surname at this
present time.

It is generally acknowledged that the Chancellors of Shieldhill are an ancient
familv, and chief of their surname in Scotland ; and though what is above said
may be sufficient to instruct the antiquity of the surname, yet, for further evi-
dence, the history of the Lord Somerville's fiimily, written many years ago by the
deceased James Somerville of Drum, who was heir and representative of that an-
cient and noble family of Lord Somerville, and great grandfather to the present
Lord Somerville, mentions that there was a firm friendship betwixt the house of
Lord Somerville and Chancellor of Shieldhill and Qiiodquan, as early as the time
of King Robert Bruce, in the year 1317.

By the carelessness and trouble of former times, the oldest writing in the custo-
dy of the present John Chancellor of Shieldhill is a charter in common, form,,
granted by Thomas Somerville de Carnwath, to George Chancellor of Quodquan,
upon the said George's resignation, to be held of the said Lord Somerville, as freely
and honourably as any of his predecessors held tlie same of him or his Lordship's
predecessors, dated 6th March 1434. But this being no original charter, and the
lands immemorially their own, it is a good document of the antiquity of the family...

The above George was succeeded by Alexander his son and heir, designed of
Qiiodquan. He added to his former estate several lands, of which there is a char-
ter from John Lord Somerville, anno 1460.

George, son and heir to the above Alexander, resigned his lands into the hands
of his superior Lord Somerville for new infeftment, who granted charter, dated.
antio i^yi, wherein he is designed, " Nobilis vir Georgius Chanceler dominus de
" Qiiodquan." He had by his wife, a daughter of Ramsay of Dalhousie, an only
son and heir William.

The said William's sasine, in favour of himself and his wife Janet Geddes,,
daughter of Geddes of Rachan and Kirkurd, an old family in Tweeddale, is re-
gistrate zzd November 1477. He was succeeded by his son John.

APPENDIX. 79

The said John is infeft by charter from John Lord Somerville, dated nth April
1493. He had by his wife Mary Douglas his son Robert.

The said Robert, and his wife Elizabeth Brown, daughter of Coalston, an old
family in East Lothian, are infeft by charter from Hugh Lord Somerville. The
sasine is dated May 1529.

William, son and heir to the last Robert, is infeft on 28th March 1533. He
was designed of Shieldhill, Qiiodquan, and Cormiston. He had by his wife Mar-
garet Hamilton, daughter of Dalserf, a son William.

The said William's sasine, upon charter from Hugh Lord Somerville, is dated
17th March 1546. He obtained decreet before the Lords in anno 1566, against
Denholm of Westbhield, and Inglis of Eastshield, for non-entry duties, they being
both his vassals, and continue so. He had by Agnes, daughter of Sir John Hamil-
ton of Crawfordjohn, Baron of Evandale, and sister of Sir James Hamilton of
Libberton, a son Robert.

The said Robert is infeft by sasine, dated 14th May 1583. He took the title
only of Shieldhill. He had by Agnes, daughter of Symington of that Ilk, an an-
cient family on Clyde, a son John.

The said John's sasine is dated 1605. He had by Katharine, daughter of Gavin
Hamilton of Raploch, and of Jean his wife, daughter and one of the co-heirs of
Sir Thomas Dishington of Ardross, a son Robert.

The said Robert's sasine is dated 1642. He signalized himself in loyalty to
King Charles I. and U. and lived to see the happy Restoration in 1660. He had
by Jean his wife, daughter of Sir James Lockhart of Lee, and Jean Auchinleck,
daughter of 'Sir George Auchinleck of Balmanno, a son James.

James Chancellor, son to the said Robert, his charter and sasine are dated May
and June 1664. He deceased in March 1704, and all his children by three mar-
riages, viz. with Roberton of Earnock, Craig of Riccarton, and Livingston of Salt-
coats deceasing, he was succeeded by his brother John.

John, brother and heir to the above said James, now possesses the estate with
some more purchased by him, and is infeft anno 1707 ; part of the said estate hold-
ing of the crown blench, and part of it of George Lockhart of Carnwath blench.
He was first married to Isabel Johnstone, daughter to Sir James Johnstone of Wester-
hall ; and next married to Jean Forbes, daughter to Sir John Forbes of Waterton,.
and Dame Jean Gordon, sister to the deceased George Earl of Aberdeen. He is
now married to Jean Agnew, daughter to Sir James Agnew of Lochnaw, Baronet,
and Lady Mary, sister to the present Alexander Earl of Eglinton, by whom he
has children, whereof Alexander is his eldest son and apparent heir.

Chancellor of Shieldhill carries or, a lion rampant sable, armed and langued,
gules, on a chief azure, three moUets, alias stars of the first ; crest, an eagle dis-
played sable : motto, ^eje surmonte.

IVIACFARLANE of Kirkton.

THE ancestor of this family was George Macfarlanf. of Markmch, second sor.
to Andrew Macfarlane of that Ilk, in the reign of King James V. Which Georgf:
having sold the foresaid lands of Markinch, went afterwards and settled in the
north Highlands, amongst his namesakes the Macfarlanes, who are very numerous
in that country, and promiscuously designed in the Irish language, M' Allans,
Allarrich, or Clan- Allan, i. e. the posterity of Allan, because of their descent from
Allan Macfarlane, younger son to one of the Lairds of Macfarlane, who settled
it Strathdown in Aberdeenshire, several centuries ago. From him are descended
the families of Auchorrachan, Balnengown, Lismurdie, &-c. as also several others
in Braemar, Strathspey, gtc some of which Allaniches have of late begun to call
themselves Stewarts, grounding the change of their name upon a very false and
mistaken notion, viz. that the old Earls of Lennox were of the surname of Stewart,
when the Laird of Macfarlane's predecessor came off them ; the contrary of which

So APPENDIX.

I have sufficiently demonsti'ated from uncontroverted documents, in my account
of the family of iVIacfarlane, in tliis Appendix : and besides it can easily be made
appear, that there never was an Earl of Lennox of the surname of Stewart, until
the year 1483, which is later than the descent of the said M' Allans from the fa
mily of Mactarlane. But to return, the said George Macfarlane's posterity con-
tinued in the north for several generations, until the time of Patrick Macfarlane,
the fourth descendant in a direct line from the said George, who, returnuig again
to the south, purchased the lands of Knkton, in Vkecomitatu de Strivelin, from
which lands his posterity have ever since been designed. He married Christian

Blair, daughter Blair, Commissary of Glasgow, who was younger

son to Blair of that Ilk, an ancient family in the shire of Ayr, by

whom he had James Macfarlane of Kirkton, his successor, and a daughter, Chris-
tian, married to Sir Hugh Wallace of Wolmet. Which James married Mary
Keith, daughter to John Keith, who was younger son to the Earl Marischal of
Scotland, by whom he had Hugh Macfarlane of Kirkton, his successor, who mar-
ried Elizabeth Doig, daughter, and at length sole heiress to Paul Doig of Ballin-
grew, a very ancient family in the shire of Perth, by whom he has, besides Wil-
liam Macfarlane his son and heir, a numerous issue both of sons and daughters.

The armorial bearing of the family of Kirkton is, quarterly, first and fourth
argent, a saltier wavey, cantoned with four xoits gules, as a cadet of Macfarlane of
that Ilk ; second and third, gules, a cheveron betwixt two cinquefoils in chief, and
a sword pale-ways, argent, hilted and pommelled, or, in base for Doig of Ballin-
grew ; crest, a demi-savage proper, holding in his dexter hand a sheaf of arrows,
and pointing with his sinister to an imperial crown, or. Motto, This I'll defend.
Vide Plate of Achievements.

ARBUTHNOT Viscount of Arbuthnot.

THE armorial bearing of this family is azure, a crescent betwixt three stars
argent, supported by two dragons, with their wings expanded, and tails nuved
vert, spouting out fire, proper ; crest, a peacock's head proper, beaked or : motto,
Laiis Deo.

This is a local surname taken from the lands of Arbuthnot, lying in the shire of
Merns or Kincardine ; it was anciently and originally written Aberbothenotb, but
now contracted Arbuthnot. There is a particular history of this family in M. S. inti-
tuled Originis is' incrementi Arbuthnoticce familice descriptio historica, ubi vera nobi-
Htatis ratio 13 series succincte ac explicate pertractatur, written in a pretty good
Latin stile by the famous Mr Alexander Arbuthnot, who was Principal of the
King's College at Aberdeen, about the time of the Reformation. The learned
author himself was a grandchild of the family, as will appear hereafter, but not
an immediate son, as (a) Dr Mackenzie affirms. His History of the Arbuthnots
has been since continued to the time of King Charles I. by Mr Alexander Ar-
buthnot, some time Parson of Arbuthnot. There are also a great many valuable
original documents relating to the antiquity of this family, in the hands of the
present Viscount of Arbuthnot ; which, together with several collections gathered
out of our public archives, ancient (5) chartularies, and national historians, both
in print and manuscript, &tc. are the materials out of which the following account
is composed.

I. The first of this surname that I have found on record is Hugo de Aber-
BOTHENOTH, promiscuously designed in old writs Dominus and 2'hanus de Aberbothe-
noth, who was possessor of the lands of Arbuthnot about the year 1160: But
whether he ' acquired these lands by marrying the daughter of Osbertus Olifard,

(fl) Dr Mackenzie's Lives of Scots Writers, vol. iii. page l86' {b) Particularly the two chartularies
ef Aberbrothockj in the-Lawyers' IJbrary at Edinburgh.

APPENDIX. ai

Sheriff of the Merns, as Sir George Mackenzie says (c), or by conquest, or other-
wise, cannot, at this distance of time, be so easily determined. What is most cer-
tain, is, that he had a long contest with the Bishop of St Andrews, concerning the
property of the Kirkton of Arbuthnot, which was not determined until the time
of his son Duncan ; of which more hereafter. 1 find also at this time several
famous men of the surname of Arbuthnot, particularly one Richardus de Abfi-
buth/iot, Clcricvs Regis, who is so designed in a charter of exemption granted by
John Abbot of K.elso to Reginald, then elected to be Abbot of Aberbrothock, freeing
him from his obedience and subjection to the abbot of Kelso, (fi) dated in the
year 1178.

II. DuNGANus DE Aberbothenoth, soh and successor to the said Hugo, con-
tinued the foresaid contest with the Bishop of St Andrews, concerning the pro-
perty of the Kirkton of Arbuthnot ; which was at last finally determined against
iiim by an assembly of ecclesiastics holden at Perth in the year 1206, as evidently
appears by the original sentence of that synod, which is still extant, and in the
possession of the (f) family of Arbuthnot. The sentence itself being somewhat
curious, and withal not very long, I shall here subjoin verbatim from the originals
whereby it will appear that neither the stile nor method of procedure of those
times was so barbarous as some people, now a-days, are apt to imagine.

" Patricius de Durofermeyln, et Henricus de Aberbroth, et Reimbaldus de
" Scone, et Guuido de Lundores Abbates ; et Thomas de Sancto Andrea, et
" Johannes de May, et Berengarius de Restinoth Priores ; et Ranulfus Archidia-
" conus de Sancto Andrea, et decani et clerici qui interfuerunt sinodo apud Pert
" tertio idus Apiilis, anno ab incarnatione Domini, mccvi. Omnibus has literas
" visuris vel audituris, eternam in Domino salutem. Noverit universitas vestra,
" quod causa que vertebatur inter Willielmum bone memorie episcopum Sancti
" Andree, ex una parte, et Duncanum de Aberbuthenoth ex alia parte, super terra
" de Aberbuthenoth, que appellatur Kirketun, quam idem episcopus ad ecclesiani
" Sancti Andree, de jure spectare dicebat, qua etiam predictus Duncanus eandem
" ecclesiam, pretermisso juris ordine spoliavit, ut asserebat : Finem legittimum in
" hunc modum auctoritate sinodi generalis est sortita : Sciz. Quod audita propo-
" sitione juris quod idem episcopus, in predicta terra se habere dicebat, audita
" etiam contradictione partis adverse, per testes omni exceptione majores, veritate
" plenius inquisita et cognita, communi assensu omnium qui intererant sinodo def-
" finitivam sententiam promulgavimus, tam possessionem quam proprietatem ejus-
" dem terre, et hominum qui in ea manserint, ecclesie Sancti Andree, et eidem
" Willielmo episcopo adjudicantes, et prefato Duncano, et successoribus suis, per-
" petuum silentium imponentes : Et ut processus negocii plenius possit inno-
" tescere, attestationes quarum auctoritate predictam sententiam protulimus
" inferius scribi dignum ducimus. Sunt autem hx attestationes. Johannes de

" Hastinkes juratus dicit, &c." The depositions of the witnesses being too

long to be here inserted, I shall not trouble the reader with them at present, but
only take notice, that through the injury of time there remains only one seal en-
tire {i. e. that of the chapter of St Andrews) of eight, which by as many tags
or labels still remaining appear to have been appended to it.

III. Hugo de Aberbothenoth, the second of that name, and third Laird of Ar-
buthnot succeeded his father Duncan. I find him witness together with his father,
who is tliere designed Dominus Duncanus de Aberbothenoth, to a charter, whereby
Robertus filius Waniebaldi 13 Richenda sponsa sua gives to the monastery of Aber-
brothock, totum feodum (/) nostrum in parochia de Fordunjn Meornis,sciz. duas Tu-

bertathas, ^ Glenferkerin, 13 Kynkel, 13 Cuibac, &<.c. He married

daughter to by whom he had

IV. Hugo de Aberbothenoth, the third of that name, who in old charters is
commonly designed Hugo Blundus, or Hugo le Blond Dominus de Aberbotheiwth ;
which epithet of Zr Blond was given him from the flaxen colour of his hair. This
Hugh was a liberal benefactor to the clergy, for he gave, in anno 1282, to the

(f ) Sir George Mackenzie's Baronage of Scotland, MS. (//) Smaller chartulary of Aberbrothock in
the Lawyers' Library, charta 2. fol. verso 35. (e) Original decreet of Perth, anno 1206, in the Vis-
count of Arbuthnot's charter-chest. (/) Chartulary of Aberbrothock.

Vol. II. 5 E

S2 APPENDIX.

monks of Aberbrothock, " in puram et perpetuam elemosinam, unam bovatam
" teiTX, in qua sita est ecclesia de Garvoch, cum jure patronatus ejusdem ecclesie,
" et cum communi pastura, ad centum oves, quatuor equos, decern boves, vigmti

" vaccas, et unum taurum, &.c. Datum apud Aberbroth, quarto nonas

" August! (^) anno Domini millesimo, ducentesimOi octogesimo secundo. Testi-

" bus, Johanne de Montios clerico Domino Adam vicario de Monyfuth

" Fergus avunculo meo Thoma de Kinnarde Malisio de Eduyn, Hu-

" gone Eeme, et multis aliis." The original donation (which I have seen) is still
in the hands of his successor the Viscount of Arbuthnot, to which the said Hugo's
seal is appended, and very entire to this day, having thereon a crescent and a star,

which, with a very little variation, is still the arms of the family. This

Hugh died about the end of the thirteenth century, and was buried amongst his
ancestors in the burial-place of the family at the church of Arbuthnot, where his
statue is still to be seen cut in stone, at the full length, in a lying posture, to-
gether with his own and his lady's arms, which are three cheverons, of whose
quality and parentage, although the history of the family be altogether silent, yet,
from the identity of the arms, it seems very probable that she was a daughter, os
at least a very near relation, of the great and ancient family of the Morvilles, who
were constables of Scotland for several generations, and who bore precisely the
same arms, as appears by several charters still extant (A), to which their seals are
appended.

V. DuNCANus DE Aberbothenoth, the second of that name, and fifth Laird of
Arbuthnot, succeeded his father Hugh le Blond. He died at his mansion-house of

Arbuthnot, December 13th, anno 1314, (;') leaving -ssue by his wife,

daughter to a son of the same name.

VI. DuNCANUs DE Aberbothenoth, Dominus de Aberbothenoth, who having (JC)
survived his father but a short time, was succeeded by his son

VII. Hugo de Aberbuthnott, the fourth of that name, and seventh Laird of
Arbuthnot, who lived about the beginning of the reign of King David II. Of
him there is little to be found on record (/) only that he was father to

VIII. Philippus de Aberbuthnott, Darninus ejusdem, who imitated the piety of
his ancestors, in his liberality to the church and clergy ; for he gave in pure
alms " fratribus Carmel. burgi de Aberdeen," as the charter itself, (?;/) yet extant,
expressly bears, " pro salute animoe meas, parentum et amicorum meorum, unum
" annuum redditum tredecim solidorum et quatuor denariorum sterlingorum, an-
" nuatim provenientem de tota et Integra terra mea de Aberbuthnot, ad. emenda-
" tionem fabricae ecclesiae fratrum praedictorum, &-c. Datum apud Aberdeen,
" 25 die mensis Aprilis, anno Domini 1355." This is afterwards confirmed by
King David II. " apud Aberdeen, 17 die mensis Augusti, anno regni nostri tri-

" cesimo septimo," (/. f.) anno 1366 («). He married first Keith,

daughter to Sir William Keith, Lord Marischal of Scotland (0), by whom he had
no male issue : And after her decease he married Margaret, daughter to Sir James
Douglas of Dalkeith (p), ancestor to the Earl of IMorton, by Agnes Dunbar his
wife, daughter to the Earl of March (y) ; by her he had Hugh his successor, and
a daughter, Margaret, married to (r) Sir William Monypenny, who was afterwards
Lord Monypenny.

IX. Hugh Arbuthnot of that Ilk, the fifth of that name, succeeded his father.
Philip. Sir George Mackenzie, in his Genealogical Collections, says (j), that he

had seen a certificate under the hand and seal of Johnston, Steward

of Fife, dated at Falkland, September i. 142 1, whereby it appears that Hugh
Arbuthnot of that Ilk, with several other gentlemen in the shire of Merns, who,
upon great provocation given them, had been accessory to the slaughter of John
i\Ielville of Glenbervie, having laid claim to the privileges of Clan-Macduff, were

(^) Larger chartulary 'of Aberbrothock in the Lawyers' library, folio, verso 7. etiam charta originalis
penes vicecomitem de Arbuthnot. (A) Charta penes Mathaium Smclar de Hermistoun. \J) Orig.
& Increm. Familise Arbuthnoticae, &c. (f) Ibidem. (/) Ibidem. (m) In Bib. Col. Mariscal.
AbredoniiE. (n) Charta 161 codicis Davidls II. in publicis arcbivis. (0) Orig. & Increment. Fami-
liffi Arbuthnot. MS. {p) Charta penes Comitem de Morton ad annum 1372. (y) Crawfurd's Peer-
age, page 350. (r) Orig. & Increment. FamiliK Arthbutnoticse, MS. (s) Sir George Mackenzie's
Baronage of Scotland, MS.

I

APPENDIX. 83

assoilzied from the said slaughter, as being within the ninth degree of kin to
Macduff Earl of Fife. He married Margaret, daughter to Sir Robert Keith, an-
cestor to the Earl Marischal (t), by whom he had Robert his successor, and also a
daughter, Margaret, married to Andrew Menzies, Provost of Aberdeen («), ances-
tor to the family of Pitfoddels ; and, having lived to a very great age, he at last
made his exit out of this world in the year 1446 (.v), being succeeded by his
son,

X. Robert Arbuthnot of that Ilk, who, during the lifetime of his father,^ mar-
ried Giles, daughter to Sir Walter Ogilvie of Lintrathan (a) Lord High Treasurer
of Scotland, ancestor to the Earl of Airly, by whom he had, first, David, his suc-
cessor (b); second, Hugh Arbuthnot of Balmaquin and Bryklie (t-), of which
estate he became possessed by marrying Janet Balmaquin, heiress thereof; third,
Robert Arbuthnot of Banff; fourth, Alexander, who died without issue ; fifth,
James ; sixth, William Arbuthnot (rf) ; as also a daughter, Katharine, married to
John Allardice, at that time son and heir apparent to Thomas Allardice of that
Ilk (e). This Robert survived his father but four years, for I find he died in the
year 1450 (/), and was succeeded by his eldest son,

XI. David Arbuthnot of that Ilk, who was a person of great account in the
reign of King James II. and bore a considerable share in the transactions of those

times. He married Durham, daughter to Durham of

Grange (j^), a very ancient family in the shire of Forfar. By her he had two
sons, first, Robert his successor ; second, Hugh Arbuthnot, Doctor of Medicine,
who, being a person of very great skiU in his professon, was invited over to France,
where he married and settled, and where probably his posterity still continues (/j).

As also three daughters, first, Elizabeth, married to Barclay of Gartly,

an ancient family in Vlcec.omitatu de Aberdeen; second, Giles, married to

Fraser of Dores ; third. Christian, to Alexander Graham, tutor of Morphie (/).
He departed this mortal life in the year 1470 (^), and was succeeded by his son,

XII. Sir Robert Arbuthnot of that Ilk, who being a person of very great
loyalty and integrity, was highly in favour with his contemporary sovereigns King
James III. and IV. as evidently appears by several letters written to him, by both
these monarchs, some of which are still preserved aniong the archives of the fami-
ly : particularly one from King James III. dated at Edinburgh, January 3. the
23d year of his reign, which begins thus, "■ Weilbelovit frende we grete zow wele;,
" and forsamekle as we ar sikkerly informit yt certan persons, to grete nowmer,
" wer gadderit tresonably to haf iiwadit our person yis last Thurisday, &.c." And
a little after, the king desires him to come to his assistance, " As ze lufe ye welfar
" of owr persone, succession, realme, and liegis, and ze sal have special thank and
" rewarde of ws according to zour merit, &-c. (/)." There is also extant another
letter, directed to him by King James IV. the beginning of which is thus, " James^.
" be the grace of God, King of Scottis, to owr lovit Robert of Arbuthnott of that
" Ilk, greting ; forsamekle as we suppos ze knaw the grete tressoun and usurpa-
" tioun made agains ws and owre autorite, be Wilzame Erie Marchall, Alexander
" Master of Huntle, and Alexander Lord Forbess, &. thair compHces, in the mak-
" ing of certane ligs and bands at owr Castell of Dumbertane, Sf-c." And a little
below, the king injoins him, " surely and sikkerly ger obserue and kepe zour howsys
" and strenthis to zour behuf and owrs, and ze sal report singler thank and rewarde
" of ws yerfore, and be mantenyt be ws as owr thankfull and trew liege, Stc."
This is dated at " Strivelin the 22. day of September, and of owr regne the secund
" zeir." (ot) He was also a very prudent and frugal man, and added, by his indus-
try and good management, a great many lands to his old paternal inheritance, as
appears by a charter under, the Great Seal in his favours (n), " De terris de Portar-

(0 Orig. & Increment. FarniliaB Arbuthnotlcse, MS. (a) Skeen's Memorial of the Royal Burgh^
page 249. (v) OrifT. & Increment, (a) Charta in publicis Archivis. (AJ Orig. & Increment. Kami-
liae Arbathnoticae, iVIS. (c) Ibidem. (i/) Ibidem. (c) Charta penes Vicecomitem de Arbuthnott
ad annum 1459. (/) Orig. & Increment. MS. {g) Ibidem, where it is also said that she lived a m-
dow 18 years after her husband's decease, until the \ car 1488. (A) Ibidem. (/) Ibidem. (,f) Ibi-
dem. (/) Original Lnter by King JamesIII. directed,'" Dilecto & fideli suo Domino de Arbuthnott circa
annum 148^, pene' Vicecomitem de Arbuthnot." {rri) Original letter to the Laird of Arbuthnot in the year
1 490, by King James IV. penes Vicecomitem de Arbuthnot. (n) Charta 11 7. lib. 5. in publicis Archivis.

34 APPENDIX.

" toun, Orchartoun, & Halgreen, &-c. datum apud Edinb. penultimo die Februarit,
" A. D. 1487," as also by another charter granted in his favour by King James
IV. (0) of the lands of Arduthoquhy, Achinzoch, Grenecastle, Portarhakh, Por-
tarcroft, &c. dated at Edinburgh, October 20. 1488. He recovered also again the
barony of Fiddes (p), which had been alienate from his family upwards of 200
years. Neither seems he, amidst his temporal concerns, to have neglected his spi-
ritual welfare ; for the year before he died he founded a chaplainry at the church
of Arbuthnot, " Pro salute animae mese, at Mariotse Scrimgeour sponsae meae, nee
" non animarum patris mei et matris meae, &-c. uni capellano divina celebranti, et
" in perpetuum celebraturo, ad altare gloriosas Virginis Marina, juxta latus chori pa-
" rochialis Sancti Ternani Archipraesulis de Arbuthnott, Sancti Andreae diocesis, an-
" nuum redditum quatuordecim mercarum sex solidorum et octo denariorum usuahs
" monetae regni Scotia;, de omnibus et singulis terris de Halgreen, Innerbervy, Por-
" tartoun, et Orchartoun, et croftis de Auchcarny, una cum mansione,horto et crofto
" terrae situatae prope capellam Sancti Ternani, pro residencia et habitatione dicti

" capellani et successorum suorum pro perpetuo in futurum, &c. Apud Arbuth-

" nott, 30. die Mail, A. D. 1505, coram his testibus, Willielmo Frazer de Durris,
" Roberto Alerdas, Willielmo Arbuthnott, &.c." This mortification is confirmed
by King James IV. August 9. the same year (g). He married, first, Wish-
art, daughter to Sir James Wishart of Pitarrow, an ancient family in the Merns,
by whom he had only one son, Ambrose (r), who died in the flower of his youth.
He married, secondly (j-), Mariota Scrymgeour, daughter to Sir James Scrymgeour
of Dudhope, ancestor to the Earl of Dundee, by whom he had four sons, first, James,
his successor ; second, Mr Robert Arbuthnot ; third, George Arbuthnot, Esquire,
who died in France without issue; fourth, Andrew Arbuthnot of Futhes (t), who,
by Elizabeth his wife, daughter to Alexander Strachan of Thornton, had issue,
Robert his successor, and the learned Mr Alexander Arbuthnot, Principal of the
King's College at Aberdeen, author of the so frequently cited History of the fa-
mily of Arbuthnot, of whom our Reverend Church Historian Archbishop Spotis-
wood gives the following character (//), " That he was expert in all the sciences, a
" good poet, mathematician, philosopher, theologue, lawyer, and skilful in medi-
" cine ; so that in every subject he could promptly discourse, and to good purpose."
Robert Arbuthnot of that Ilk, had also, by the above lady, six daughters ; first,
Elizabeth, married to Thomas Fotheringham of Powrie; second, Katharine married

iirst to Auchinleck of that Ilk, and after his decease to Gilbert Turing

of Foveran ; third. Christian, married to Alexander Eraser of Dx)res ; fourth,
Giles, married to Robert Graham of Morphie (.v) ; fifth, Janet, married to Alexan-
der Falconer of Halkerton, ancestor to the Lord Halkerton; sixth, Mariota, to James
Bisset of Easter-K.inneff (j). He died in the year 1506, and was succeeded by his
son,

XIII. James Arbuthnot of that Ilk, who got a charter from King James IV.
dated at Edinburgh. January 29. a?ino 1506, de baronia, castro, et fortalitio de
Arbuthnott, ISc. {a). He married Jean Stewart, daughter to John Earl of Athol (b),
by Mary his wife, daughter to Colin Earl of Argyle, by whom he had two sons
and one daughter. First, Robert his successor; second, David Arbuthnot (r),
who, being a young brother, devoted himself to the service of the church, and
having taken on holy orders, he was made parson of Menmuir. He was after-
wards unfortunately slain at the fatal battle of Pinky, September 10. 1547 {d).
His daughter's name was Isabel, who married first Auchterlony of Kel-
ly, and afterwards Robert Maule of Panmure, ancestor to the Earl ot Panmure (f),

(0) Charta 15. lib. 12. Arch. pub. (/>) Orig. & Increment. Famillfe Arbuthnot, MS. (y) Charta iio.
lib. 1 4. in publicis Archivis ad annum 1 505. (r) Orig. & Increment. &c. (j-) Charta in publicis Archivis,
(/) Charta 334. lib. 21. in publicis Archivis facta Andrese Arbuthnott in Pitcarles, & Roberto Arbuth-
nott, ejus filio & hferedi apparenti, de omnibus & singulis terris, & villa de Littil Futhes, cum suis pcrtinen-
tiis jacent. in baronia de Stratoun, infra parochiam de Kinneff, apud Edinburgh, Maii 8. 1556. («) Spotis-
wood's Church History, lib. 6. page 335.. (x) Orig. & Increment. (_)-) Ibidem. (a) Charta 294.
lib. 14. in publicis Archivis. (i) Continuation of the History of the Family of Arbuthnot, MS.
(c) Charta 2^9. lib. 22. in publicis Archivis, ad annum 1542. (J) Continuation of Principal Arbuth-
not's History", MS. (f) Charta penes Comitem de Panmure, etiam Charta 604. lib. 13. in publicis Ar-
chivis facta per Thomam Maul, feodatorium baronia de Panmure, cum consensu & assensu charissimi pa-
tris sui Robert! Maule de Panmure, honorabili mulieri Isabella Arbuthnott prsefati patris sui sponss, dc
terris de Glaster & Skryne, anno 1551.

APPENDIX. 85.

anil had issue. This James Arbuthnot of that Ilk died in the flower of liis age
in the year 1521 (,A)i ^nd was succeeded by his son,

XIV. Robert Arbuthnot of that Ilk, the third of that name, who was a per-
son of great note in the reign of King James V. from whom he obtained a char-
ter, dated at Edinburgh, January 27. anno 1528 {g), whereby the king gives him,
" totam et integram nostram salmonum piscariam super le seashore, subtus villam
" de Innerbervy, inter le mouth aqurc de Innerbervy et locum de Halgreen, &.c."

He married, first, Erskine, daughter to Erskine of Dun {b),

an ancient family in Vicccomitatu de Forfar, by whom he had no surviving, issue.
After her decease he maiTied Lady Christian Keith (/), daughter to Robert Lord
Keith, (son and heir apparent to William Earl Marischal) by Beatrix his wife,
daughter to John Earl of Morton (^k) ; as evidently appears by a charter under
the Great Seal, in the Public Records, granted by King James V. " Dilectis nos-
" tris Roberto Arbuthnott de eodem, et Christiana; Keith sua; sponsae, de terris de
" Petquorthy et Caldcoats, &-c." dated at Strivelin, February 13th 1535 (/). By
this lady lie had four sons ; first, Andrew, his successor ; second, John Arbuthnot
of Mandynes ; third, Alexander Arbuthnot of Pitcarles (;/;) ; fourth, Robert Ar-
buthnot, who, being a younger brother, dedicated himself to the service of the
church, and, after spending some years in France, with great application to his stu-
dies, was, by his father, upon his ret^urn, presented to the parsonage of Arbuthnot,
which he enjoyed until his death (/z): as also several daughters; first, mar-
ried to Clephane of Carslogie, iti Vicecomitatii de Fife ;. second,. to

Straiten of Lauriston, in Plcecoviitatu de Kineardin; third, to Sym-

mer of Balyordie, an ancient family in the shire of Forfar; fourth, to

Strachan of Brigton (0). Robert Arbuthnot of that Ilk married to his third wife
Helen Clephane, daughter to George Clephane of Carslogie, a very ancient family in
the shire of Fife (/»), by whom he had, first, David Arbuthnot of Findowry ; second,
James Arbuthnot of Blackstone; third, Hugh Arbuthnot of Auchterforfar (y) ; as al-
so several daughters ; first, married to Mortimer of Cragievar, in

I'icecomitatu de Aberdeen ; second, married to Ogilvie of Balfour, in

Jlcecomitatu de Forfar (;) ; third, married to Ramsay of Barnyard's;

fourth, to Ogih'ie of Balnabeth (r). He himself died October

15th anno 1579 (/), and was interred amongst his ancestors in the burial-place of
the family at Arbuthnot, being succeeded in his estate by his son,

XV. Andrxw Arbuthnot of that Ilk, w ho, being a very frugal and industrious
gentleman, considerably augmented his old paternal inheritance, by several new
acquisitions; such as the baronies of Arrat, Pitforthie, &c. (u). There is a charter
in the public records, granted by Q^ieen Mary, " Dilecto et fideli suo Andrea
" Arbuthnott, filio et haei-edi apparent! Roberti Arbuthnott de eodem, de baronia
" de Arbuthnott, cum le mains, castro, et fortalitio de Arbuthnott, &c. una cum-.
" piscaria in aqua de Bervy, et piscariis in faucibus aqu?e de Innerbervy infra
" maris fluxum," &c. (.v) He married Elizabeth, daughter to Sir Robert Car-
negie of Kinnaird, who was ambassador from the crown of Scotland, to the court .
of England and France, and ancestor to the Earl of Southesfc, as appears by a
charter {a) in the public records, granted by Queen Mary, "■ Andreje Arbuthnott
" feodatario de eodem, et Elisabetha; Carnegy ejus conjugi, de terris de Fidde^,
" Collistoun, Mutelaw, &-c. datum September 24. anno 1553." By the above lady
he had three sons ; first. Sir Robert Arbuthnot of that Ilk, his sucessor; second,

James Arbuthnot of Arrat (Z>), who married Livingston, daughter

to Livingston of Dunipace, an ancient family in Vicecomitatu de Strive-

(/) Continuation of the History of the family of Arbuthnot, IVTS. {_g) Charta 202. lib. i8. in
publicis Archivis. (A) Continuation of Principal Arbuthnot's History, &c. (i) Charta in publicis Ar-
chtvis, ad annum 15,^;. (f) Ibidem ad an-ium 1506. (/) Charta 257. lib. 27. in publicis Archivis.
(m) Continuation of Principal Arbuthnot's History, &c. («) Ibidem. (0) Ibidem. (/>) Charta 4. lib.
32. in publicis Archivis, de terris de Auchtirforfar, facta dilecto nostro Roberto Arbuthnot de eodem, et
haeredibus suis masculis inter eum et Helenam Clepan sponsam suam legitime procreatis seu procreandis,.
quibus deficientibus Roberto Arbuthnot, filio dicti Roberti, Arbuthnot de eodem, &.c. datum apud Edinb.
7. Septembrls, A. I>. 1573. (?) Charta in publicis Archivis. (r) Continuation of Principal Arbuth-
not's History, (j-) liiidem. (;) Ibidem. (;/) Tliis appears from several charters in the public records,
(x) Charta 106. lib. 21. in publicis Archivis, data apud Perth, 26 die mensis Junii anno 1553. (a) Char-
ta 174. lib. ;i, in publicis Archivis. (A) Ciiartu in publicis Archivis.

Vol. II. ^ F

86 APPENDIX.

tin, by whom he had Sir Robert Arbuthnot of Arrat, who succeeded to the estate
of Arbuthnot upon his uncle's decease, and James, tutor of Arbuthnot; third,
Patrick Arbuthnot of Chapelton (c): As alio a daughter, Elizabeth, married to

Eraser of Dores (d). He died in a good advanced age, March 6. 1606,

and was succeeded by his son,

XVI. Sir Robert Arbuthnot of that Ilk, who, being a person of great talents,
both natural and acquired, was highly in favour with his sovereign King James VI.
who had aways a very great opinion of Sir Robert's parts and integrity, as will
evidently appear by the following letter, which is here subjoined, as I copied it
verbatim fiom the original (f), directed thus, " To our trusty and well-beloved the
" Laird of Arbuthnott." The tenor of it follows :

James R.

" Trusty and weill-beloved we greit you weiU. Whereas we have licensed the
" General Assembly of the Church of that Kingdome, to be kept the last Tuesday
" of July nixt, at our burgh of Linlithgow, as weill for composing of the present
" differences in the same, as for some order to be taken with this greit incress and
" growth of papists within that kingdome: To the effect therefore that all things
" maye be dewly ordered, and in decent form proceidit into : And knowing that
" your presence there maye doe much good, we are to desyre you earnestly nowaye
" to be absent from that assembly ; and by your councel and advice, to furder
^' the pacifying of all question that is presently in the church, and to assist such
" courses, that sail be proponed for suppressing of contraire professors. Wherein
" nowaye doubting, bot your oune zeale and affection to the treuth professed sail
" be motives sufficient, and ye sail also therewith gayne our special thanks, ac-
" cording as ye will learne more particularly from our right trustie cousing and
" councellor the Erie of Dunbar, whom we have sent with special creditt, as our
" commissioner to that meiting. And so we bid you farewel. From our Courte
" at Greenwich the 14. of Junii 1608."

He married Lady Mary Keith (/), daughter to William Lord Keith, (son and
heir apparent to William Earl MarischaL) by Elizabeth his wife, daughter to
George Earl of Errol (^), by whom he had no issue; so that upon his decease,
which happened in the year ^615, the estate of Arbuthnot devolved upon his ne-
phew,

XVII. Sir Robert Arbuthnot of that Ilk (A), eldest son to his brother James
Arbuthnot of Arrat, as is above mentioned. He being heir apparent to an old
family of an opulent fortune, was carefully educated by his uncle suitable to his
quality; for, after having gone through the course of his studies in his native
country, he was sent, for his further improvement, to visit France and other fo-
reign limgdoms, from whence, after some years abode, he returned with the cha-
racter of a very polite and well accomplished gentleman, and made a very con-
siderable figure amongst the barons in several of King James VI. and King
Charles I.'s Parliaments ; with both which monarchs he was so much in favour, that
it is very probable he would have raised his family considerably, had not an im-
mature death untimeously snatched him away in the flower of his age, to the
great regret of all his friends and acquaintances. He was twice married; first, to
Lady Margaret Keith (/), daughter to George Earl Marischal, and niece to his

(c) Charta 190. lib. 40. Arch. pub. facta praedllecto nostra Andrese Arbutlinot de eodem in vjtali
redditu, ac Patricio Arbuthnott suo filio juniori, &c. quibus deficientibus Jacobo Arbuthnott de Aratt,
&c. de totis& integris villa & terrisde Magdalen-Chapel, nuncupat. le Chapiltoun, apud Halyrudehouse,
2j die Februarii, A. D. 1594. etiam Charta 24. lib. 42. facta Andreae Arbuthnott de eodem, & Pa-
tricio Arbuthnott suo filio legitimo natu minimo, de terris de Nether- Pitforthies, apud Halyrudehouse,
20. die M.irtii anno 1 597. {d) Continuation of Arbuthnot's History, {e) Original Letter in anno
l6o8, by King James VI. to the Laird of Arbuthnot, penes Vicecomitem de Arbuthnott. (/) Charta
193. lib. 47. in publicis Archivis, facta dilecto nostro Domino Roberto Arbuthnott de eodem, militi, &
DominEB Mariae Kleth ejus sponsa;, de terris de Cowlie, &c. apud Edinb. 7. die mensis Januarii anno
"^("^i- ig) Charta in publicis Archivis, ad annum 1553. (A) Charta 54. lib. 48. Arch. pub. facta
Roberto Arbuthnott de Arrat militi, de baronia, castro, & fortalitio de Arbuthnott, apud Edinb. 9. die
Januarii, A, D. 1610. (0 Charta in publicis Archivis.
I

APPENDIX. S7

tiade's lady. But she dying very soon after, without issue, he married, secondly,
Margaret Fraser, daughter to Simon Lord Lovat, by Jean Stewart his wife, daugh-
ter to James Lord Doune, by whom he had four sons; first, Su" Robert Arbuthuot
of that Ilk, his successor, afterwards Viscount of Arbuthnot ; second, Andrew Ar-
buthnot of Fiddes ; third, Alexander Arbuthnot, a young gentleman of great
loyalty and courage, who was slain valiantly fighting in defence of his king and
country at the fatal battle of Dunbar, September 3. 1650; fourth, Simon Arbuth-
not of Catherlan: As also three daughters; first, Jean, married to Sir Alexander
Burnet of Leys ; second, Margaret, to Sir Alexander Carnegie of Pittarrow ; third, •
Janet, to William Rait of Halgreen. He died March 1^. anno 1633 {k), and was
succeeded by his eldest son,

■ XViU. Sir Robert Ak.buihnot of that Ilk, who being a person of exemplary
loyalty, obtained fust the honour of knighthood .(/) from his sovereign King
Charles I. and was afterwards, by the special favour of that monarch, advanced to
the peerage of this realm, by the title of Viscount of Arbuthnot, and Lord Inver-
bervie, by letters patent, bearing date November 16. 1641 (ni). He married, first,.
Lady Marjory Carnegie, daughter to David Earl of Southesk, by whom he had
Robert, his successor, and a daughter, Margaret, married to Sir John Forbes of
Monymusk in Vicecomitatu de Aberdeen ; and, after her decease, he married Ka-
tharine, daughter to Hugh Lord Lovat, by whom he had Alexander Arbuthnot of
Knox, and a daughter, Anne, married to William Forbes of Ludquhairn in Pice-
comitatu de Aberdeen; tuid dying in the year 1659 («), he was succeeded by hir
son,

XIX. Robert Lord Viscount of Areuthnot, who married first Lady Elizabeth
Keith, daughter to William Earl Marischal, by Lady EHzabeth Seaton, his wife^
daughter to George Earl of Winton, by whom he had Robert, who succeeded him
in his estate and honours, and a daughter, Margaret, married to Sir Thomas Bur-
net of Leys. He married, secondly, Katharine, daughter to Robert Gordon of
Pitlurg and Straloch, by whom he had, first, Mr John Arbuthnot of Fordun; se-
cond, Mr Alexander Arbuthnot, one of the Barons of his Majesty's Exchequer in
Scotland, who afterwards changed his surname to Maitland, upon the account of
his marriage with Jean, eldest daughter and sole heiress to Sir Charles Maitland of
Pitrichie; third, Mr Thomas Arbuthnot: As also three daughters ; first, Katharine,
married first to Mr Robert Gordon of Clunie, and again to David Riccart of Ric-
carton; second, Anne, married to Mr John Horn of Westerhall, advocate; third,.
Helen, married first to John Macfarlane of that Ilk, and afterwards to Mr John
Spottiswood of that Ilk, advocate; and all of them had issue. This lord died ia.
the year 1684, and was succeeded by his son,

XX. Robert Viscount of Arbuthnot, who married Lady Anne Sutherland,
only daughter to George Earl of Sutherland, by Lady Jean his wife, daughter to
David Earl of Wemyss, by whom he had Robert, his successor, and John, the
present Viscount ; as also four daughters, Jean, Anne, Mary, and Margaret; and
dying in the y?ar 1692, he was succeeded by Iiis eldest son Robert Viscount of
Arbuthnot, a nobleman pf great parts and expectation, who, to the great grief
of all his relations, was untimeously snatched away by death, in the year 1710,
unmarried. Upon whose decease both the estate and honours went to his bro-
ther,

XXI. John, present Lord Viscount of Arbuthnot, who married Jean, daughter,
to William Morison of Prestongrange.

Of the surname of PETRIE.

SEVERALS of those of the surname of Petrie in Scotland do bear the same
arms with those of Ireland, from whom they seem to have been descended, parti-

(/f) Continuation of Principal Arbuthnot's History, MS. (/) Cliarta in publicis Archivis (m) Re-
gister of Patents in the Chancery Office, (n) Frasei's History of the Family of Lovat, MS.

88 APPENDIX.

cularly in Vicecom. Moravien. And thus Major Ludovick. Petrie, some time
Town-Major of Gibraltar, bears gules, a bend or, between two escalops argent,
within a bordure ingrailed; crest, a cross cxoii&l fitch e: motto, Fides.

CRAWFURDS of Auchinames.

THAT the Crawfcrds were barons of the extensive barony of Loudon, ancT
Heritable Sheriffs of Ayr, ever since the days of King Alexander II. is evident
from the chartulary of Kelso in the Lawyers' Library ; and that the ancient fa-
mily of Auchinames in Renfrewshire were lineally descended of Sir Ranald Craw-
furd of Loudon, sheriff of Ayr, will be evident beyond exception from what I am
to offer. This family were, from their very first descent from the family of Loudon,
possessed of the twelve pound land, of old extent, of Auchinames in Renfrewshire,
and the fourteen pound lands of Corsby, the six pound lands of Manock and Gills,
the five merk lands of Auldmuir, and the five merk lands of Whiteside, all in the
shire of Ayr, being thirty-eight pounds and one merk of old extent; all which
knds were in the possession of Thomas Crawfurd of Auchinames, grandchild of Sir
Ranald Crawfurd of Loudon.

This Thomas lived in the days of King Robert III. and is witness to the resig-
nation of the lands of Fulton, to the monks of Paisley, in the year 1409. As this
gentleman was possessed of a very fair estate, so he was zealous to bestow a part of
it upon these uses which were then judged to contribute most to the promoting of
piety, and procuring salvation both to his own soul and the souls of his near rela-
tions; as appears from the original charter, yet extant, in the custody of the family
of Auchinames, whereof this is an exact copy.

" Universis Christi fidelibus, ad quorum notitiam presentes literEE pervenerint,
" Thomas de Crawfurd dominus de Auchinamys, salutem in Domino sempiter-
" nam. Noveritis me pro salute animae mese, et animarum uxorum mearum, et
" animse Reginald! de Crawfurd avi mei, nee non pro salute animarum patrum
',' et matrum nostrorum, predecessorum, hteredum et successorum nostrorum, et
** animarum omnium fidelium defunctorum, dedisse, concessisse, et hac present!
" charts mea confirmasse, in puram et perpetuam elimosinam, Deo et sanctissima-
" matri suse Marite, semper Virgini, et omnibus Sanctis, totam terram meam de
" Lyimernocht, et duas mercatas terras de Glentayne, cum omnibus suis pertinen-
" tiis, et asiamentis quibuscunque, et tres mercatas annui redditas quolibet anno
« percipiendas, per equales portiones, ad terminos debitos et consuetos, de terris
« meis de Cakachant de Corbar, et de totis terris de Auchinamys, ad sustenta-
" tionem unius capellani, qui pro tempore fuerit divina celebrantis, et pro perpetuo
" celebraturi ad altare S.inct;e Mariae Virginis, in ecclesia. parochial! de Kilbarchan,
« vel in capella in ejusdem ecclesise cemiterio construenda ; tenendas et habendas-
" dicto- capellano qui pro tempore fuerit, et successoribus suis, in puram et per-
•« petuam elimosinam, adeo hbere, pacifice, quiete, honorifice, sicut aliqua terra
" elimosinaria in regno Scotia conceditur vel concedi potest. Volo etiam et sta-
" tuo quod capellanus dictas cappellanias, vel capella; niinistrans vel ministraturus,
« qui pro tempore fuerit, etedem capellae, vel capellania' in propria persona mini-
« strat, et personaliter residiat in eadem, et quid non poterit illam cum alio quon-
« dam beneficio ecclesiastico in simul retinere, immo quod per acceptationem se-
" cundi beneficii, ipsa vacare sentiatur, ipso facto, et quod dictus capellanus, tan-
« quam sacerdos parochialis vel prodefunctis, vel aliter qualitercunque nullatenus
" celebrare permittatur; quid si facere atemptaverit, hoc ipso facto ab omni jure
" quid in dicla capella vel capellania habuerit, sit privatus, et ad eandem in pos-
« terum, nuUo modo valeat presentari, nee sibi per quendam de eadem provider!.
" Item volo et statuo quod quoties hujusmodi capellanus, per me, haeredes et assig-
«« natos meos presentatus est, et per diocesianum, vel sede vacante capitulum
« Glasguensem, admissus et institutus. in hujusmodi capella vel capellania, cedere

APPENDIX. 89

" vel decedere contingat ad me, hsredes meos, et assignatos meos ejusdem presen-
" tutio, et ad loci diocesianum admissio et collatio pertineat, vel sedo vacante capi-
" tulum Glasgueiisem; et si ego, hieredes inei, aut assignati, ad dictam capellani
" vel capellanum, personam idoneam, ut premissum est, infra quatuor menses a
" tempore vacationis,"et notitiai presentare detulerimus, loci diocesianus, vel sede
" vacante capitulus Glasguensis, eandem negligeiitiam nostram supplendo de per-
" sona idonea providebit, ita tamen quod per liujusaiodi provisionem diocesiani,,
" vel sede vacante capituli Glasguensis mihi, hreredibus meis, vel assignatis, cum
" alias vacaverit, nullum omnino prejudicium generetur; et si contingat me, ha;-
" redes meos, vel assignatos meos, contra istam coarcessionem meam et ordina-
" tionem, in toto, aut in jiarte venire, obligo me, hxredes meos, et assignatos
" meos, in quadraginta libras sterlingorum solvendas fabrica; ecclesije Glasguensis
" toties quoties esse continget, nomine pena;, et nihilominus per censuram ecclesi-
" asticam, ad haec omnia facienda, a loci diocesiano, et sede vacante capitulo Glas-
" guensi, compelli, et coerceri valeamus; et ut ista ordinatio et concessio mea firma
" valeat in p^rpetuum et inconcussa ma-nere, volo pro me, hwredibus meis, et
" assignatis, et consensio ut perdecanum et eschactorem Christianitatis de Ruglen,
" qui pro tempore fuerit, dicta capellu vel capellania, singulis annis semel visite-
" tur, vel sicpius, si per me, haredes meos, vel assignatos, cum instantia fuerint re-
" quisiti. In cujus rei testimonium, huic presenti charts, perpetuaz meje- sigillum
" meum est appensum, coram his testibus, videlicet, venerabili in Christi patre
" Matheo miseratione divina episcopo Glasguensi, Joanne Symple de Elzotston,
" Roberto Symple, Malcolmo de Calbrat Domino de Grenok, Joanne de Crawfurd
" fratre meo, cum multis aliis."'

This mortificattion is confirmed by King Robert III. in the twelfth year of
his reign, at Arneall the 2-4tbof October iaoi, by a ratification under his Privy
Seal.

To Thomas Crawfurd succeeded Archibald his son, who obtained a charter
from James 1. upon the resignation ,of his father, in that king's hands, of the third
part of the lands of Auchinames, and a third part of the mill thereof to the said
Archibald, and his heirs-male ; which failing, to Friskyn Crawfurd, second son to
the said Thomas, and the heirs of his body ; which failing, to the said Thomas
himself, and his heirs-male whatsomever, holding ward of the prince and steward
of Scotland. This charter is 4ated ia the list year of King James I. his reign,
1427.

The next I met with is Robert Crawfurd of Auchinames, who was twice mar-
ried ; first, to Margaret Douglas, daughter of George, Master of Angus, and sister
to Archibald the great Earl of Angus, who married King James IV. his Q^ieen,
who was daughter to Heny VII. of England ; and the said Robert had by her
only one daughter, Margaret, married to Semple of Nobieston. He next married
Marion Houston, daughter to Houston of that Ilk, by whom he had three sons,
James, Henry, and Robert. He grants a charter in favour of his said three sons,
dated 23d February 1483, and confirmed by King James III. 2^th February 1483 :
and, in the year 1484, June 18. the said Robert of Auchinames gives sasine to
his son James of the whole lands of Auchinames, with a reservation of his own
liferent. He was killed with King James IV. at the battle of Flodden, 9th Sep-
tember 1513.

To him succeeded James Crawfurd of Auchinames his son, who obtains a char-
ter from James Campbell of Loudon of the lands of Corsby and Munock, holding
of him, dated July 12. 1498. He resigns in the hands of William Cunningham,
Master of Glencairn, the whole lands of Corsby and Manock for new infeftment
of Thomas Crawfurd his son, and his heirs-male, the 20th of October 1535; and
that same day Thomas Crawfurd his son is seised in the lands of Corsby and
Manock. He gives a charter to William Wallace of Craigie of the lands of Whit-
side. November 4. 1526.

To him succeeded Thom.«, his son above mentioned, who, in the year 1539,
October 2d, obtains a gift and disposition from King James V. of the non-entries
of the lands of Auldmuir; which lands are said to have continued in non-entries
tor the space of 100 years, viz. from the death of Thomas Crawfurd of Auchi-
names. He married Marion Montgomery, daxighter to the Laird of Hazlehead

Vol. II. 5 G

90 APPENDIX.

and had by her John, William, and Patrick, all Lairds of Auchinamcs. To Tho-
mas succeeded John Crawfiud his son, who is Laird of Auchinatnes in the year
J 544, as appears by an instrument of apprising taken by Marion Montgomery,
lelict of Thomas Crawfurd of Auchinames, the id of December 1544. He mar-
ried Giles Cunningham, daughter to WiUiam Cunningham, second Laird of
Craigends, but by her he had no succession. He was killed at the battle of Pinky
loth September 1547.

To him succeeded William Crawfurd of Auchinames, his brother, who obliges
tumself to relieve the Laird of Gadgirth of twelve score merks, due to the Laird of
Auchinharvie for the lands of Corsby and Whiteside, as appears by an instrument
dated May 8. 1558. He married Annabella Chalmers, daughter to the Laird of
Gadgirth, and by her had James. This James succeeded and married Lady Eliza-
beth Cunningham, daughter to William Earl of Glencairn. She is seised in the
lands of Corsbie, November 10. 1579. He died in November 1582, leaving only
one daughter, Jean, of whom afterwards.

To him succeeded Patrick Crawturd of Auldmuir, his uncle, who is seised in
the lands of Auldmuir and Whiteside, as heir to the said James his brother-son,
April 13. 1585; and in April 11. 1586, he intents a process of recognition a-
gainst Malcolm Crawfurd of Kilbirnie, of the lands of Manock and Gill in the parish
of Dairy, which the said Malcolm and his predecessors held ward of the said
Patrick and his predecessors. The process of recognition is founded upon this rea-
son ; because the said Malcolm had disponed more than the half of the said lands,
without the consent of the said Patrick his superior. This controversy is by King
James VL committed to the cognition of Mr John Skene, Mr John Learmont,
Mr William Oliphant, Mr Oliver Colt, lawyers, as appears by the king's commis-
sion to them, April 11. 1586. He gives a sasine of the lands of Whiteside to

Hugh Montgomery of Hazlehead, May 24. 1588 ; he married

I'raser, daughter to the Laird of Knox, and by her had William, who, in his fa-
ther's lifetime, married Margaret Houston, daughter to Sir Patrick Houston of that
Ilk. Their contract is dated October 10. 1587 J by her he had Patrick, who
nicceeded his grandfather.

The above-named Jean came to be heiress of the lands of Corsbie, the estate of
\uchinames having descended to Patrick of Auldmuir, as heir-rfiale, uncle to James
Crawfurd of Auchinames last mentioned, whose grandchild, Patrick Crawfurd of
\uchinames, married Jean Crawfurd, heiress of Corsby, by which the ancient
estate of Corsby and Auchinames were re-united.

This Patrick, left behind him six sons ; eldest, William, v/ho is seised in the
twelve pound lands of Auchinames, as heir to his father Patrick, May 12. 1649 ;
lie married Anna Lamont, daughter to Sir Colin Lamont of Ineryne, and Bar-
bara Semple his spouse, daughter to the Lord Semple. Second son James, Writer
to the Signet, and father to Patrick, Counsellor of Law at London. Third, Cap-
tain Robert of Nethermains. Fourth, John. Fifth, Patrick. Sixth, Mr Hugh,
Minister of Cumnock, and grandfather to Hugh Crawfurd of Garrive. To Wil-
liam succeeded Archibald his only son, who married Margaret Porterfield, daughter
to John Porterfield of that Ilk, and had William and three daughters, viz. Anna
married to James Bruce of Poufouls. Jean married to Patrick Crawfurd, merchant
in Edmburgh. Margaret to James Young of Killicanty. William, in his father's
lifetime, married Helen Burnet, daughter to Sir Thomas Burnet, physician to King
William, and had only one daughter, Helen, married to Patrick Edmonston of
Newton.

The estate of Auchinames is at present in the possession of Patrick Crawfurd
above mentioned, who has a numerous male issue by Jean Crawfurd, daughter
to Archibald of Auchinames.

The armorial bearing of the family of Auchinames is ardent, two spears saltier-
ways, betwixt four spots of ermine : the motto is, God shaw the ri^bt.

APPENDIX.

HOPE OF Craighall.

IN my First Volume, p. 218, by mistake I bring Sir Thomas Hope of Craig-
hall's grandfather from Holland, whereas it is certain he came from France in tlje
retinue of Queen Magdalen, King James V. his first queen, and his name was
John, said to be descended of the families des Houblons in Picardy, (in Scots)-
Hops. He married in France Bessie Cuming, a Scots lady. His son Henry re-
turned to France, and married at Paris Jean De Ton, who was mother to this Sir
Thomas. Sir Thomas, besides the four son/? I formerly mentioned, had two
daughters, viz. Mary Hope, married to David Lord Cardross, grandfather to the
present Earl of Buchan, and Anne Hope, married to Sir John Erskine of Alloa,
His eldest son. Sir John, married Magaret Murray, daughter to Blackbarony, and
had by her Sir Thomas of Graighall, and Sir Archibald Hope of Rankeillor, one of
the Lords of Session and Justiciary; Elizabeth Hope, married to Sir George Mowat
of Ingliston ; Mary married to Mr William Gordon of Earkton ; Bethia married to
Sir John Harper of Cambusnethan, advocate ; Margaret, married to Sir Robert
Pringle of Stitchel ; and Anne, married Haty Hope in Holland, descended of a
younger son of John Hope and Bessie Cuming, naw a flourishing family there..
This was the occasion of my mistake ; Agnes the sixth, m.arried to William Gault
a famous Turkey merchant in London.

Sir Thomas, son to Sir John, married Sir John Ayton of that Ilk's eldest daugh-
ter, and had one only son. Sir Thomas, who married Sir William Bruce of Kin-
ross's daughter, and had by her three sons. Sir William, Thomas, and John ; Sir
William died unmarried ; his brother Sir Thomas succeeded him, and afterwards
his mother to the estate of Kinross, and carries now the name of Bruce-Hope ; his
brother, Colonel John, is present Governor of Bermudas.

FERGUSSON of Craicdarroch..

I HAVE given before in the First Volume the arms of Fercusson of Craigdai-
locb out of the Lyon Register ; but since, I am certainly informed, that the same
arms, as in the Lyon Register, together with the arms of Katharine Cunningham,
daughter to the Earl of Glencairn, are above the door of the old house of Craig-
darroch.

The Fergussons of Craigdarroch seem to be of very old standing in the parish
of Glencairn, and sheriffdom of Dumfries, and that, without claiming the antiqui-
ties of other families, into which they are either thrown by accident or purchase,
and have been numerous in their descendants, several families deriving their origi-
nals from them ; and, notwithstanding of the depredations from the Border, to
which that place was frequently liable, and the burning of the house of Craig-
^ darroch, I have seen some old remains of its antiquity : The first is a charter that
'-is extant in the hands of the present Laird of Craigdarroch, which is granted by John
of Crawford, son to the Laird of Dalgemock, to John Fergusson Dominus de Craigdar-
ioch, his cousin, pro sua consilio et auxilio, of the mill of Dalmacallan and Jedburgh,
in the barony of Glencairn in the shire of Dumfries ; which charter is without date,
but the witnesses, who are all very well known, give us a very near view of the
time : the witnesses being thus inserted in the charter, Sir John Stewart, father,
Laird of Dalsvvinton, Sir Walter Stewart, Sir John Stewart, Sir Allan Stewart, his
sons. It is agreed by historians, that this John Stewart of Dalswinton lived in
the reign of David Bruce, and that he was taken prisoner with him at the battle
of Durham in the year 1346, and that the foresaid Walter Stewart's only daughter
and heir was, in the year 1396, married to John Stewart, son to Sir William-
Stewart, sheriff of Tweeddale, descended of the house of Damly. It is to be

92 APPENDIX.

observed, that this charter is backed by a hand above a hundred years old, and tlie
figure 25 ib marked upon it, which seems to infer, that twenty-four preceding
papers have been all lost. The next is a curious old charter in English, granted
by John Crawfurd of Dalmacallan in Glencairn, to Jonkine Fergusson Laid of
Craigdarroch, confirming other two charters, viz. one granted by John Huck-
tlionson of Crawford, cousin to the foresaid John Crawfurd, of the four merks
worth of land of Jedburgh, to the said Jonkine Fergusson, and another charter
granted by John Crawfurd, the foresaid John Crawford's son, to the said Jonkine
Fergusson of the mill of Jedburgh ; to the which charter of confirmation the said
John Crawfurd appends his seal at Craigdarroch the 6th day of July, the incarna-
tion of our Lord 1398 ; which charter is backed by the foresaid old hand, and
figured twenty-eight: and in the 12th of January 1727, it has been in the hands
of that great antiquary. Sir James Daliymple of Killoch, and was registrated
at that time as a probative writ. The next is a sasine under the hands of Thomas
Lockhart, notar-public, for infefting John P'ergusson of Craigdarroch, as son and
heir to Mathew Fergusson of Craigdarroch, dated the last day of April 1484.
From which John Fergusson of Craigdarroch I have seen a complete progress, from
father to son, to the present Alexander Fergusson of Craigdarroch, who was mar-
vied to Anne Laurie, daughter to Sir Robert Laurie of Maxwelton, and Jean Riddel
his lady ; with which Anne Laurie he has these children, James, Robert, and Jean
Fergussons. The said Alexander was chosen member of Parliament in the year
1 71 7; by the contracts of marriage and other documents, it appears they have
been honourably married to the families of Glencairn, Morton, Lag, Gadgirth,
and Balmaghie, and that oftener than once.

THE surname of Lawson is of good antiquity in Scotland. I find, in Mr Hay's
collections, mention of Richard Lawson, a landed gentleman, who was canon of
St Giles' Kirk in Edinburgh, and Laird of Grotehill, who gives the said lands to
Walter Scot, baxter, with the consent of the magistrates of Edinburgh, about the
year 1370. The oldest family I have met of this name is

LAWSON OF HuMBiE.

I. WiLLi.AM Lawson of Humbie is the first of this family I read of, whom I find
to be upon the service of Thomas first Lord Somerville, as heir to his father, March
1. 1406, as says the Genealogy of Somerville in manuscript.

IL William Lawson of Humbie, his son ; I suppose he is the same person that
.Dr Abercromby, in his Martial Achievements, Vol. IL p. 501, mentions to be one
of these appointed as plenipotentiaries to meet with King Henry the VIL of Eng-
land's commissioners, not only to conclude a truce, but also a marriage between
our King James IV. and the said Henry's eldest daughter, Pqncess Margaret, anno
1495. This the Doctor clearly documents out of Feed. Aug. torn. 12. p. 572, and
the same Mr William (says the Doctor, ihid. p. 506, out of the next p. 573 of the
forecited Fad. Ang.) was appointed one ot the conservators of a seven years truce
oetwixt the two kingdoms of Scotland and England, which was concluded last
of September 1497.

III. Richard Lawson of Humbie, his son, has a charter of Gilchranston, lying in
the barony of Salton, and shire of Edinburgh, on resignation of John Tarbat of
that Ilk; this is dated anno 1505, as says Scotstarvet in his Collection of Abbre-
viates of Charters. He died (as says the Chancellary Records) the 24th of August

iV. Robert Lawson of Humbie his son, he is one of those heros who signed a
bond at Hamilton, May 8. 1569, to stand by their sovereign Queen Mary, with
their lives and fortunes against her rebellious subjects, as says the author of the
2

APPENDIX. 93.

life of Qiieen Mary, printed at Edinburgh in octavo 1725, p. 202. This Robert
died February 14. 1581, as says the Chancellary Records.

V. John Lawson of Humbie, his son ; the Council Records say he was cautioner
that John Ramsay of Dalliousie shall not invade Richard Abercromby of Polton ;
and the Chancellary Records say he |married Elizabeth Ballenden, daughter to

; which Elizabeth died in July 1630, and he himself
in March 1598.

VI. Sir James Lawson of Humbie, his son, was served heir to his father March
4. 1607, as says the Chancellary Records ; and Alexander Garden, in his Scottish
Worthies, says, he was a Gentleman of his Majesty's Chamber, a gallant youth in
the way of honour, but was unfortunately drowned beside Aberdeen,, in a standing,
lake, called the Old Water-gang, riding over rashly, not having knowledge of the-
ground. This happened anno 1612 ; upon which accident the fore-cited Mr Gar-
den composed the following poem.

Whose mind's so marbled, and his heait so hard,
And who of steel ivhose stomachs are so strong.
That would not, when this huge mishap was heard,
To th' utmost note of sorrow set their song :

And elevate their voice and woes alone,

The highest strain ot any troubled tone.
To see a gallant, with so great^ gi^acfi)
So suddenly unthought on, so o'erthrown,
And so to perish in so poor a place,
By too rash riding in a ground unknown.

The flinty fates, that but all pity prove.

Would both to mourn and miseration movej
Yet shall this death the defunct not disgrace,
Nor to his praise prove prejudicial,
Since men of greater rank have run like race.
And lost by like misfortunous fate and fall :

For Fergus, Dowgal, and King Donald, drown'dj.

And they all three kings of this realm crown'd.

VII. John Lawson of Humbie, his son, was served heir to his father Sir James;
May 25. 1637, as says the Cancellary Records.

The estate of Humbie went after to the Hepburns, and this family is now ex-
tinct ; but probably the following Mr Richard Lawson, Justice-Clerk, has been a
son, or descended of a son of the same.

LAWSON OF Heiriggs, Lochtulloch, Boghall, and Cambo.

I. MR RICHARD LAWSON of Heiriggs, it is presumable, was a son of the house
of Humbie. He was made Justice-Clerk about the year 1488, and one of the coun-
sellors appointed for managing the affairs of King James IV. during his minority,
anno 1490, as says Dr Abercromby in his- Martial Achievements, vol. ii. page 496,
whicli he instructs out of the Black Acts, fol. 87, He was also appointed one of
the plenipotentiaries to meet at Coldstream with those of England, for prolonging
the truce, which was agreed to the 21st December 1492, ibid, page 498. This
the Doctor documents out of Feed. Angl. torn. 12. page 467. And again he was
chosen one of the commissioners appointed to meet at Ayton with the English
commissioners, for a treaty, anno 1497, ibid. p. 505. This the Doctor also in-
structs out of the said Feed. Angl. p. 673. Moreover in Scotstarvet's Collection of
Abbreviates of Charters, I find this Mr Richard gets a charter of a tenement of
land in Edinburgh, which pertained to Henry Tait, bastard; this is dated i8th
February 1491. And there is in the present Cairnmuir's custody an instrument
of sasine of the fourth part of the lands of Cambo, in favours of this Mr Richard.

Vol. II. 5 H

94

APPENDIX.

Lawson, upon a precept of sasine granted by George bishop of Dunkeld, following
upon a resignation by Janet Baillie and John Gifford her husband. This is dated
the i6th January 1500. There is also a charter of alienation granted by Andrew
Graham of Knockdollian and Cairnmuir, to the said Richard and Janet Elphin-
ston his spouse, of the seven merk land of Cairnmuir. This is dated the 27th
April 1500, and the sasine following thereupon is of the same date ; and George,
bishop of Dunkeld, his precept of sashie following thereupon is dated the loth
November that same year ; and afterwards the said Andrew Graham of Cairn-
muir grants another charter, in favours of the said Mr Richard and his spouse, of
the lands of Cairnmuir, to be holden of the granter, which is dated 17th June
1503 ; and his procuratory of resignation of these l^nds, in favours of the said Mr
Richard and his spouse, is dated the same day ; and the said Andrew's precept of
sasine following hereupon is dated the next day ; and the instrument of sasine fol-
lowing upon the foresaid precept is dated the 26th September thereafter; and
John Earl of Morton confirms all, by his charter dated 17th September 1503 ; and
upon the 12th June this same year, this Andrew Graham grants an obligation to
Mr Richard, containing warrandice for the entry of the said Andrew Graham his
heirs to the Earls of Morton, upon the decease of him and his successors. This is
dated the 1 8th June 1503. Scotstarvet, in his Staggering State, says, that this
Mr Richard purchased also a good estate near the Burrow-Loch, as also the lands
of Boghall. ^

This Mr Richard Lawson died about the year 1508. He married Janet Elphin-
ston, daughter to . I find in the fore-cited Collection of

Abbreviates of Charters by Scotstarvet, mention of a mortification granted by this
Janet, (therein designed relict of Mr Richard Lawson of Heiriggs} whereby she
mortifies to a chaplain in St Giles's Kirk in Edinburgh, founded by Alexander
Lauder, Provost of Edinburgh, with consent of Robert Lawson, her son, seven
merks yearly out of a tenement in Edinburgh, and 10 lib. out of Cramond Regis,
conquest by her from Janet, daughter and one of the heirs of William Baillie of
Cambo. By this marriage Mr Richard begat with his said lady three sons, viz,
\st, James his successor; 2d, Richard; and 3^, Robert Lawson, both successively
lairds of Cairnmuir ; of whom afterwards.

IL James Lawson of Heiriggs, &c. his eldest son and heir ; there is in the pre-
sent Cairnmuir's custody a precept of dare constat granted by this James, in fa-
vour of Mr Patrick Lawson, as heir to Richard, his brother-german, in the lands
of Cairnmuir. This is dated the 5th November 1526, and the sasine following
hereupon is dated the next day thereafter. This James married Janet, daughter

to — Liddel of Lochtulloch. Scotstarvet, in his Collection of Abbreviates

of Charters, mentions a charter wherein this James, (which he by mistake calls
Robert) son of Mr Richard Lawson of Heiriggs, gets with Janet Liddel, heiress of
Lochtulloch, (whom he was to marry) the lands of Lochtulloch, Boghall, Star-
daills, and Denyss, lying in the barony of Bathgate and shire of Renfrew, and the
same is provided to their heirs, which failing, to her heirs, dated 1507.

III. John Lawson of Heiriggs and Lochtulloch, his son ; there is {penes Cairn-
muir) an instrument of sa<:ine of the lands of Cairnmuir in favour of this John,
son and heir to James of Heiriggs, upon a precept of clare constat granted by Ro-
bert Graham of Knockdollian, dated 15th December 1556, and the sasine follow-
ing hereupon is dated the ist of February 1556. There is also a precept of clare
constat granted by the said Robert to tliis John, of the ten pound land of Cairn-
muir. This is dated i6th May that same year; and there is another precept of
clare constat by ditto to ditto in the said lands, dated 19th December that same
year ; and there is a charter granted by the fore-cited Robert Graham of Knock-
dollian to this John, of the lands of Cairnmuir, dated 13th April 1584, and the
sasine following thereupon is of the same date, which are confirmed by John Earl
of Morton the i6th of that same month.

This John married Christian, daughter to Sir William Livingston of Kilsyth,
by whom he had two sons, Sir William and John, who succeeded each other in the
estate of Boghall, and a daughter, Katharine, who was married to Mr James
Primrose, ancestor to the Viscount of Primrose, as says Mr Crawfurd in his Peer-
age.

APPENDIX.

95

rV. Sir William Lawson of Lochtulloch and Boghall, his son. There is in the
present Cairnmuir's charter-chest a chnrter of the lands of Cairnmuir, granted by
John Graham of Knockdolhan, to VVilham, son and heir served and retoured to
John his father. This is dated ytli December 1594, and the sasine following here-
upon is dated 29th July 1595. There is also an instrument of sasine of the lands
of Dundryon, in the barony of Inverleith and shire of Edinburgh, granted in fa-
vour of this William, on a charter granted to him by Sir George Towers of In-
nerleith, dated 12th of December 1607: and there is a charter granted by Wil-
ham Earl of Morton of the lands of Cairnmuir, in favour of this William Law-
son of Boghall, holding blench, upon a decreet before the Lords of Session, dated
the last day of December 1607, and the instrument of sasine following heieupon
is dated izd August 1608. There is also a precept of sasine upon a retour by
Alexander bishop of Dunkeld, in tavour of this Sir William Lawson of Boghall,
as heir to John Lawson of Lochtulloch, his father, of the fourth part of the lands
of Cambo, dated last of January 1609 ; the sasine following hereupon is dated the
15th April thereafter. 1 find also in the Council Records that this Sir William

and Hamilton of Bathgate, are ordered to find caution not to assault each

other. This happened ^/nno 1607 ; and he and Hamilton of Innerwick are char-
ged by the Lords of Privy Council to keep the peace, 25th June 1608. Scotstar-
vet, in his Staggering State, says, " This Sir William dilapidate and put away
" most of his fortune before his death, and went to Holland to the wars." He
died in May 162S, as says the Chancellary Records.

V. John Lawson of Boghall is served heir to Sir William his brother, the i8th
April 1629, as narrates the Chancellary Records.

Not^. All the foresaid families of the surname of Lawson being now extinct,
and their estates possessed by other families, the only remaining family in Scotland
(of any long standing) of this surname, is Lawson of Cairnmuir, who undoubtedly
is chief of the name ; an account of whose family follows.

LAWSON OF Cairnmuir.

I. RICHARD LAWSON of Cairnmuir was second son to Mr Richard Lawson
of Heiriggs, &-c. Lord Justice-Clerk, (as is narrated before) and his lady Janet
Elphinston. There is in the present Laird of Cairnmuir's custody an instrument
of sasine of the lands of Cairnmuir, given by the said Mr Richard, propriis manibus,
to this Richard his son, which is dated the 10th of October 1504 : And there is a
charter granted by the said Mr Richard and his said spouse, to this Richard their
son, of the said lands, dated i8th March 1507; but it seems he had died
soon after without issue, and was succeeded in his fortune by his brother Ro-
bert.

II. Robert Lawson of Cairnmuir, his brother, third son to the foresaid Mr
Richard Lawson of Heiriggs, Justice-Clerk. There is {penes Cairnmuir^ a precept
of dare constat, granted by Andrew Graham of Knockdollian in favour of this
Robert, as heir to Mr Richard, his father, in the lands of Cairnmuir. This is dated
the 23d April 1510, and the sasine following hereupon is dated the last of that same
month.

This Robert married Janet, daughter to William Baillie of Cambo, by whom he
had James his successor, and Richard Lawson.

III. James Lawson of Cairnmuir his son. There is a precept of dare constat
by Robert Graham of Knockdollian, in favour of this James, as heir to Robert his
father in the lands of Cairnmuir, which is dated the 9th May 1521, and the sasine
following hereon is dated the i8th June thereafter.

This James married Veitch, daughter to Veitch of Dawick,,

by whom he had two soos^ George his successor, and Patrick of Borland.

2

5,6 APPENDIX.

IV. George Lawson of Cairnmuir, his son, had also the estate of Borland. There
is in the present Cairnmuir's custody an instrument of -sasine in favour of this
George, as heir to Patrick Lawson his brother-german, on a precept of dare con-
stat granted by John, son and heir to James Lawson of Heiriggs, with consent of his
tutors. This is dated 5th July 1553, and which sasine is dated the 8th of that
■«me month; and there is another sasine of the lands of Cambo, in favour of
this George, on the foresaid precept of the same date. He is retoured heir in ge-
neral to Richard Lawson, his father's brother, 5th September 1554. There is a
reversion granted by Mr WiUiam Crichton, parson of Eddleston, to this George
Lawson of Borland, of an annualrent of twenty merles Scots forth of the lands of
Cammock, for payment of twelve score ten merks, dated 5th May 1556. And
there is another reversiorf granted by John Carkettle of Fmgland to this George
of the lands of Cambo, for payment of forty pound Scots, dated April 1558. There
is moreover a precept of sasine by John Lawson, immediate superior of the lands
of Cairnmuir, with consent of his curator, in favours of this George, son to James
Lawson, as heir to Mr Patrick Lawson his uncle, upon a retour before the regality
of Dalkeith, dated 25th June 1558 ; and, besides, there is a reversion granted by
John Stewart of Traquair, to this George Lawson of Borland, for payment of forty
shillings Scots, dated 16th October 1558. There is another reversion granted by John,
son and heir to sometime Manchane, burgess of Edinburgh, with consent of his cura-
tors, to John Stewart of Traquair, of an annualrent of twenty pound Scots, granted by
the said John Stewart, with consent of this George Lawson of Borland, his su-
perior, forth of the lands of Cairnmuir, for payment of 300 merks Scots, This is
dated anno 1562.

This George married daughter to by whom he had James

his successor.

V. James Lawson of Cairnmuir his son. There is (^penes Cairnmuir) a charter
by George to this James, his son and apparent heir, of the lands of Cairnmuir,
which is dated 1560, and the sasine following hereupon is dated 7th July 1582.
There is also an mstrument of resignation of the said lands by John Stewart of
Traquair, in the hands of the said George his superior, in favour of this James,
dated 21st July 1565. There is another charter granted by Mr Mark Ker of
Prestongrange to this James, of the lands of Skiprigg, dated the 4th June 1582,
and the sasine hereupon is dated the 14th of the same month. His father gives
him another charter of the lands of Cairnmuir, to be holden of John Lawson of
Heiriggs, his superior, which is dated 3d July 1582, and the said John of Heiriggs
confirms the same by his charter, dated the next day after, and the charter of con-
firmation under the Great Seal, confirming the charters following, viz. a charter by
John Earl of Morton to Robert Graham of Knockdolhan of the lands of Cairnmuir,
dated 26th March 1584; charter by the said Robert to John Lawson of Loch-
tuUoch, of the said lands, dated 13th April 1584; charter by the said LochtuUoch
to George Lawson of Cairnmuir, of the said lands, of the same date; and a charter
by the said George to this James his son, of the said lands, and dated nth Sep-
tember 1584, and the royal charter of confirmation of them all is dated 2d January
J584. There is also a charter granted to this James by his father, of the lands of
Cairnmuir, in implement of a contract betwixt them, dated May 27. 1584, and
this charter is dated the i ith September that same year, and the sasine followmg
hereupon is dated the 8th of February 1584.

This James married Elizabeth, daughter to William Scott of Mountbeugar, by
whom he had Mr James his successor.

VI. Mr James Lawson of Cairnmuir his son. He gets a charter from his father
of the lands of Cairnmuir, and fourth part of Cambo, in implement of his contract
of marriage with Elizabeth, daughter to Gilbert Brown of Hartrees, which is dated
May 20. 1619, and the sasine following hereupon is dated July 6. 1622; and there
is in the present Cairnmuir's custody a chart?.- of confirmation of the foresaid
charter granted by Sir William Lawson of Boghall, dated July 10. that same year.
There is also a charter granted by John Lord Stewart of Traquair, of the lands of
Cairnmuir, to this Mr James in liferent, and James his son in fee, to be holden
blench of the said Lord, dated 12th September 1631, and the sasine following
hereupon is dated the 7th of November thereafter. There is also an instrument

APPENDIX. 07

ofsasine in the lands of Ingraston and Maidenhead, with pasturage upon Blyth-
holni, and the muiv adjacent, lying in the parish and barony ot Linton, and shire
of Peebles, as principal, and the lands of Ormiston, in the parish ot Innerliethen, in
warrandice, in favour of this Mr James of Cairnmuir and his said spouse, following
upon a contract betwixt them on the one part, and the commissioners for John
Earl of Traquair, then out of the kingdom, on the other part; this is dated the last
of July 1650. This Mr James gets a disposition from the Earl of Truquair and
Lord Linton, of the lands of Ligraston and Maidenhead, which is dated the 23d
Dec'-mber 1653 ; and the charter of alienation of tlie said lands, as for the princi-
pal, and the lands of Fingland, in the barony and paristi of Newlands, in warran-
dice, is granted by John Earl of Traquair^ and John Lord. Linton his son, to the
said Mr James, tlie said day, and the sasine hereupon is dated the 21st of February
1654. This Mr James was appointed one of the committee of Parliament for
Peebles-shire, for putting the kingdom in a posture of defence, February 15. 1659,
as is narrated in the rescinded acts of Parliament.

This Mr James married Ehzabeth, daughter to Gilbert Brown of Hartrees, by
whom he had James his successor.

VIL James Lawson of Cairnmuir his son.. There is {penes Cairnmuir) a charter
granted by his father to him, upon his contract of marriage with Isabel Muirhead,
of the lands of Ingraston and Maidenhead, as principal, and the lands of Fingland,
in warrandice thereof, to be holden of the disponer: this is dated May 4. 1655:
Besides there is a tack of the teinds of Cairnmuir betwixt this James and the Earl
of Tweeddale, which is dated the 12th March 1679. I find in the Council Re-
■cords this James is convened before the Lords of Privy Council in June 1684, for
not dissipating conventicles on his ground ; and he was after a prosecutor of the
episcopal ministers anno 1689.

He married Isabel, daughter to John Muirhead of Linhouse, by whom he had-
John his successor.

VIII. John Lawson of Cairnmuir his son. There is in the present Cairnmuir's
charter-chest a procuratory of resignation of the lands of Cairnmuir, Ingraston, and
Maidenhead, granted by James Lawson of Cairnmuir in favour of himself in Ufe-
rent, and this John, his son, in fee, which is dated the 13th July 1682; and the in-
strument of resignation hereupon is dated the 19th of the same month and year ;
and the charter granted upon both by John Earl of Tweeddale, in fiivour of this
James, and this John his son, of the said lands, is dated the same day ; and the
sasine upon this charter is dated December 3. 1685. This John gets also a dis-
position in his favour from John Law, of the lands of Netherurd and Bryandland,
which is dated December 22. 1699, and the sasine following hereupon is dated 26th
January 1700 ; and the said John Law resigns the foresaid lands of Bryandland in
the hands of Anne Dutchess of Buccleugh, in favour of this John of Cairnmuir, as
bears the instrument of resignation, dated January 28. 1701, and the charter fol-
lowing thereupon, to be holden feu of the said Dutchess, is dated January 28.
1 701. There is a tack of the teinds of Cairnmuir betwixt this John and William
Earl of March, which is dated May 7. 1700.

This John Lawson of Cairnmuir married Barbara, daughter .to Sir John Clerk of
Pennycuik, by whom he had John his successor.

IX. John Lawson, the present Laird of Cairnmuir, &c. His son was served
heir to his father in general before the bailies of Edinburgh, as bears his general
retour, dated the 6th of October 1705; and he was served heir in special to his
said father in the lands of Cairnmuir, Ingraston, and Maidenhead, as principal,
and the lands of Fingland, in warrandice, before the Macers of Council and Session,
as bears his special retour, dated 29th January 1719; and upon said service there
is a precept of dare constat by William Earl of March of the haill above lands,
in his favour, as heir to his father, as said is, dated 19th March 1 719, and the
sasine following thereupon dated 27th March 1719; and also he has an instrument
of resignation of the eight prebend lands of Netherurd, and mill and mill-lands
thereof, in liis favour, which is dated 13th November 1707; and the charter of
resignation of the said lands, granted by Anne Dutchess of Hamilton in his favour,
is dated the sane day; and the sasine following thereupon is dated the 9th of De-
cember thereafter.

Vol. IL 5!

t)i APPENDIX.

This present Cairnmuir hath married Elizabeth, daughter to Bryce Semple of
Cathcart, by whom he hath a son to succeed him named Richard.

M'DOWALL OF Logan.

LOGAN would have rested satisfied with what is recorded of his family by Mi
Nisbet in his System of Heraldry, Part IL page 284. but that in this Appendix
there is a long chapter concerning M'Dowall of Freugh, wherein a clamr of chief-
ship is set up by Freugh, which was never before heard of, and Mr Nisbet (if it is
his performance) seems to favour his pretensions : Wherefore, that falsehood may
not be imposed for truth, Logan shall make some few observations upon this sub-
ject, which indeed is of itself most trifling; but since Freugh has flattered himself
with such idle amusements, justice must be done to those whom he would other-
wise thereby injure. »

And, in the first place, Freugh has no warrant- or authority to use arms, the-
same having never been matriculated in the Lyon Register, nor to be found in any
collection of arms ; so that 1 cannot see how he can pretend to carry arms at all,
and much less to be chief of the name. All the voucher of his arms is, that they
are said to be cut on a window-board and bed, which he pretends belonged to the
old House of Freugh ; but as these are no authentic evidence of such arms, so it
were a kind of miracle, if they had been preserved, when that House of Freugh
v.'as burned by the English, as he here affirms it was: It is likewise surprising,
that, since by the old law and custom writs were sealed with the granter's seal,
and not subscribed at all till the act requiring also the subscription, par. 1540,
cap. 117, none of the old writs that instruct the long series of his ancestors bear
their arms upon their seals : It is therefore incumbent upon Freugh, in the first
place, to show by what authority he bears arms at all, for the antiquity of his fa-
mily must principally appear from the arms they have right to bear.

It is plain, from the several acts of Parliament concerning the power and office
of the Lyon King at Arms, act 127. Par. 1592. p. 1672. act 21. that he and his
brother heralds were to visit the arms of the whole noblemen, barons, and gentle-
men, borne and used within the kingdom, and to matriculate them in their books
and registers, and to fine in L. 100 all who shall unjustly usurp arms, and to escheat
and forfeit all such goods as shall have unwarrantable arms engraven on them ;
and letters of publication are directed to be execute at the market crosses of the
several royal burghs, head burghs of shires, stewartries and bailieries within the
kingdom, charging all who make use of any arms or signs armorial, within the
space of one year after the said publication, to bring or send an account of what
arras or signs armorial they are accustomed to use, and whether they be descended
of any family, the arms of which family they bear, and of what brother of the
family they are descended, with testificates from persons of honour touching the
verity of their having and using these arms, and of their descent, to the effect that
the Lvon King at Arms may distinguish the said arms with congruent differences,
and matriculate the same in his books and registers, and give arms to virtuous and
well deserving persons ; and it is statute, that the said register shall be respected
as the true and unrepealable rule of all arms and bearings in Scotland.

It is therefore most certain, that if the family of Freugh had at the time of these
acts been entitled to wear arms, or any pretensions to noble descent, they would
have taken the benefit of these acts, as the family of Logan did, by getting then-
arms marticulate in anno 1676, which, Mr Nisbet observes, Part U. p. 284. are
found in the Lyon Register the same as at this day : Wherefore Freugh's using ar-
morial bearings or arms must be an usurpation, they not having been matriculate,
and his fancy of being descended of Gilbert Earl of Carrick vain and groundless ;
and whether Gilbert was elder or younger brother to Ethred, grandfather to Allan
Lord of Galloway, is no matter to Freugh, who does not seem to have any interest

APPENDIX. oa

m that noble family, or otherwise he was bound to vouch his descent and title to
carry anii^, as is directed in the foresaid acts: Nor indeed was ever Gilbert Earl
ofCarrick, but his son Duncan, who married the heiress ot Carrick, and there-
upon changed his name from M'Dowall to Carrick, if credit is to be given to his-
torians ; Buchanan, p. 363, and Sir James Dalrymple, p. 363, informs us, that
Gilbert was Ethred's younger brother, and most barbarously murdered him.

What is further advanced by Freugh is hardly worth noticing ; that Dowallton,
which he pretends belonged to his predecessors, was the ancient residence of the
Lords of Galloway, is without foundation; for it is well known, that all the places,
town-lands, and even hills in Galloway have Irish names, which was their language
till within Lhese 150 years, and this town-land, which is far from being a baiony,
was known to have been called formerly Belielochquhan (i. e. Lochtown, from a
lych there) till of late (as the story goes) one M'Dowall, a natural soil of Garth-
land, lived there, who being a notorious thief and a robber, that little town-land
had Its name afterwards from him.

Sir George Mackenzie tells us, page 3. sect. 11. that M'Dowall is known to be
among the ancientesr surnames of Scotland, because he bears a lion collared with
an open crown about his neck, in remembrance of Dovallus his predecessor killing
the tyrant Nothatus, who lived many years before Christ. Mr Nisbet owns the
same, Fart II. p. 282 and 283, and likewise that the arms of the old Lords of Gal-
loway were iKure, a lion rampant anient, collared with an antique crown or ;
now, these aie the very arms used M'Dowall of Logan at this day, and are record-
ed the same in the Lyon Register, and neither Garthland nor Freugh, nor any
other family of the name use these arms, which are the same with these of the old
Lords of Galloway ; and therefore it may justly be concluded that Logan has the
best pretensions of being the true and lineal heir-male of that family, for his arms
being simple, without addition of any other figure, is one great argument of his
being chief of the family.

It is true Mr Nisbet, page 283, pretends to instruct from Camden in his Bri-
tannia, that Henry I. King of England gave a grant to Fergus Lord of Gal-
loway, for some special services, of having the lion crowned ; after which that fa-
mily had the lion crowned, neglecting to have it collared only with an open
crown.

But, in thzfrst place, this is a plain mistake, for Camden says no such thing.
His words are, page 741. " Gallovidia hcec suos olim principes &- Dominos habuit
" quorum primus qui annalium monumentis celebratur erat Fergusius regnante
" Henrico primo in Anglia, cai pro insignibus erat leo argenteus erectus &• coro-
" natus in parma cerulea ;" where it is plain Camden only tells us, that Galloway
of old had its own princes, of which Fergus was the chief, who lived in the time
of Henry I. and carried the arms there described, but does not in the least men-
tion any grant from Henry King of England in favour of Fergus, for changing
his arms from a lion collared with an open crown to a lion crowned ; and it were
absurd to imagine, that a Scots peer would have applied to the King of England
for any such purpose, and would have been directly against the foresaid acts of
Parliament, and indeed were contrary to the nature of the thing, since all honours
and armorial bearings must proceed from the proper sovereign ; nor is there any
evidence of the Lords of Galloway ever having changed their arms in the foresaid
manner ; and Camden's account of Fergus's arms must be corrected by our own'
historians and authors, who inform us, that the family bore the lion collared with
an open crown.

In the next place, though the Lords of Galloway had changed their bearing to
a lion crowned, yet that could not alter the case; for, as to Garthland, though in-
deed at present he bears the lion crowned, yet formerly he bore the lion gorged
with an open crown, standing upon a rock in a water, or sea in base ; Nisbet, Do.
page 283; and therefore he cannot plead from his new bearing any antiquity : and
as to his old arms, since they have such additions, it cannot be supposed that he
represents the principal family in competition with Logan, who has no addition:
and as to Freugh, it has been already observed that his arms are without any au-
thority, though he. to make sure work, has assumed the lion crowned with an im-
perial crown, and likewise gorged with an antique crown, supported by two wild ,

ioo APPENDIX

men, Nisb. Part II. page 285. But this is all usurpation, for the pretended sup-
porters were taken up by the present Freugh at his own hand.

This leads to another strong proof of Logan's being chief of the name and fa-
mily ; it is that he not only carries simple arms, the same with these of the old
Lords of Galloway, but likewise uses supporters. Now it is most certain, that the
right of using supporters is hereditary with us to the lineal heirs and representa-
tives of families, bat not proper to the younger sons or collaterals, unless they be-
come represeiitatives of the family, as Mr Nisbet observes, Part IV. p. 33. And
Sir George Mackenzie, cap. 31. plainly informs us, that all our chiefs of families
and old barons in Scotland may use supporters, and have prescribed a right to it ;
and he further observes, that de jure barons may use supporters, for as such they
were members of Parliament with us of old, and never lost that privilege, though,
for their conveniency, they were allowed to be represented by two of their num-
ber for each shire ; and, therefore, such as were barons before that time may have
supporters as well as lord barons : The consequence whereof is, that when the fa-
mily of Logan used supporters, they were owned to be the chief of the name, in
place of the ancient Lords of Galloway, and was one of these barons that had title
to sit in Parliament, which it is plain Garthland and Freugh were not, since they
never used supporters, according to Sir George Mackenzie's foresaid reasoning.
Garthland has owned, Nisbet, do. page 283, that in these days he held his lands
of the family of Douglas ; the oldest charter he produces, anno 1413, being-from
them, and so could have no claim as a baron to sit in Parliament ; whereas all
Logan's old charters are from the sovereign.

As to the pretended bond of man-rent by John M'Dowall of Logan, to Uthred.
M'Dowall of Garthland, anno 1593, mentioned by Nisbet, Part II. page 283
it is plainly spurious, null, and contrary to law, and the nature of the thing,
and so no legal claim can be founded upon it : For, in the first place, it wants the
ordinary solemnities requisite at the time, since all writs of importance behoved to
be sealed, as well as subscribed, by the laws then in force, act 80. Pari. 1579.
Now this writ is not sealed at all, and the pretended subscription to it is not the-
subscription of the said John M'Dowall, as appears by comparing it with his other
subscriptions to uncontroverted writs. Next, such bond of man-rent were against
an express statute, act 43. Pari. 1555, which declares all such bonds null, and
discharges the granting or taking the same in all time coming, under severe pe-
nalties ; so that it cannot be presumed such bond was given or taken ; more espe-
cially, if it is considered, in the last place, that such bond was inconsistent with
the circumstances of the parties at the time. Garthland held several lands ward
of Logan, and was thereby liable to attendance upon Logan, liis superior, at head
courts, and to mihtary services inherent to such holdings, which was incompatible
with Logan's performing the attendance and service, mentioned in that bond to
Garthland his vassal. And the learned Craig informs us, that the services due by
a vassal to his superior are expressed with us by man-rent ; and the duty of the
superior towards his vassal by that of maintenance (Craig de Feudis, lib. 1. dieg.^
II. sect. 1.) ; and therefore it were self-contradictory that such bond of man-rent
should have been granted by Logan, the superior, to Garthland, who was his ward
vassal at the time in several lands.

And further, Logan's using supporters before tliis writ, plainly shows that
Garthland could never set up pretensions of chiefship at that time. And it is more
than probable the first of the name of M'Dowall of Garthland was a younger son
of M'Dowall of Logan, and that he got, as his patrimony, the lands of Elrig, &c.
which he held of Logan for several hundreds of years, and thereafter resigned them
in the hands of Logan his superior, ad remanentiam ; and that the family of Garths
land first had the name of M'Dowall, by his marrrying the heiress thereof, being
formerly of the name of Garth, which Mr Nisbet observes. Part I. page 29, was
an ancient family in Galloway.

Mr Richard Hay, the Antiquarian, states the question upon this head betwixt
the families of Logan, and Garthland ; and though he declines giving his judg-
ment, yet it is plain from the reasons and documents set forth by him, that Logan
must have the preference ; and therefore his certificate upon: that subject is here-
to subjoined.

APPENDIX.

FOLLOWS MR RICHARD HAV S CERTIFICATE.

'- I MR Richard Hay, Antiquarian, by these presents certify. That having per-
used several old writs and documents belonging to the Honourable Laird of Lo-
gan in Galloway, the following observations occur as plain :
" imo. That the lands of Logan, constantly designed in the old rights Duminuin-
de Logan, were held origmally blench of the crown by the predecessors of the pre-
sent Laird of Logan, as is clearly demonstrated by a charter of King James IV.
to Patrick M-Dowall of Logan, the 21st of January 1504.

" Ilia, That the lands of Airick, Myroch, and Balnagown, still designed in the
said writs, jaccnt. in Doiiiinio de Logan, and are a live merk land, long before,
the year 1466, were held by Uthred M'JJovvall of Garthland, and his predeces-
sors, of Patrick M'Dowall of Logan, and his predecessors in warda et relievio
reddendo; inde annuatim ties sectas curia: ad tres curias capitales, isc. as appears
from a charter of contirmation of the said lands to Andrew M'Dowall, upon the
resignation of the said Uthred M'Dowall of Garthland, in the hands of the said
Patrick M'Dowall of Logan his superior; which resignation is dated at Logan
the 8th of December 1466, as also from a precept of the chancery, anno,
lino Jacobi, which I take to be King James IV. in the year 1488, directed tO'
Patrick M'Dowall of Logan, superior, for infefting Uthred M'Dowall of Garth-
land, in the said lands of Airick, &c. wherein it is declared that the said Uthred'
M'Dowall, his grandfather, died last vest and seised therein; and likewise in a-
charter of Patrick M'Dowall of Logan to Margaret Kennedy, daughter to Hugh
Kennedy of Girvanmains, for her liferent as Lady Garthland, dated at Wigton
the 1st of March 1549. From all which it is evideut that Garthland's pre-
decessors got these lands from Logan's, to be held of them in capite, which)
they did till anno 1645, ^^'^ they sold the property to Logan as they now re-
main.

" y,io. That the Lairds of Logan have been in use of wearing supporters to their
arms, whereof 1 have seen two instances, there being a lion supporting their es-
cutcheon upon their seal, anno 1549, and one other on their seal 1594, the other
sides being defaced.

" Having likewise perused several old writs and documents belonging to the
Honourable Laird of Garthland, amongst which a charter from the Douglasses,
Lords of Galloway, to Garthland's predecessor, in the year 141 8 ; as also a bond of
man-rent alleged to be granted by John M'Dowall of Logan to Uthred M'Dowall
of Garthland, together with all the arguments adduced by the said two honour-
able gentlemen, for supporting the rights and prerogatives of their two respec-
tive families, I think it difficult to judge, nor can I determine which of the two
is to be reputed chief and head of the M'Dowalls, who are undoubtedly the re-
presentatives of the old Lords of Galloway, until such time as clearer docu-
ments and more pregnant reasons be offered by each of the respective parties.
In witness whereof I have subscribed thir presents at Edinburgh, the 22d of
March 1722, written by David Tullideph, apprentice to Mr James M'Euen,
bookseller in Edinburgh, before these witnesses, Alexander Nisbet, Esq; pro-
fessor of heraldry, the said Mr James M'Euen, and the said David, writer
hereof."

Mr RICHARD HAY.

Ja. M'Euen, w'itness.

David Tullideph, witness.

Alexr. Nisbet, witness.

Vol. it. 5 K

APPENDIX.

KELSO OF THAT Ilk in the county of ayr.

ALL antiquaries agree, that the most ancient surnames are local with a de be-
fore them, and have been assumed by the proprietors when fixed appellations be-
came hereditary : Thus the ancient possessors of the lands of Kelsoland, in the
bailiary of Cunningham and sheriffdom of Ayr, took a surname from their own
lands, according to the common custom of others amongst us.

But that the antiquity of the family of Kelso may not be asserted without a
sufficient document, we find that the Kelsos of this race were very early possessed
of these lands from the chartulary of the abbacy of Paisley («}, to which they
were benefactors.

John Kelso, Dominus de Kelsoland, as he is designed, flourished under King
Robert IL the first of our kings of the Stewartine line, who came to the throne
in tlie year 1370 (i), and was allied by marriage with a lady of the noble family
of the Livingstons of the house of Callendar, the progenitors of the Earls of
Linlithgow, by whom he had a son, yobn de Kelso, who was his successor in his
estate. This John de Kelso, the father, " Dominus de Kelsoland, cum confessu
" Joannis de Kelso, filii sui et haeredis apparentis et Elizabethae Livingston, spousa;
" Joannis senioris," gave, " Deo et ecclesie sancti Maria: et sancto Jacobo de Pas-
" let, terras suas de Langlebank, inter terras de Kelsoland et Largs, pro salute ani-
" marum suarum antecessorum et successorum suorum in perpetuum (<;}." This
moitification bears date the 5th of January anno dom. 1403, the 30th year of the
reign of King Kobert lU.

This last John was succeeded by Thomas Kelso of Kelsoland, who is designed,
in a charter granted by King James IL the fourth day of September 1444, under
the Privy Seal, " Loco magni sigilli, tanquam senescallum Scotias Thoma? de Kelsa
" de Kelsoland, nepoti et haeredi quondam Joannis de Kelso de Kelsoland," upon
his own resignation (d). This Thomas Kelso of Kelsoland was aUied by marriage
with the ancient family of the Boyles of Kelburn, progenitor of the present Earl of
Glasgow; which family at the same time intermarried, and made a double alliance
with the family of Kelsoland. He was succeeded by

John Kelso of Kelsoland his son, who, I think, was allied by marriage with
the Stewarts of Fynock, who was a brother of the House of Bute {/), and had

Thomas Kelso of Kelsoland his son, who has a charter under the Great Seal of
King James V. as Prince and Steward of Scotland, wherein he is designed 7z//ofj;
haeredi 'joannis de Kelso de Kelsoland. This charter is dated in the year of our Lord
1521 (/). It does not appear to me when this gentleman married, but he left a
son to succeed him, viz.

Thomas Kelso of Kelsoland, who was infeft in his estate, and heir to his father,
the loth of November 1536 (^). He married Jean Eraser or Frissel, a daughter
of the ancient family of the Frissels of Knock in the shire of Ayr, and left issue,
Archibald, his son and successor, and a daughter Giles, who was married to Hugh
Crawfurd of Cloverhill, and had issue.

Archibald Kelso of Kelsoland, son and heir of Thomas Kelso of Kelsoland,
was infeft as heir to his father the loth of November 1567 (/j). He married
Margaret Stewart, daughter of James Stewart of Ardgowan and Blackhall, by
Janet his wife, daughter of George Maxwell of Newark, by whom he had David
'his successor, and a daughter married to John Stewart of Ascog, and had issue.

David Kelso of Kelsoland was infeft in the lands of Kelsoland, as heir to his
father, the 2d of November 1601 (z). He had Archibald his eldest son, who mar-
ried Sarah Brisbane, daughter of Matthew Brisbane of Roslin, but had no issue ;

(o) The chartulary or register of the abbacy of Paisley, now in the custody of the Right Honourable
the Earl of Dundonald. {b) Buchanan, Boethius, Lesley, and our other historians. (f) Chartulary of
the abbacy of Paisley before cited, from whence the author of this memorial drew this note. (d) Sign-
ed inventory of the writs and charters of the lands of Kelsoland, which the author has in his hands.
{/) Charta in publicis Archivis, ad annum 1445. (/) Signed inventory of the writs of Kelsoland, in
the hands of the author of this memorial, (f) Ibidem, (h) Ibidem. (;) Ibidem.

APPENDIX. 10.^

she was afterwards married to Sir William. Mure of Rowallan. He was succeed-
ed by

Robert Kelso of Kelsoland, who was infeft in the estate of Kelsoland in the
year 1613 (1^). This gendeman having no issue of his body, sold his estate, in the
year of God 1624, to Patrick Shaw, second son to John Shaw of Greenock. He mar-
ried Jean Montgomery, daughter of Adam Montgomery of Broadston, and sister to
Hugh Lord Viscount Montgomery of Airds, of the kingdom of Ireland ; but he
dying without issue, was succeeded by his nephew Hugh Shaw of Kelsoland, who
sold the lands of Kelsoland to the heir-male of the House of Kelsoland, Robert

Kelso of Halrig, anno 1632 (/). He married Osburn, daughter of John

Osburn, Provost of Ayr, and had John Kelso, late Surveyor of the Customs at
Port-Glasgow, and William Kelso of Dalkeith, Writer to the Signet, who mar-
ried Mary, daughter of John Dunlop of that Ilk, by Antonia his wife, daughter
and sole heir of Sir John Brown of Fordel, and has William Kelso of Dalkeith
his son and heir, who carries the coat of arms of the ancient family of the Kelsos
of Kelsoland, of which he is undoubtedly the heir-male and representative.

ACCOWE OF THE PEDIGREE AN'D DESCENT OF WILLL\M COPL-\ND CI-'

Colli ESTON.

TO clear which, it is fit to relate the circumstances that the kingdom of Scot-
land was in with her neighbouring nations of France and England, as follows :

Edward III. King of England, pretending right to the crown of France, he, in
prosecution of the same, sent over an army into France, where his valiant son
prince Edward, commonly called the Black Prince, gave the Frencli a great
overthrow at the battle of Cressy. Thereafter, anno 1346, King Edward sat down
before Calais with a strong army and besieged it ; to divert whom, Philip King
of France, knowing the city to be of great importance, sent his ambassadors to
Scotland, to persuade King David in performance of the old league and alliance
that was betwixt France and Scotland, to denounce war against England ; to
which King David too easily consented, and, by his proclamation, ordered all his
subjects who were fit to bear arms, betwixt sixty and sixteen years of age, to
attend his host, out of whom he raised an army of sixty thousand men, in which
army there were two thousand men at arms of noblemen and 'gentlemen ; and
upon the 6th of October 1346, King David with that army entered Northum-
berland, burning and destroying all before him. Upon which Q_Lieen Philippa,
wife to King Edward III. came down to tlie North of England, and caused
Percy Earl of Northumberland, who was then English Governor and Warden of
the East Borders, (with the assistance of the bishops of York and Durham, and all
the English noblemen in the North of England) gather together all the forces he
could to join these forces she had brought down with her, and which her hus-
band King Edward had sent her over from the siege of Calais, where he still
continued : and the English and Scots armies meeting, they fought a cruel battle
at Neville's Cross, near to Durham, upon St Luke's day, being the i8th of Octo-
ber, and year foresaid, where the Scots army received a lamentable overthrow,
the greatest part of the nobility and gentry being either slain or taken prisoners j-
King David himself fighting vahantly, was taken prisoner by John Copland, Esq.
in Northumberla'id, who, before he could take and disarm the king, had two of
his teeth struck out by the king's gauntlet. Immediately after tlie battle, John
Copland conveyed Mng David to his castle of Ogle; and being ordered by Queen
Philippa to deliver up his royal prisoner to her, he absolutely refused it, and sent

(i) Signed inventory of the writs of Kelsol.ind, in the hands of the author tf this memorial.
(/) Ibidem. The inventory of the writs oat of which this account is drawn, anil were in the 163S-
given up to Pvobert Kelso of Halrig,

104 APPENDIX.

her a very resolute answer, to wit, " That as for the King of Scots he would b&
" answerable for his safe keeping, but would deliver him to no body except to his'
" Sovereign Lord the King, or his express orders." Whereupon Q_iieen Philippa
complained to King Edward who was lying then before Calais. John Copland
being commanded to repair thither by King Edward, gave such a modest and
loyal answer to the complaint given in against him, that King Edward ordered
L.50G Sterling a-year to be settled on him and his heirs for ever; and until the
grant of land was settled on him and his heirs, he had L. 500 yearly paid him
oat of the customs of London, and those of Berwick-upon-Tweed; and it appears
upon record, that John Copland was then made a knight banneret Stow's Chro-
nology, page 243. Sir John Copland being returned mto England, and being or-
dered to deliver up his royal prisoner to the Qiieen, who was then at York, he
guarded him thither from his own castle of Ogle with twenty thousand men, con-
bistirig of his friends, tenants, and the militia of the Northern shires, and de-
livered King David up to the Queen, and at the same time made his excuse be-
fore her and the council in so dutiful and discreet a manner, that they were all
very well satisfied with his conduct in that affair. Sir John Copland shortly after-
wards had several lands assigned him near to VVooler in Northumberland, which
do bear his surname to this day, and got likewise lands in Cumberland near to
Keswick, where are the Copland Fells, and the Copland Isles, and lands about
Donnghadee in Ireland. King David continued prisoner in England for the space
of ekven years, until he was ransomed for one hundred thousand merks. Sterling;,
and, in the mean time, tlie English overran and possessed themselves of the coun-
tries of Merse, Teviotdale, Lauderdale, Ettrick Forest, Tweeddale.Eskdale.Nithsdale,
Annandale, and Galloway, the length of Cockburnspath and Soutrahills on the east,
and, on the west, the length of the head of Clyde ; and the English at that time
strongly garrisoned almost all the fortresses in Scotland, esiiecially Roxburgh and
Hermitage.

Copland of Collieston, being descended from Sir John Copland, bears for his
arms, quarterly, first and fourth quarters, guiles, thi-ee mullets or ; second and
tiiird, argent, a shak^fork j-aZ>/if ; crest, a horseman in armour brandishing a sword:
motto, Vici. Which arms have been so borne by him and his predecessors of a
long time.

The above memorial is vouched by Hector Boethius, and Buchanan's History of
the Kings of Scotland, and by Tyrrell, Echard, Baker, and Drake, and other his-
torians of those times.

BORTHWICK Lord Borthwick.

THE first of this ancient and noble family came from Hungary to Scotland, in
the retinue of Queen Margaret, in the reign of Malcolm Canmore, anno Domini
1057.

Thomas de Borthwick is mentioned in a charter of Robert Lauder of Quar-
relwood, in the reign of King Alexander II.

In the reign of Robert III. Sir William Borthwick. got the lands of Catkune,
which he called after his own name Borthwick. Sir IVilUam de Borthwick ob-
tained a charter from Robert Duke of Albany, upon a resignation of Walter Scott, of
the landsof Toftcoat in the shire of Selkirk. (Had. Collect.) Sir Wilham Borthwick
deeodem, miles, got a charter from King James I. 1430, of the Lands of Borthwick,
with a licence to build a castle, as the charter bears, " ad construendam arcem in
" illo loco qui vulgariter dicitur le Motte de Loquharrat intra vicecomitatem de
" Edinburgh." (Had. Collect, p. 76.) He built the castle of Borthwick after the
Hungarian form, in remembrance of his origin, and it is an extraordinary building: the
walls thereof being so thick as to admit a room to be taken out of the thickness.
I

APPENDIX. J.05

The hall is so large and high of the roof that a man oil horseback may turn a
spear in it with all the ease imaginable. There is, in the burial place of the
family, two fine large statues of marble of one of the lords of Borthwick and his
lady, with smaller statues of their children.

This family was dignified with the title of Lord Borthwick in the beginning of
the reign of King James 11. as appears by a charter from the said king, dated Ja-
nuary 8. 1458, registered in the records of Parliament. The tenor whereof fol-
lows.

" JACOBUS, Dei Gratia, Rex Scotorum, omnibus probis hominibus totius terras
*' suae, clericis et laicis, salutem. Sciatis nos dedisse, concessisse, et ha?c present!
" carta nostra confirmasse, dilecto consanguineo nostro Willielmo Domino Bortii-
" wick, omnes et singulas, terras de Glenegle, cum pertinentibus, jacentes infra
" vicecomitatem de Berwick ; quajquidem terrae, cum pertinentibus, fuerunt di-
" lects nostrs Mariotse de Pringle haereditaria3, et quas eadem Mariota, noa vi
" aut metu ducta, nee errore lapsa, sed sua mera et spontanea voluntate, in sua
*' pura viduitate, in manus nostras, apud monasterium sanctae crucis de Edin-
" burgh, per fustum et baculum sursum, redidit, pureque, simplicter resignavit, ac
" totum jus et clameum, que in dictis terris cum petinentibus, habuit, seu habere
" potuit, pro se et hasredibus suis, omnino quiete clamavit, in perpetuum, tenend.
" et habend. dictas terras de Glenegle cum pertinentibus, predicto Willielmo
" Domino de Borthwick, et haeredibus suis, de nobis, hasredibus et successoribus
♦' nostris, in feodo et hsreditate, in perpetuum, per omnes rectas metas suas anti-
" quas et devisas, prout jacentes in longitudine et latitudine, cum omnibus et sin-
" gulis libertatibus, commoditatibus, et asiamentis, ac justis pertinentibus suis
" quibuscunque, tam non nominatis, quam nominatis, ad dictas terras, cum per-
" tinentibus spectantibus, seu quovis modo juste spectare valentibus, in futurum,
" et adeo libere, quiete, plenarie, integre, honorifice, bene, et in pace, in omnibus
" et per omnia, sicut dicta Mariota, aut predecessores sui, praedictas terras, cum
" pertinentibus de nobis, aut predecessoribus nostris, ante dictam resignationem
" nobis inde factam, liberius tenuit seu possidet, tenuerunt seu possiderunt, faci-
" endo inde annatim dictus Willielmus et haeredes sui nobis, haeredibus et succes-
" soribus nostris, servitia de dictis terris debita et consueta : In cujus rei testimo-
" nium, presenti cartse nostroe, magnum sigillum nostrum apponi prscipimus.
" Testibus reverendis in Christo patribus Georgio episcopo Brehinen. cancellario
" nostro, Thoma episcopo Gandidaecasie nostri secreti sigilli custode, dilectis con-
" sanguineis nostris Jacobo Domino Livingston Magno Camerario nostro, Thoma
" Domino Erskin, Patricio Domino le Graham, Willielmo de Moravia de TuUi-
" harden, et Magistro Joanne Arrois, Archediacano Glasguen. Secretario nostro.
" Apud Edinburgh, octavo die mensis Januarii, anno Domino millesimo quad-
" ringentesimo quinquagesimo octavo, et regni nostri vicesimo secundo."

The Lord Borthwick, in the Parliament 1469, holden at Edinburgh by King
James III. present, is ranked before the Lord Abernethy, and after the Lord Hali-
burton. In the Parliament 1471, he is the fourth lord of Parliament ranked im-
mediately before the Lord Glammis.

The following charters are to be found in the Records of Parliament.

Charter of apprising William Lord Borthwick of the lands of Lochwarret.
[2d Charter King James III. id Book, No. 34.]

Charter William Lord Borthwick of the lands and moat of Lochwarret, Mid-
dleton, and Buteland, lands of Borthwick, Legerwood, and Heriotmuir. [3d
Charter King James V. 28th Book, No. 157.]

Charter of confirmation John Lord Borthwick of the lands of Cublavv, Over-
Lugats, Nether-Lugats, Gilraerton, Over-Shiels, and Nether-Shiels. [4th Charter
by Queen Mary. 30th Book, No. 226.]

Charter of confirmation William Lord Borthwick of the lands, lordship, and
barony of Borthwick, the moat of Lochwarret, lands of Middleton, Heriot, and
Heriotmuir. [5th Charter by King James VI. 33d Book, No. ^^.']

Vol. 11. 5 L

io6 APPENDIX.

Charter John Lord Boithwick of the lands and barony of Heriotmuii,
and Kirk-lands of Lochwarret. [6j:h Charter by King James VI. 46th Book,
No. 359.]

Charter John Lord Borthwick of the lands and barony of Heriotmuir. [7th
Charter by King Charles L 57th Book, No. 338.].

The family of Borthwick formerly possessed a very great estate, besides a great
many superiorities of lands, besides whole closes in several of the largest towns in
Scotland ; as for instance, in Edinburgh, Borthwick's Close belonged to the Lord
Borthwick, whose family has been very great in former times; but I cannot here
be particular about what offices or employments the lords of this name did bear
under the different reigns to which they were cotemporary, not having seen any
of the original writs of the family. But it appears by the honours on the es-
cutcheon in the burial-place of this noble family, that it has been very illustrious
in its alliances. The last lord of this name, John Lord Borthwick, was married to
Lady Elizabeth Ker, a daughter of the Marquis of Lothian ;. he died soon after
the Restoration.

William Lord Borthwick, as superior of the lands of Nenthorn in the shire of
Berwick, grants a charter to his second son, Alexander Borthwick, upon the resig-
nation of James Wilson ; which instrument of resignation is dated June the 27th
1495 ; but the charter is so much torn that the sense of it cannot be well con-
nected ; and in the instrument of resignation of the said lands are these words :
" Super quibus omnibus et singulis Alexander Borthwick, filius dicti Wilielmi
" Domini Bprthwick, a me notario publico sibi fieri petiit hoe presens public.
** insti umentum, acta erant hsc infra burgum de Edinburgh, in hospitio dicti
♦' Domini Borthwick, hora quarta post meridiem, vel eo circa, sub anno die mense
" indictione et pontificat. Supra presentibus ibidem Alexandro Borthwick fratre
" dicti Domini Borthwick, magistro Thoma Greenlaw vicario de Arth, cum di-
" versis aliis testibus," &c.

John Lord Borthwick, son of William Lord Borthwick, grants sasine of the
lands of Scholle and Compasslack to William Borthwick of Soltray, son of Wil-
liam Borthwick of Soltray, his cousin-german, son of the said Alexander Borth-
wick of Nenthorn ; which sasine is dated May the 20th 1550, and is to this purpose :
" Nobilis et potens Dominus Joannes Dominus Borthwick, ad instantiam honora-
" bilis viri Wilielmi Borthwick de Soltra, filii et haeredis quondam Wilielmi Borth-
♦' wick de Soltra sui patris, ad omnes et singulas terras de Scholia et Compasslac,
'• cum suis pertinentibus, jacentes in dominio de Waddaill, et vicecomitatu de
" Edinburgh, et ibidem prefatus Wihelmus Borthwick, quoddam prsceptum sa-
" sinse dicti Domini, ut supra subiens sigillo pergameno scriptum, &c. Joannes
" Dominus Borthwick et Dominus superior terrarum subscriptarum, &-c. quia
" mihi clare constat per authentica documenta, quod quondam delectus meus
" consanguineus Wihelmus Borthwick de Soltra, pater Wilielmi Borthwick laterii
" presentium, &-c." The said William Borthwick redeems his lands of Nenthorn,
that were wadset to Helen Heriot, daughter of James Heriot of Trabrown, as
appears by the instrument of renunciation, dated May 7. 1582, in favour of the
said WiUiam Borthwick, who had several sons ; the eldest, whose name was Wil-
liam, designed of Johnstonburn, was a colonel in the Swedish servi&e under Gusta-
vus Adolphus ; the second, whose name was Alexander, was factor for his brother
during his absence abroad in Sweden. Major William Borthwick, eldest and only
son of the said Colonel William Borthwick, raised a company of men in defence
of his Majesty King Charles L The said Major Borthwick had several sons, the
eldest of whom was Colonel WilHam Borthwick of Johnstonburn, who changed
his own regiment, under British pay, for a Dutch regiment, with the present EarL
of Stairs, then Lord Dalrymple, and was unforunately killed at the battle of Ra-
millies ; he died, and all his brothers, without issue.

Alexander Borthwick. in Johnstonburn, second son of William Borthwick of
Soltray, had several sons, the eldest whereof was William Borthwick of Mayshiels
or Pilmuir, who married a daughter of Mr Henry Stewart, advocate, a younger son
of the family of GrandtuUy, by whom he had Captain Henry Borthwick of Pil-
muir, whose son, Henry Borthwick of Mayshiels, is the nearest heir-male and re-
presentative of the family of the Lord Borthwick.

APPENDIX. ro7

John Borthwick. of Newbyres, descended from the Lord Borthwick, married
Margaret Borthwick, one of the daughters of Johnstonburn, who had two sons to
him, to wit, James and John Borthwicks; the said James Borthwick, one of the
sons of Newbyres, married a daughter of Murray of Blackbarony, who had to him
a daughter called Elizabeth, who was married to the Earl of Haddington and
Melrose, and had to the said Earl two daughters ; the eldest was married to Lord
Lindsay in Fife, and had to him John Lindsay Earl of Crawford, Lord Treasurer
of Scotland, and a danghter who was married to Scot of Ardrose ; and, after the
death of the said Lord, she married my Lord Boyd, and had to him one son and
six daughters ; the son was married to a daughter of the House of Wigton, but
died without children; the eldest of the six daughters was married to Morison of
Prestongrange, the second was married to Sinclair of Stevenston, the third was
married to Dundas of Arniston, the fourth was married to Sir William Scott of
Martin, the fifth married to Morison of Dairsie, and the sixth daughter died
unmarried. The foresaid second daughter, procreate betwixt the foresaid Earl of
Haddington and Ehzabeth Borthwick his lady, was married to the Lord Ogilvie,
no.v EarLof Airly, and had three sons, and one daughter, who was married to
Urquhart of Meldrum.

The Lord Borthwick bears co-gent, three cinquefoils sable, supported by
two angels, winged or ; crest, a negro's head couped : motto, ^n conducit.

Borthwick. of Mayshiels, as descended of my Lord Borthwick, the same as
he, but charges the shield with a heart proper ; crest, an eagle essorant, proper :^
m.otto. Nee deerit operi dextra; as in the Lyon Register 1673.

ERASER Lord Lovat.

SOME antiquaries of no small name assert, that the noble family of the Era-
sers are of a French origin ; others again say, that they are one of our great Scots
families that assumed the surname of Fraser from the figures in their arms, the
fiases, when surnames began to be hereditarily fixed amongst us : Be this as it
will, it is plain fro4n authentic vouchers, that are still preserved, that, in the reign
of King Malcolm IV. they are passest of many lands in the south, in the county
of Tweeddale and elsewhere, and were high sheriffs of the shire of Peebles, then
designed vicecomes de Traquoqueir. In the time of King Alexander II. they
are then spread into many numerous- and noble branches ; Sir Simon Fraser
was the liead of the family ; one of his younger brothers was the celebrated Bishop
Fraser of St Andrews, who was one of the Lords of the Regerycy of Scotland, after
the death of King Alexander III. and another was Sir Andrew Fraser, High Sheriff
of the county of Stirling, so much celebrated in the history of those times. This
Sir Simon Fraser, Lord of Oliver Castle, the father, and Sir Simon the younger,
his son, are both mentioned amongst the magnates ScoticE in the Feedera Anglite,
in the great transactions of settling the crown after the death of the young queen,
called the Maid of Norway, 1292. They were both noble patriots, and we may
venture to say the son surpassed all others in his time, for valour, magnanimity,
and true fortitude ; our historians mention, that, but with a handful of brave reso-
lute Scotsmen, he defeated three several bodies of the English, far surpassing him in
number, in different battles, in one day at Roslin muir near Edinburgh, for which
they extol him to the very skies, as the greatest patriot of his country, next to
the famous Sir William Wallace the Viceroy ; and indeed he had the same fate
with Sir William ; for, in the course of the war, falhng into the enemies' hands;
he was, by order of King Edward I. sent prisoner to London, where he was execut-
ed as a traitor, in the very same manner that Sir William Wallace, his faithful
Achates^ was, for no other crime, but resolutely persisting in the defence of the
hberties and independency of his country, when they were so eminently invaded
by our powerful neighbours on the other side of the Tweed. This gallant hero

loS APPENDIX.

left behind liim a son, . who was taken prisoner by the English with his father, but
being too young to have been concerned in the war, his life was spared ; but, to
put him out of the way, and to do all they could to extinguish the memory of
his glorious father, they sent him over to France, where he fought in behalf of the
English, and being long unheard of, and supposed dead, his two sisters shared their
father's great estate betwixt them, being married into the families of Biggar and
Yester, v^hich gave occasion to the Marquis of Tweeddale and the earl of Wigton
to quarter the coat of arms of the Erasers in their acliievements to this time. At
length Sir Simon Fraser liearing of the great merit and good success of King Ro-
bert the Bruce, he found means to disengage himself from the English service in
France, and came over to Scotland, and joined the loyal party, to whom he could
not fail to be most acceptable, for the memory and merit of his father. Now it
was he claimed his estate, which, as has been said, was divided betwixt his two
sisters on the supposition that he had been long dead. But it seems Sir Patrick
Fleming and Sir Hugh Hay being unwiUing to part with so great an estate, which
they had so long possessed, and thought their own, and the king as unwilhng to dis-
oblige two men who had such a stock of merit with their sovereign. Sir Simon
Fraser, that he might be no occasion of embroihng the government, that was not
very firmly established, did so far prefer the peace of his country to his own in-
terest, that he acquiesced, and left his estate in the hands of his brothers-in-law.
However, the gracious king, to make him all the amends he well could, in lieu of his
estate in the south, gave him the lands and barony of Kinnell in Forfarshire, and
many others in Inverness-shire, which had mostly been in the crown ever since
the forfeiture of Sir John Bisset, for being alleged accessory to the murdering of
the Earl of Athol in the 1244, Scotichron. King Robert I. likewise married
him to his niece, a daughter of William Earl of Ross, by Lady Matilda Bruce his
sister, and gave him the three crowns, arms of concession, as a mark of his alliance
with the royal family ; so that the three crowns were never the Bissets' arms, as is
ignorantly pretended by those who would set up a female succession in the family
of Lovat. This Sir Simon Fraser, ever after this, commonly called the Knight of
Kinnell, was little inferior to his father for valour and loyalty ; he stuck firm to
King Robert all his life long, and was no less eminent and conspicuous in his l6y-
alty to his son King David II. For, on the breaking out of the war in the young
king's minority, on the invasion of Baliol, he, with other patriots, took the field
in defence of their rightful sovereign, and fought with great valour at the battle
of Duplin. He had also a great hand in taking and sacking the town of Perth,
which was then in the enemies' hands, but had the misfortune to lose his life the
year thereafter in the fatal battle of Halidonhill, in the year 1333, as Buchanan
says. This noble person left behind him a son named Hugh, who, by the bounty
of King David, when he came to reward the sons of those who had lost their lives
in his service, had the barony of Lovat ; for, by this title, Hugo Fraser Dominus
lie Lovat does homage to the Bishop of Murray for a fishing in the river of Forn,
which he held of that See, anno 1367. But there is no voucher that he married
any heir-female of the Bissets : For, in the reign of Alexander III. Sir David de
Graham, and Patrick Graham his son, have then the lands of Lovat, and not the
Bissets, who were, as all our historians agree, expelled the country long before
this time ; so we see how vain and groundless an imagination it is to place a female
succession of the Bissets in this noble family, as a precedent forsooth to divert the
succession out of the channel of heirs-male in the House of Lovat, in which it did
ever run, to estabhsh the succession to the honours in an heir of line ; but of this
enough in a memorial of this kind. He married Isabel, daughter of Wemyss of
that Ilk, by whom he had his son and heir Hugh Fraser Dominus de Lovat, that is.
Lord or Laird of Lovat ; for it is fit to know, that the appellation of lord or laird
in our old stile is one and the same ; and John, a second son, who was the first of
the Frasers of Knock in Ayrshire, of whom most of the prime gentry in those parts
are collaterally descended. He had also another son, of whom is descended the fa-
mily of Foyers and its cadets.

This Hugh is designed Dominus de Lovat, and Hugo Frisale de Lovat, his son, was
one of the hostages for the ransom of Ki"hg James I. as is vouched by the Fcedera
Anglia in the 1423. But it is plain he was no peer, nor had we any lords of Par-

APPENDIX. 1C5

liament, as distinct from other barons, who held of the crown in capite, before the
reign of King James I.

This Hugh Fraser Lord of the Lovat, as he is called, that is no more than Laird
of Lovat, in the 1416 married Janet, sister of William of Fenton, Lord or Laird
of that Ilk, by whom he got a great estate in land in Inverness-shire. The mar-
riage articles are in the old Scots language ; the parties contracting are designed
Hutcheon Fraser Lord of the Lovat, and William of Fenton, Lord of that Ilk :
But that this was no more than laird or proprietor of these estates is plain ; for,
in the 143 1, when King James I. ratifies the contract under the Great Seal, he
says, " Sciatis nos vidisse cartam Hugonis Fraser de Lovat, &• Willielmi Fenton
" de eodem :" So that it is clear that neither the parties are in the rank of lord's
of Parliament, but only of ordinary barons. This Hugh died about this time, and
was succeeded by his son

Alexander Fraser of Lovat. He died without issue-male in the 1430, and
was succeeded by Hugh Fraser of Lovat his brother, as he is designed in the re-
tour, as heir to Alexander Fraser of Lovat his brother; the voucher is in Hadding-
ton's Collections. This Hugh is the first lord or peer of this noble family : but
whether he was raised to be a lord of Parliament by King James II. or James HI.
is not so clear ; for we must knov/ that the lords of Parliament, about this time,
were not created by letters patent, as in after times, but by the king's naming the
person to be raised and advanced to the honour, to be a Baron and Banrent of
our Sovereign Lord's Parliament.

That this Hugh is the first Lord of the House of Lovat, is plainly vouched from
the public archives in the Parliament-house ; for there is a charter confirmed by
King James III. ratifying a charter by Hugo Dominus Fraser de Lovat, ac Baronix de
Kinnell, to John Stirling, of some part of the barony of Kinnell, in the year 1476,
of which the Lord Lovat was superior ; which is sufficient to instruct, that the fa-
mily of Lovat were then, and might have been before, in the rank and quality of
lords of Parliament. This noble lord allied by marriage with the House of Glammis,
the ancestor of the Earl of Strathmore, by whom he had tW'o sons, Thomas, his
heir, and Alexander, of whom is descended the family of Faraline, and its nume-
rous branches.

Thomas Lord Fraser of Lovat, who is invested in his estate as heir to Hugh
Lord Fraser of Lovat his father, in the year 15QI. He allied by marriage with
the family of Huntly, by whom he had a son, Hugh, his heir, William of Kilbokie,
and James of Belladrum, whose male issue are spread into many branches of Erasers
in Inverness-shire. He married again with the house of Gray, by whom he had a
son, who was the first of the Erasers of Brackie and Kirkhill.

Hugh, the next Lord Lovat, married Anne, daughter of James Grant of Ereuchie,
Laird of Grant, and had Hugh his heir apparent, who died without issue. He
married to his second wife Anne, daughter of David Ross of Balnagovvn, heir-
male and representative of tlie ancient and illustrious family of the Earls of Ross.
Ot this marriage he had Alexander his heir, and William of Struy, of whom are
descended several of the families of the Erasers in Inverness-shire. He had also
another son, of whom is descended the family of Relick, of which Fraser of Gort-
leg is a branch. This Lord Hugh was slain in a bloody conflict betwixt him and
the M'Donalds, at a place called Lochlochy, the 15th of July 1544, of which
Buchanan makes mention, and speaks of the Erasers with great honour, as a fami-
ly that, upon all occasions, had merited highly of their country.

Alexander Lord Lovat married a lady cf the Campbells, of the illustrious
House of Argyle, and had Hugh, his heir and successor ; and of his younger sou
Thomas, tutor of Lovat, are several families of the Erasers lineally come, particu-
larly the families of Strichen and Ardachie.

Hugh the next Lord Lovat married Ehsabeth, daughter of John Earl of Athol ;
her mother was the Lord Fleming's daughter ; she was afterwards Countess of
March, and last of all Countess of Arran. She bore to the Lord Lovat a son

Simon Lord Eraser of Lovat, who was in a high degree of favour with King
James VI. Upon the death of the Earl of Athol, his uncle, in the 1594, when
that dignity became extinct, on the failure of the heirs-male, this lord had the
ofiiT of the title of Earl of Athol. but he declined accepting of the honour, as a

Vol. IL ' .5 M

no APPENDIX.

sinking of his own title of Lord Lovat, which he could not think ot ; and, upon
that, the title, honour, and dignity of Earl of Athol was, de novo, conferred
on the Lords Innermeath, as being a Stewart, and originally of the same blood
with the Earls of Athol, as the letters patent bear, still extant m the archives.
This noble lord married first with a lady of the House of Kintail, by whom he had
Hugh the next lord of the family. He married next Jean, daughter of James Lord
Doune, paternal ancestor of the present Earl of Moray, by whom he had two sons,
of whom two different branches of the House of Lovat are descended, viz. the fa-
milies of Inneralachy and Brae.

Hugh Lord Lovat matched with the Earl of Wemyss's family ; her mother was
the Lord Doune's daughter, and sister to the Earl of Moray, by whom he had
Hugh, Master of Lovat, who died before his father, but left a son by his wife, who
v.as General Leslie's daughter, the first Earl of Leven.

Hugh, who succeeded his grandfather, married a sister of the Earl of Cromarty,
by whom he had

Hugh, who married the Marquis of Athol's daughter ; but dying without issue-
male the 14th of September 1696, the title, honour, and dignity of Lord Lovat,
according to the uniform practice and descent of ancient lord barons, devolved on
his great uncle,

Thomas Lord Eraser of Lovat, second son to Hugh Lord Lovat, and Lady
Isabel Wemyss his wife aforesaid. He married with the family of M'Leod of that
Ilk, by whom he had fourteen children, ten of whom died young ; his eldest son,
Mr Alexander Eraser, died in his 25th year, universally lamented, being one of
the brightest, and every way best accomplished young gentlemen that ever this
noble family had at any time produced ; Simon Lord Lovat, Mr John Eraser who
died a batchelor in the 1716, and a daughter Sybilla,

Simon the present Lord Lovat, succeeded his father in the honour upon his death
in 1698. His lordship has acted and suffered much for his country and family
ever since his accession to the honour ; so that he may well be called the rebuilder
of his house, and the restorer of his family, which is one of the things in the
world he has most at heart. He married Margaret, daughter of Lodovick Grant
of that Ilk, by whom he has two sons,

Simon, Master of Lovat, and Mr Alexander Eraser ; also two daughters, Janet
and Sybilla, and a son and a daughter dead of the same marriage.

MORAY OF Abercajrny.

IN the First Part of this work the armorial bearing of Moray of Abercairny
was, by a mistake, wrong inserted ; for the cheveron, which shows their alliance
with, and descent from, the old Earls of Strathern, is not carried between the tliree
stars, (their paternal coat) but is quartered with it ; as they are to be found re-
corded in the Lyon Office, where they stand thus matriculate, viz. Moray of Aber-
cairny carries two coats quarterly, first and last azure, three stars argent, within a
double tressure counter-flowered or, second and third or, two cheverons gules,
above the shield an helmet befitting his degree, with a mantle gules doubling
argent, and on a wreath of his colours is set for his crest an earl's crown surmount-
ed of a star of twelve rays argent, and, on an escrol above, this motto, Suns tncbe,
and in another below, Tanti talem genuere parentes, supported by two eagles
proper.

For understanding the reason of this bearing, we are to observe, that Sir John
Moray of Drumshergard, a son of the ancient House of Bothwell, (of whom in the
First Volume, page 249) married Mary, daughter to Malise Earl of Strathern,
with whom he obtained the lands of Abercairny, Ogilvie, Glensherop, &.c. as was
also observed in the First Volume, page 250.

APPENDIX. lit

This Sir John Moray of Drumshergaid, the direct paternal ancestor of the
present Aberciiirny, had, by Mary his wife aforesaid, three sons, Sir Maurice, Sir
Alexander, and Walter.

Sir Maurice Moray of Drumshergard, being a person of much merit, was a great
flivoLtrite of King David II. as appears, among other instances, from this which
follows. Joanna Countess of Strathern, the only daughter and sole heir of Malise
Earl of Strathern, the uncle of Sir Maurice Moray, having married the Earl of
Warren, an English lord, was by that means drawn into a conspiracy against King
Robert I. for which she was forfeited, and the earldom of Strathern for some time
vested in the crown. But King David II. King Robert's son, in consideration of
the great service of Sir Maurice Moray (who, upon failing of the issue of Earl
Malise, his mother's brother, had now the sole right of blood to that earldom)
reversed the forfeiture, and conferred the earldom of Strathern upon the said
Sir Maurice Moray, who was accordingly, with great solemnity, girt with the
sword of the said earldom, on the 9th of February, anno 1343, t^pud cns-
trum puellarum; as Sir James Balfour from the records of King David in-
forms us.

Sir Maurice Moray, now Earl of Strathern, accompanying his master King
David in his second expedition into England, was there slain at the battle of Dur-
hajn, on the 17th of October 1346, and, leaving no issue of his own body behind
him, his brother Sir Alexander Moray of Drumshergard succeeded to his paternal
estate, and the earldom of Strathern returned again to the crown ; for, as Sir
James Balfour observes, it was given to him and his heirs-male to be begotten of
his own body, " quibus deficientibus," that the said earldom should return to the
crown, " in eo statu et integritate quo earn reliquerat Malisius quondam Erneval-
" lensis comes."

This Sir Maurice, upon his accession to the Earldom of Strathern, and in right
of his mother, quartered, with his paternal coat, the arms of the old Earl of
Strathern his uncle, viz. or, two cheverons gules ; and his brother Sir Alexander
Moray, who succeeded him in his paternal estate of Drumshergard, Abercaivny,
&-C. had the same right of blood to the earldom and arms of Strathern which
his brother Sir Maurice had, with this additional merit, that his brother the Earl
had been killed in the king's service at the battle of Durham ; but the king hav-
ing been long detained prisoner in England, after that unfortunate battle where
his Majesty was taken prisoner, Sir Alexander Moray had not so ready access to
put in for so just a claim, and this gave Robert Earl of Carrick, Lord High Stew-
ard of Scotland, and afterwards King, time and opportunity to apply to King
David his uncle, for the estate and earldom of Strathern, which his Majesty was
pleased to bestow on him. However, Sir Alexander Moray retained in his bear-
ing the arms of the old earls of Strathern, for the reasons above mentioned, and
which his successors in the House of Abercairny do carry to this day, as may be
seen dehneated in the Plate of Achievements.

There is likewise another mistake in the First Part of this work, page 249, by
which the author makes John Moray of Ogilface, who grants a charter to the
convent ef Holyroodhouse in the year 1409, with his seal appended, bearing a
fesse between three stars, 2 and i, to be the paternal ancestor of Sir Robert Moray
of Abercairny.

It is like the resemblance of the titles of Ogilvie and Ogilfae has led our au-
thor into that error ; for I am well informed, that John Murray of Ogilfae, who
granted the charter, and carried the arms above mentioned, was k distinct branch
fif the Morays, and is now extinct ; whereas the ancestor of the deceased Sir Ro-
bert Moray of Abercairny, at the date of the charter, is distinctly known by ano-
ther name than John, and by the titles of Drumshergard, Abercairny, and Ogilvie,
and none of that family, whose succession is clearly documented, and is still extant
in the person of William Moray of Abercairny, ever carried their arms with a fesse,
as mentioned by our author.

APPENDIX.

CORSANE OF Meikleknox*.

THIS surname and family have it handed down from age to age, that the first
of their ancestors, in Scotland, was an Italian gentleman of the Corsini family, who
came into this realm with an abbot of New-Abbey, or Ditlce Cor, in Galloway,
about the year 1280. This abbey was founded by Dornagilla, one of the three
daughters and co-heirs of Allan Lord of Galloway, and wife to John Baliol
Lord of Bernard-Castle, and mother to John Baliol, who was sometime King
of Scotland ; she founded also the Franciscan monastery at Dumfries, in anito
1262.

Among many other instances that might be given of this ancient name and
family of Corsanes, appearing from authentic vouchers, this is one : Sir Alexander
Corsane is witness to a charter granted by Archibald called the Gmn or Austere
Earl of Douglas, to Sir John Stewart Laird of Gryton, of the lands of Cahe ; though
the charter is without date, yet it must necessarily have been before. the year
1400, when the granter of that charter died.

The principal family of Corsane was designed of Glen, which, in the reign of
King James IV. went off with Marion, the daughter and only child of Sir Robert
Corsane of Glen, by marriage to Sir Robert Gordon, who thereupon assumed the
title of Sir Robert Gordon of Glen, and came to be designed of Lochinvar by the
death of Sir Alexander his elder brother, who was slain at the battle of Flodden
in anno 1504. And of that lady descended lineally the barons of Lochinvar and
viscounts of Kenmure.

Sir John Corsane, an early cadet, and next heir-male of this family of Glen,
settled at Dumfries, where he increased in riches and honour, and had a lineal
succession of heirs-male for eighteen generations ; and that they were all of the
name John, has been constantly asserted by that family. Some of their brethren
were eccleijastics, particularly Dominus Thomas Corsanus, (designed perpetual vicar
of Dumfries) in a charter granted by him for some church-lands in Dumfries,
dated anno 1408.

That there were so many generations of that family, appears as well by other
vouchers, as by an excellent inscription on the funeral monument of John Corsane,
Provost of Dumfries, in the reign of King James VI. who was the thirteenth in
order descended from the said Sir John Corsane inclusive, in a direct masculine
course of succession.

This John Corsane was married to Janet Maxwell, one of the Lord Maxwell's
family, who bore him several children, particularly John, his eldest son and heir,
afterwards called Mr John Corsane, and Marion, who was married to Stephen
Laurie of Maxwelton, ancestor of Sir Walter Laurie of Maxwelton, baronet. He
was member of Parliament for the burgh of Dumfries in the year 1621, when the
five articles of the Perth assembly received the sanction of a law. Having in his
younger years executed the inferior offices of the magistracy in Dumfries, he was
provost of the said burgh forty-five years, died when he was aged seventy-five
years and an half, in anno 1629, and was buried with eleven of his grandfathers,
as appears by the said funeral monument erected to his memory that same year,
by Mr John Corsane, advocate, his son and heir ; upon which, with his coat of
arms, are many excellent inscriptions, in commendation of his learning, justice,
and other good qualifications ; of which the following are a specimen :

JOANNES CORSANUS.

f ascibus in nostra urbe, senex, reliquoque juventa
Functus honore, sub hoc clausus atro tumulo.

* The heir-male of this family is John Corsane, Esq. of Daluhat, in the parish of Glencairn and
shirq of Dumfries. E,

APPENDIX. XI J

ANAGRAMA. An sanus, Cor. senio >

Sanus et in sutnraa fueras, Corsane, juventa,
Sinus et in summo, Cor. fueras senio.

Corde tuo saiio, praecras dum, sive juventa,
Seu senio, res liasc publica sana stetit.

JOANNES CORSANUS.
EPITAPHIUM.

Ter tria fiitales et bis tria lustra sorores
Dimidiunique JEvo contribuere tuo.

Ter tria civiles humerum circumdare Faces
Lustra, dedit Sopliise gratia digna tuae.

Ter tribus ac binis, tandem prognatus eodein
Et lare, Corsanis contumularis Avis.

The said John Corsane being dead, as above, was succeeded in his lands and'
heritage by the said Mr John Coisane, advocate, his son, who a considerable time
before had married Margaret Maxwell, one of the daughters and co-heiresses of
Robert Maxwell of Dmwoody, a branch of the family of Maxwell, by whom he
had issue. John, his eldest son and heir, Helen, who was married to Herries of
Mabie, and several others. With the said Margaret Maxwell, his spouse, he got
the lands of Barndennoch, and being well pleased with the amenity of its situation,
after he had put his son John in possession of the lands of Meikleknox, he some-
times designed himself Mr John Corsane of Barndennoch. He was a very rich
man; for besides his country estates in Nithsdale and Galloway, it is credibly re-
ported he had a third part of the burgh of Dumfries, and lands thereto belonging,
either in property or superiority, which vouchers, still extant, confirm: And, in-
deed, there are many old houses there which yet bear the arms of the family, and
some of them are quartered with the arms of the families with which he and his
predecessors were matched. He was a considerable time provost of Dumfries,
about the time of the civil wars, and afterwards, when that place was attacked by
the royalists, which cost him dear. He outlived his said son John Corsane of
Meikleknox, and died in a good old age, ai/no 1671.

The said John Corsane married Jean Kirkpatrick, daughter to Sir Thomas
Kirkpatrick ot Cioseburn, by whom he had several children ; John, his eldest son
and heir; Charles, who was a captain in King Charles U. his army, and, being in
the garrison in Tangier, was wounded by the Moors in anno 1684; thereafter he
was advanced to be a colonel, married an Irish lady, and died abroad without issue;
Margaret, the eldest daughter of the said John Corsane, was married to James
Grierson of Larglanglee, a son of Sir Robert Grierson of Lag, and had several sons
and daughters. The said John died before his father, as above; but his widow,
Jean Kirkpatrick, lived till the year 1696, having that part of his fortune, by
which he was designed, as her jointure.

The said John Corsane of Meikleknox married Marion Maxwell, daughter to
James Maxwell of Tinwald, (branched from an immediate son of the illustrious fa-
mily of Maxwell) by his wife Elizabeth Gnerson, one of the daughters of the said.
Sir Robert Grierson of Laij; they had several children, John, his eldest son and
heir, Agnes, spouse to Mr I'eterRae, minister of the gospel at Kirkbride, and others,
who died unmarried. The said John Corsane died February 2. 1680, and was suc-
ceeded by his son John, who was then but eight years old; and Marion Maxwell,
his widow, died 5th November 1697.

His said son, John Corsane of Meikleknox, married, but died without any issue,
19th September 1717; however his wife being with child brought forth a son
some months after iiis decea^e, which was also called John, and made the eighteenth-
heir-male of that family of Corsane, by a lineal course of succession.

Vol. II. 5 N

4 14 APPENDIX,.

This child having died in February 1721, the right to that estate devolved on
the said Agnes, who had t'.velve children, whereof nine came to the age of men
and women. Robert Rae, her eldest son and heir apparent, is, by his mother's
special destination in anno 1731, with the special advice and consent of the said
Mr Peter Rae her husband, to succeed to- his maternal ancestors, and to assume
the surname of Corsane, and the arms of the family of Meikleknox, which he hath
done. She is the only heir of line, now alive, to her uncle Robert iVIaxwell of
Tinwald.

Blazon. — The ancient armorial bearing of Corsane of Meikleknox, in the stew-
artry of Kirkcudbright in Galloway, is urgent, on a fesse azure, a savage's head
erased, distilling drops of blood, ajid pierced through with two darts, disposed in
saltier, points downwards, all proper, betwixt three mascles in chief, and as many
mullets in base, gules; supported by two soldiers, armed cap-a-pee, each of them
carrying a target on their sinister arm, and both girded with swords ; he on the
dexter embracuig and holding up a spear, erected in pale, ensigned on the top
with a lion's h^ad erased, looking to the left; and he on the sinister bearing up
another spear also erect in pale, and ensigned with an eagle, all proper, and both
standing on a compartment: Above the shield an helmet befitting his degree, with
a mantle ^///^j, .doubled argent; and on a torce, or wreath, of his colours, is set,
for crest, an eagle crowned with an antique crown, and looking up to the sun in
his glory, all proper; and, for motto, on an escrol above all^ these words, Pramium
virtutis gloria.

A GENEALOGICAL ACCOUNT OF THE FAMILY OF CHALMERS OF BaLNECRAIG

AND Cults.

THIS ancient family of Balnecraig (still existing in the shire of Aberdeen)
bears for their armorial arms argent, a demi-lion rampant, issuing out of a fesse
gules, with a flower-de-luce in base of the last ; and, for crest, an eagle in a rising
posture, proper ; with the motto, Spero.

For instructing the said arms to be the particular coat of this family, they, at
this day, remain to be seen both cut on stone on their burial place, and carved on
wood on their seat within St Nicholas's Church of Aberdeen, whereon is also insert-
ed two ancient inscriptions ; the first whereof is, " Hie jacet providus & honorabilis
" vir Alexander de Camera de Murthil, prepositus hujus burgi de Aberdeen, qui
" obiit octavo die mensis Octobris, anno Dom. 1413." The other is " Alexan-
" der de Camera consulis ejusque familiffi multorum saeculorum prosapia ho-
" noribus, que conspicus requietorium &• cathedra, 1313." Which arms and
inscriptions are proven to be cut on the foresaid places, by the notorial attestation
of Robert Thomson and Walter Cochran, notars-public, as is clear from the ori-
ginal copy (which I did see) subscribed by them at Aberdeen the 12th November

1730-

But though the arms of this family be cut on their seat in the said church,
adorned with all suitable exterior ornaments, to which are added supporters, viz.
two angels, yet, on the consideration that the House of Balnecraig is of greater an-
tiquity than the usage of supporters in arms, it is more probable to think that this
addition has been but a fancy of the carver to decore his work, seeing the oldest
books of blazons we now have that are extant, though the above arms of this
family be therein recorded, yet nothing of supporters is to be found as proper
thereto.

As to the original of this surname of Chalmers in the north of Scotland, it is
most probable that they are a branch of the clan Cameron, from the affinity of
both their arms : And besides. Sir George Mackenzie, in his Genealogical Manu-
script of the Famihes of Scotland, tells us, " That one of this clan going to France,

APPENDIX. 11-

«■ put his name in a Latin dress, by designing himself Cdmcrnriiis, which in French
" IS De la Chambre, who, upon liis return to Scotland, according to our dialect,
" was called Chalmers; wliich tradition, says the said Sir George, is the more coii-
" fumed by the flower- de-luce earned in base in their arms ; which addition their
" predecessor has no doubt got when in France, for some meritorious action done
" there."

Again, as to the rise of the name Cameron, it hath certainly had its beginning
from an accidental note, particularly that their predecessor hath hud a wry no^e ;
for in the Irish tongue this name signifies as much: and from such accidental notes
the custom was, and is at present, in the Higiilands of Scotland, to assume sur-
names taken from particular marks in the face or body of the principal chieftain,
or leader of their clan, in imitation of the old Roman surnames, Caesar, Balbus,
Naso, 8ic. There are others again that derive the origin of this name from the
designation De Camera, or office of Chamberlain ; but that those of the surname of
Clialmers in the North have their name and descent from the clan Cameron, and
those in the South from the oflice of Chamberlain, will clearly appear by wliat
follows.

For in respect the ancient descent and origin of families cannot be so well found
out by surnames, as by their armorial bearings, (as all judicious antiquaries allow")
arms being of greater antiquity than surnames, it is then demonstratively evident,
that Chalmers of Balnecraig in the north, and that of Gadgirth in tlie southwest
of Scotland, are two distinct families, and descended from a different stock and
race of progenitors ; for though both these families retain the same name, yet by
their arms it appears they are descended of different ancestors, on the account
there is not one figure in the arms of the one that corresponds with the arms of
the other; for the clan Cameron carry two fesses gules for their arms, and Balne-
craig, as a descendant therefrom, bears one of these fesses agreeable in tincture ■
also; which figure, being generally taken by heralds to signify the military belt,
or girdle of honour, denotes the valour of their ancestors; whereas the arms of
Gadgirth are quite different, as will appear by the following blazon thereof, as it
stands recorded in the oldest register of arms in Scotland, authorised by Sir David
Lindsay of Mount, who was Lyon King at Arms to King James V. and confirmed
to be the true register of arms for Scotland, by the said King in council, the ori-
ginal copy being now in the Lawyers' Library at Edinburgh, ot which coat the
blazon follows, viz. two coats, quarterly, first and fourth azure, a mullet argent;
second and third azure, a fesse cheque, argent and gules. And it is further to be
observed, that in the Register of Arms belonging to the present Lord Lyon of this
kingdom, the cadets of Gadgirth's family are tliere also matriculated with the said
quartered coat, only distinguished with suitable differences.

From hence I infer, that, forasmuch as in those shires where the Great Steward
of Scotland had interest of old, most of the families, then re^identers there, were
in use to chequer the figures in their arms from the Great Steward's fesse cheque,
upon the account of patronage, who, being all vassals, did the same to show their
dependence on him; and Gadgirth's predecessors being unquestionably one of nis
vassals, his lands lying in the shire of Ayr, where he had interest, it has been on
that account he hath assumed, and still carries the said fesse cheque ; and probably
being one of his chamberlains, his descendants hath afterwards taken the surname
De Camera, or Chalmers.

And certainly this name De Camera has led Sir George Mackenzie into the mis-
take of narrating that Gadgirth's predecessor v>as descended of the clan Cameron,
from the affinity of the name De Camera. And, besides,- gives him the particular
arms of Balnecraig, on the account (no doubt) that he had never seen any docu-
ments to instruct that family's antiquity. But to prove the same, I proceed nexf
to narrate the authentic charters following.

And, first, there is a charter still extant, granted by Andrew Garviehaugh of
Caskieben, to Robert Chalmers, and Helen his spouse, who was aunt to the said
Andrew, of the lands of Belode, Balnecraig, and Telanchsyn, with their pertinents,
and a half merk of silver out of the mill of Lunfanan yearly, to be holden by him
and his said spouse, and the lawful heirs of their body, in feu of the Earl Murray,
for a pair of white gloves at Pentecost yearly, at the manor of Caskieben, if asked;

n6 APPENDIX.

and if it happen that the said Robert and Helen die without lawful heirs of their
body, in thai case these lands, with their pertinents, are providea U> the said Ro-
berts heirs whatsoever. This is dated at Aberd .en the &th August 1357. And
which charter is confirmed to the said Robert Chalmers, (wherein he is designed
of Kintore) and to Helen Garviehaugh his spouse, by Isabel Randolph, daughter and
heir to John Randolph Earl of Murray, Lord Annandale and Man.

From this charter of confirmation I observe, that the said Robert Chalmers was
a gentleman of an estate of his own, to wit, the lands of Kintore, before ever iie
got the lands mentioned in the above charter ; so that it cannot be doubted
but his predecessors were of a much older standing in the north parts of this kmg-
dom than the date of the above charters ; neither is it to be thought that the
said Andrew Garviehaugh would have so much preferred his aunt as to dispone
hib said lands, failing her and her issue, to the said Robert Chalmers and his heirs
whatsomever, if he had not been both a man of merit and a fortune ; that he
was the first, the foresaid charter demonstrates in the onerous cause of granting
it, viz. " Pro bono et fideli conciJio, et auxilio suo mihi impenso et impendeudu :"
and that he had a fortune, the confirmation whereof designs him Laird of Kin-
tore.

The above Andrew Garviehaugh was also a gentleman of a good descent, be-
ing son of Sir James Garviehaugh, who had from the great Sir Thomas Randolph
Earl of Murray, a charter of the lands of Belode, Balnecraig, Cloychock, and Ta-
lanchsyn, with their pertinents, and half a nierk of silver yearly out of the mill of
Lunfcinan, which is sealed with the said Earl's seal at his regality of Murray ; but
though it hath no date, yet it is well known when the said Earl flourished, being
one of King Robert the Bruce's generals. All which original charters 1 saw and
perused, and are still extant in the custody of Roderick Chalmers, Ross-Herald, a
descendant of this ancient family.

But not having seen more sufficient documents to trace down the descendants
of the House of Balnecraig to this present, I shall only narrate what Baihe Skeen
hath inserted in his Survey of Aberdeen, which is printed there in octavo, anno 1685,
where, in his Catalogue of the Provosts of that city, page 246, is set down that
Willielmus dc Camera (son of the aforesaid Robert of Kintore and Balnecraig) was
Provost of Aberdeen in the year 1392, and several years after, as is clear from the
oldest court-book of that city, which is in Latin, and dated anno 1398 ; also
William Chalmers was likewise provost there, a?ino 1404. And Thomas de Camera
bore the same character, anno i^iz, and many years after. And Alexander Chal-
mers was hkewise provost there in the year 1443, and for sundry difterent years
after, even to anno 1595, at which time he is designed of Murthill : and besides
in the public registers 1 find a charter granted by Alexander Chalmers of Balne-
craig to Henry Forbes, of the lands of Thomaston and Fullarton, with an annual-
rent of five shillings out of the king's lands of Kinkell and Diss, in the thanage
of Kintore and shire of Aberdeen, to be holden blench of the king for a silver
penny. This is dated at Aberdeen the 7th of April, and confirmed at St Andrews
1st March 1535. I next proceed to the family of Cults, an early cadet of Balne-
craig.

The genealogy of tliis family of Cults I shall set down as I find it narrated in
the principal Litera Prosapiue, granted by King Charles IL to Mary Margaret Urrey,
dated at Edinburgh 17th June, and sealed with the Great Seal the 9th September
1669, finely wrote on vellum ; as also from a genealo;^ical tree of this family il-
luminate, and approven by Sir Charles Erskine, Lord Lyon, and whereto his sub-
scription and seal of office-is aifixed at Edinburgh the 26th January 1669, to which
Joseph Stacy and John BosiUie, heralds, are subscribers ; both which authentic do-
cuments are also in the custody of the foresaid Mr Chalmers, Ross-Herald, which I
persued, and have farther supplied from authors and records of unquestionable
credit, as follows :

And first, Alexander Chalmers of Cults, a son of the House of Balnecraig, mar-
ried Agnes Hay, daughter of the Earl of Errol, by whom Alexander, his succes-
sor, who married Janet, daughter to John Leslie of that Ilk, by vifhom Alexander
Chalmers of Cults and Methlick in Aberdeenshire, who married Elizabeth Doug-
las, daughter to Glenbervie, by whom Thomas of Cults and Methlick, who is serv-

APPENDIX. ri7

ved heir to his said father Alexander, before tlie sheriff of Aberdeen, in the yc:ir
1505 as appears by the original retour still extant in the custody of the said Mr
Chalmers, which I saw : this Thomas married Mary Menzies, daughter to Pitfod-
dels, by whom Alexander. There is a precept of sasine in the public register, granted
by Thomas Chalmers of Cults, to Alexander his second son, for iafefting him in the
haill lands of Cults, and mill thereof, wit li the pertinents, lying in the parish of
Tarland and shire of Aberdeen, to be holdea in ward by him and his heirs-mule.
This is daied at Aberdeen the Bth May, and confirmed at Edinburgh the 27th of
the said month, anno 1549; he was also Laird of Strichen, as is evident from a
charter granted by Alexander Chalmers of Strichen to Thomas, son to Alexander
Eraser of Philortli of the Mains of Strichen, with the mill thereof, to be holden
ward; this is dated at Faithlie, 6th December 1558, and confirmed at Edinburgh
2d August 1559. This Alexander married Helen Rait, daughter to Halgreen, by
whom Alexander Chalmers of Cults, who married Janet Lumisden, daugiiter to
Cushnie ; for proof hereof there is a precept of sasine granted by Alexander to
this Alexander his son, and Janet Lumisden his spouse, upon the lands of Cults and
mill thereof, dated 9th February 1565 ; the sasine following, thereupon is dated
24th May 1566 : This Alexander was Provost of Aberdeen, anno 1567, as the said
Bailie Skene narrates, ibid. By this marriage he had two sons, first, Gilbert his
successor, and Air William, minister at Boyndie, of whom after. As to the eldest
son, Gilbert Chalmers of Cults, there is a charter under the Great Seal, confirm-
ing a charter granted by his father to him, of the lands and mill of Cults, with the
woods called Bogs, all lying in the parish of Tarland, and shire of Aberdeen, dated
4th November i6oi, with a precept also under the Great Seal, for infefting the
said Gilbert in the said lands, which he afterwards sold to Lesmoir, as is confirm-
ed by a sasine in favours of Sir James Gordon appearand of Lesmoir of the lands
of Cults, comprehending the other lands therein insert, follovting upon a charter
by Gilbert, son of Alexander Chalmers of Cults. The charter is dated the 29th
January, and the sasine the istof February 161 2. This Gilbert married Elizabeth
Eraser, daughter to Dores, by whom Alexander Chalmers of Cults, who married
Janet, daughter of James Irvine of Drum, by whom Alexander of Cults, who mar-
ried Marjory, daughter of Robert Lumisden of Cushnie, advocate, by whom only
a daughter, Marjory Chalmers, who married John Urie of Pitfichy, by whom a
son, Sir John Urie, who was a captain abroad,, where he married Mary Magdalen,
daughter of Christopher Sebastian van jaxheim of Exlabrun in Germany, by w horn
a daughter, Mary Margaret Urie, Lady Lamont, who is the person that procured
the foresaid litera prosapia. This Sir John Urie coming afterwards to Scotland with
the magnanimous James Marquis of Montrose, was made his Lieutenant-general, anno
1643, and, some days after the Marquis's execution, was himself beheaded at the
Cross of Edinburgh for his loyalty, anno 1650.

I next proceed to speak of Mr William Chalmers, second son to the above Alex-
ander of Cults, Provost of Aberdeen. He was the first legally establirhed minister
at the kirk of Boyndie (in the shire of Banff" and diocese of Aberdeen) after the Re-
formation, and married Elizabetii, daughter of Mr William Chalmers (of the same
family of Cults) minister of Skene, near Aberdeen, by whom four sons, all clergy-
men, viz. first, Mr William, minister at Fettercairn in the Merns, who married
Elizabeth, daughter to Barclay of Towie, by whom two sons, Mr William, minis-
ter at Glammis in Angus, and Mr James, minister at CuUen in Banffshire. He
was sent to England by the episcopal clergy in the north of Scotland, who took
tlie oaths at the Revolution (yet were molested by the kirk judicatories) to solicit
their affairs at court, and was introduced to her late Majesty Q_iieen Anne, by Dp
Compton then Bishop of London, immediately after her accetlion to the crown, to
whom he presented an address from his brethren, which was graciously received ;
and besides, she settled a pension on him of l^. 100 StexWng per annum, that his
being there might be no expence to his constituents, who were necessitate to have
one always upon the spot, to represent their case from time to time, as emergen-
cies required, in which station he continued till his death.

The second son of Mr William Chalmers, minister of Boyndie, was Mr James,
parson of Paisley, of whom hereafter. His third son was INJr John, minister of
Peterhead in Aberdeenshire, who, married Mary, daughter of Keith of Whiteriggs,

Vol. 1L 5 O

Ii8 APPENDIX.

sheriff of Mcrns, a near relation of the family of the Earl Macischal of Scotland^^.
and had issue. He was chaplain to John Earl of Middleton, commissi ^ner to the
first Parliament after the Restoration of King Charles II. and both he and his bro-
ther Mr James had the honour to preach several times before that great senate.
Mr William's fourth son was Mr Patrick, who succeeded his father as mmister of
Boyndie : (His said father and his grandfather Mr William Chalmers, minister at
Skene, are subscribers to the address of the synod of Aberdeen to his majesty's
high commissioner.) This Mr Patrick married Anne, daughter of James Ogiivie
of Raggell in the same parish, by whom two sons and a daughter ; the eldest, Mr
James, is present rector of Lamarsh and Wickham, St Paids, both in the county of
Essex in England. He married first Mary, daughter of Peter Bulteel, merchant
of London, gentleman, and widow of Richard Daniel of Colchester, and, secondly,
Susanna, eldest daughter of John Edwards, Esq. of Walthamhall in Essex, by
whom a son, Henry, and a girl, Rachel Katharine, both promising children. Mr
Patrick's second son died a youth at the Marischal College of New Aberdeen ; and
his daughter was married to George Ogiivie of Newrain.

Mr James Chalmers, second son to Mr William, Minister at Boyndie, was first
one of the professors of philosophy in the Marischal College of New Aberdeen ; in
which employ he acquitted himself both with honour and applause; and here, in this
station he was about anno 1650, when King Charles 11. made his first attempt to.
recover his just rights to the government of these kingdoms, for he being a man
both of great learning and good address, he employed his utmost endeavours in
doing his majesty considerable service in that critical juncture of affairs, God having
blessed him with a particular dexterity in managing negotiations of such importance j
and of his indefatigable industry herein, and unshaken loyalty, this king was so
sensible, that he distinguished him upon all occasions, while at Aberdeen, with par-
ticular marks of honour, and especially once, when he v.aited on his majesty, as
soon as he entered into his presence, he was received with these words, (not usual
from a sovereign to a subject) God save you Mr Chalmers, which the king expres-
sed in the audience of many then present. And some years after, entering into
holy orders, he, for his bright parts, was presented to the kirk of New Machar,
alias New Kirk, within seven miles of Aberdeen, but not continuing there long,
he was translated afterwards to the Kirk of Cullen, (where his nephew, Mr James
Chalmers, was afterwards incumbent.) During his ministry here, preaching once
at his kirk on Jotham's parable, Judges, chap. 9th, in the time of Cromwell's
usurpation, where was a company of his soldiers then quartered in that town, ia
his discourse on the same, he gave them so great offence that they carried him pri-
soner to Elgin, where he continued confined some time, till allowed to return
again to his charge at Cullen, whereof he was in actual possession at the Restora-
tion ; for 1 find him one of the subscribers (then designed minister of Cullen) to
the humble address of the Synod of Aberdeen to his Majesty's High Commissioner
John Earl of Middleton, against the murder of King Charles I., subjects taking up
arms against the supreme magistrate, delivering up the King at Newcastle, act of
the West Kirk, and other rebellious practices; which address is dated at the King's
College of Aberdeen the i8th April 1661 ; but, after episcopacy was estabhshed
in Scotland in the year 1662, I find he was advanced to the kirk of Dumfries, and
for confirmation hereof, and the passages above, there is an act of the Lords of
Secret Council in his favour, dated nth of December 1662, and registrate in their
council books, viz. " The Lords of Secret Council taking to their consideration,
" that Mr James Chalmers, late Minister at Cullen of Boyne, and now Minister
" at Dumfries, has been at a great deal of charges and pains in pursuance of his
" Majesty's interest and government, both in church and state, have therefore or-
" dained, and by these presents ordain, that the present year's stipend, anno 1662,
" due to the late minister of Dumfries, be paid to the said Mr James Chalmers,
" and that the heritors, feuars, farmers, tenants, possessors, and others liable, make
" ready and thankful payment of the same to him, or any having his order; and,
" if need be, ordain letters of horning to pass thereupon as effeirs : And this is
" without prejudice to the said Mr James of the said year's stipend 1662, due to
" him from the parish of Cullen." Mr James was some years after this advanced
to- the parsonage of Paisley in Renfrewshire ; and so much was he in the estima-

APPENDIX. irgi.

«on of the said King Charles, that he was nominated by him to the bishoprick of
Orkney, and the conge d'elire sent down from court, in order to his election, buft
dying at Edinburgh before he could be consecrated, that See was tilled with another
bishop: He lies buried in the Chalmers's tomb in the Grayfriers Church-yard there;
he married first a daughter of Mr William Scroggy, bishop of Argyle ; and, se»
condly, Elizabeth, sister to Robert Petrie of Portlethin near Aberdeen, who wa*
Provost of that city from the year 1664 to 1671, by whom two sons, first, Mc
James, Minister of Kirkpatrick-Fleming, the second. Captain Charles.

Captain Charles Chalmers, his second son, possessed the estate of Portleth a,
which belonged to his uncle Provost Petrie ; but afterwards he sold the ame o
Thomson, now of Portlethin. He was admitted writer to the signet i6th Octobes
1704; but leaving that employment, betook himself to the military, and was for
sometime a Captain in the .Scots Guards, which commission he sold 1714 ; but be-
ing engaged afterwards in the memorable year 1715 to employ his valour at the
battle of ShenfTmuir, was there killed, and lies buried at Dumblane in the bury-
ing place of Mr Chisholm of Cromlicks, within the church there. He married first
Jean, daughter of Alexander Boog of Bumhouses in Berwickshire, by whom two
sons, Roderick, of whom after, and James, picture-drawer ; which family of Boog
of Burnhouses is of good antiquity in the said shire, as is clear from the authentic
documents following ; for I find in the public registers, a charter granted by King
James IV. in favours of John Boog of Burnhouses of the said lands of Burnhouses,
Uthcrstone, Oxendean, Harcarse, Risybrigs, lying in the earldom of iMarch and
shire of Berwick, dated at Edinburgh the 23d January 1490, Anno Regni 2,tio; there
is also another charter by the said king, in favour of Archibald Boog his son, of
the foresaid haill lands, confirming the atove charter granted to his father, which
is dated 6th May 1491: This Archibald's son was John Boog of Burnhouses, who
had a son John, as is instructed by the special retour of John Boog as heir to John
Boog his father, of the whole foresaid lands. This is dated the iSth January 1546;
and which John was grandfather to the above Alexander Boog, whose daughter
married Captain Chalmers ; Captain Charles married, secondly, Helen, daughter
of Alexander Young. Bishop of Edinburgh, and by her had issue also.

Roderick Chalmers, Captain Charles's eldest son, is present Ross-Herald, and
herald-painter in Edinburgh ; and hath married Mary, only child of George Wil-
son, gentleman, by whom several sons, viz. Charles, George, James, Roderick,
and Alexander.

SIBBALD OF Balgonie, and LUNDIN or Balgonie, now represented
LUNDIN OF Drum.

FROM the documents we have seen, and herewith produced, we are of opinion
that the Sibbalds of Balgonie is one of the ancientest as well as one of the best allied
families in the kingdom. Donatus or Duncanus Sibbahl seems then to be settled in the
county of Fife, and doubtless is proprietor of the lands of Balgonie ; for we find
him witness to that charter by Rogerus de ^tincy Com:- de IVinton, i. e. Winchester
in England, to Seyer de Seton, one of the progenitors of the Earl of Winton. The
charter is without date, a thing very usual at that time, but must be before the
1246, that the Earl of Winchester died. The same Duncanus Sibbald, in the
1251, is mentioned in a bull of Pope Innocent IV. referring the cognizance of a
complaint made to his Holiness by the priory of St Andrews, that the Bishop of St
Andrews had introduced into one of the churches, that of right belonged to them,
the Order of the Blessed Trinity, for the redemption of captives. The same Dona-
tus Sibbald is witness to another charter by the forenamed Rogerus- de ^lincy Conjla-
bularius Scotia, Adamo de Seton, de Marit^igio hceredis Allani del Fauside. Then we
meet with Walterus Sibbald, one of the ancestors of the house of Balgonie, whose
son David, called ^//«j- PValteri Sibbald, who had a charter from Malcolm Earl of
Fife, which must be before 1256 that the granter died. I have seen a charter in
I

123. APPENDIX.

the custody of the Earl of Vfemyss, to Sir John Wemyss, Knight, of the lands oi
Camburn, granted by Robert E:irl of Fife and iVlonteith in the 1374, to winch,
among other witnesses, there is dominus Johannes Sibhnld, 7niles. And in another
charter by Isabel Countess of Fife, disponing the whole earldom of F"ife to Robert
Earl of Monteith in the 1371 ; the. original charter of this I have seen, dated the
penult of March 1371.

There is a charter under the Great Seal by Robert Duke of Albany, Earl of
Fife and Monteith, Governor of Scotland, Johnnni Sibbald de Ba/^ony, of the lands
of Rossie ; he had Sir Andrew Sibbald of Balgonie his heir and successor, and a
daughter Elizabeth, who was married to George Earl of Angus: By this lady he
had Archibald, the heir of that illustrious house, whose grandson and successor, Ar-
chibald Earl of Angus, by Margaret Q_iieen Dowager of Scotland, daughter of
Henry VII. of England, h- had gne daughter, the Lady Margaret Douglas, who
who was married to Matthew Earl of Lennox, whose eldest son, Henry Lord Darn-
ly. Earl of Ross, and Duke of Albany, married Mary Q^iieen of Scotland, who
was declared King of Scotland, wliose only child was James VL of Scotland, the
first monarch of Great Brirain-: So that of this ancient family of Sibbald of Bal-
gonie, not only the royal family of Great Britain are descended, but most of all
the crowned heads in Europe, who have intermarried with that serene house.

Sir Andrew Sibbald of Balgonie, son and heir of Sir John Sibbald aforesaid,
executed the office of High-ShenH' of the county of Fife, in the 1457, as appears
from Rymcr, and he is designed lUcecomes de Fife, in the year 1466, in the re-
cords of Parliament. He left one daughter, liis heir, Helen, who married Robert
Lundin, second son to Sir John Lundin of that Ilk, by Dame Isabel Wemyss his
•wife, of the House of Wemyss in Fifeshire, whose ancestor of the House of Lundin,
from many authentic deeds still extant, was IVilliam de Lundin, as he is called,
son-natural to King William of Scotland, commonly called the Lion, and married
the heiress of the ancient family of Lundin, or Lundoniis, of which surname and
family was Thomas de Lundoniis Hostiarius Scotia, and Comes Athoha, in the reign
of Alexander II. anno 1246. So by marriage of the heir-female of Sibbald of
Balgonie, that estate came to be transferred to the Lundins; and upon that ac-
count the family of Lundin of Balgonie quartered the coat of Sibbald with their
paternal arms, and is still the same way carried by Lundin of Drum, the heir-
male and representative of the House of Balgonie. Robert Lundin of Balgonie,
and Helen Sibbald, aforesaid, his wife, heiress of Balgonie, had a son, Sir Robert
Lundin of Balgonie, who was in high favour with King James IV.; and being a
gentleman of parts and reputation for integrity, he was preferred to be Lord High
Treasurer of Scotland, upon the removal of the Abbot of Paisley, Dr George
Shaw, from the office, anno ii,C)-i, and he held the Treasurer's place for the space
of five years, even till his death in the 1502, as from authentic documents 1 have
seen and perused. His wife was a daughter of the Lord Lindsay of Byres, the
ancestor of the present Earl of Crawford, as from the MS. History of that noble
family I have seen, by whom he had a son, Andrew Lundin of Balgonie, and two
daughters, Elizabeth, who was married to John Lord Lindsay, of whom the House
of Crawford and Lindsay are descended, and Euphame to William Melville of
Raith, and^ had issue, of whom, from authentic documents I have seen, is the Eari
of Melville and Leven descended.

Andrev/ Lundin, the third of the line of the Lundins of Balgonie, was, from the
Records of Parliament I have seen, Sherift" of Fifeshire in the 1506, and, for what
I see, held the office till the 15 19 it was given to the Lord Lindsay. Ihe writs of
the family of Balgonie being now in other hands, we have no document to vouch
to whom this gentleman, Andrew Lundin of Balgonie, was married, but he had his
son and successor, vix.

James Lundin of Balgonie. This is vouched from a deed I have seen granted by
Andrew Lumisden, son to Thomas Lumisden of Conland, of the lands ot Wester-
Conland, to and in favours of James Lundin of Balgonie, anno 1528. He was suc-
ceeded by his son and heir

Robert Lundin of Balgonie, who added to his own estate, which was then one
of the greatest in the shire of File, the lands and barony of Conland, by the mar-
liage of Margajet Lumisden, the heiress tbeieof, whose ancestor, Johannes dt

APPENDIX. izi

Lumsden, is llcecomes ck Fife, as fiom an authentic deed I have seen in the Re-
gister in the time of the regency of Robert Dukeof Albany ; and, it is remarkable,
the Duke Regent, who was the second son of King Robert II. calls this Johannes
Lumsden, consanguineus situs. From that time the f miily continued to flourish till
the time of Queen Mary, that Andrew Lumisden, son and heir of Thomas Lumis-
den of Coniand, left only one daughter, his heir, Margaret, whc3, as hath been
said, was married to Robert Lundm of Balgonie, for there is a sasine 1 have pe-
rused of the barony of Coniand, in favour of this Robert Lundin of Balgonie, in
the year 1544. Further, there was another voucher in my hand at the drawing of
this memorial, a renunciation by Mr Thomas Lumisden of the lauds of VVescer-
Conland, in favour of an honourable lady, Margaret Lumisden, spouse to Robert
Lundin of Balgonie, ann-) 1564. By this lady he had issue, Robert, his successor
in the barony of Balgonie, James, who was provided to the lands of C^onland, but
he died without issue, and the lands of Coniand came to a third brother, Andrew
Lundin, the ancestor of Michael Lundin of Drum, by whom the male heir of this
ancient family was preserved : He had also a daughter, Margaret, who was first
married to George Halket of Pitferran, and again to Mr William Lundin of that
Ilk, and had issue, as is evident from vouchers presently in my hands.

R0BEH.T Lundin, son and heir to the foresaid Robert, and the sixth of the line
in succession of the Lundins of the House of Balgonie, succeeded his father. I
have seen him designed witness to a contract of marriage betwixt Sir Michael Bal-
four of Burleigh, and Margaret, daughter of Mr William Lundin of that Ilk, dated
the I2th of July 1591 ; he was afterward the first Lord Balfour of Burleigh. This
Robert Lundin of Balgonie manned Margaret, daughter of David Boswell of Bal-
muto, as from a voucher I have seen, and had a son in whom the family failed,
and a daughter, Agnes, who was married to William Graham of Claverhouse,
great-grandmother to Lieutenant-General John Graham of Claverhouse, thereafter
Viscount of Dundee.

Robert Lundin of Balgonie, son and heir to the former Robert, was the last of
the House of Balgonie, for he had no male issue, and he alienated his estate to
Alexander the first Earl of Leven, who was designed of Balgonie, till he was raised
to the honour of an earl in the year 1640. The family of Balgonie thus failing in
the lineal succession, the representation of this ancient House comes to Lundin of
Drum, as we have said. The predecessor was Andrew Lundin, younger son to-
Robert Lundin of Balgonie, by Margaret his wife, daughter and heir of Andrew
Lumisden of Coniand ; to vouch this there is a sasine 1 have perused of the lands,
of Coniand by Robert Lundin of Balgonie, Margaret Lumisden his wife, in favour
of Andrew Lundin their son, in the 1578. This gentleman, Andrew Lundin of
Coniand, was umch with King James VI. and in a good degree of favour. He
went up to England with the king, when he succeeded to that crown, on the de-
cease of Queen Elizabeth, anno 1603, where he speht most of his own estate, ai
well as what he had by the king's bounty, so that the barony of Coniand was ap-
prised from him by Sir Michael Arnot of that Ilk. He married Elizabeth Brown,
daughter to the Laird of Fordel, whose mother was a daughter of Sir David Bos-
v/ell of Balmuto, by whom he had David his eldest son, and Andre^v Lundin of
Kirny, the second son.

Which David went into the army in the time of the civil war, and being a gen-
tleman of courage, prudence and industry, he rose to be a captain; and withal,
being a frugal man, he redeemed the lands of Over and Nether-Drums, a part of
the estate that his father had wadset and mortgaged ; and upon that he took the
title and designation of Lundin of Drum: and he also purchased a fourth part of
the lands of Freuchy, and he got also a considerable estate in and about Falkland,
by the marriage of Elizabeth, daughter and heir of George Paterson, a grandson of
the House of Dunmore in Fife; by her he had issue, George, his successor; Ro-
bert, the second son, was first a captain in the Earl of Dumbarton's regiment, and
then, by his merit, he rose gradually till he got the command of a regiment in the
reign of King William, and was sometime Governor of Londonderry in Ireland,
anno 1689: and though he fell under some suspicion, as favouring the giving the
town to King James, while his army lay before it, yet it was without ground, and
he had his conduct approver! by the English Parliament, and was afterwards, in

Vol. II. 5 P

J2 2 APPENDIX.

the reign of Queen Anne, commissary-general in the army, and was at the battle ot
Almanza in Spain, and died about the end of her majesty's reign; he left a son
who is at present a captain in the army.

George Lundin of Drum, the next of the line, married Isabel Arnot, daughter
of Sir Michuel Arnot of that Ilk, baronet, and had issue by her, John, his eldest
son, who, after he had passed the course of his studies at the university of St An-
drews, went into the army, and had a commission in the Earl of Dumbarton's
regiment, and was slain at Sedgemoor in the engagement against the Duke of
Monmouth ; a very hopeful as well as a rising young man, but was snatched away in
bis twenty-fifth year, universally regretted by all who knew him, or heard his
character; Michael, the second son, who became his father's heir, and is the present
Laird of JDrum; the third son, David, who was a captain in the war in Ireland,
and died with the character of a very brave man.

Michael Lundiv, now of Drum, married Sophia, daughter and co-heiress of
James Lundin of Drum, elder, and lias James, his son and apparent heir.

The armorial bearing of this family of Lundin of Drum, as representing the
Lundins of Balgonie as heir-male, and the ancient family of Sibbald of Balgouie as
heir of line, is, quarterly, first and fourth ardent, a cross moline ^ules, by the sur-
name of Sibbald ; second and third, argent and gules, in place of six argents and
gules, on a bend of the last three escutcheons of the first; crest, a cross moline gules:
motto, Justitia.

ABERCROMBY of Birkenbog.

THE surname of Abercromby, like others of great antiquity, is local, taken from
the lands of Abercromby, in the county of Fife, which was the ancient possession
of this family. The Abercrombies of that Ilk were very considerable gentlemen.
Thomas Abercromby of that Ilk, in the reign of King James II. was one of the Lords
of Session, or what at that time was a committee of Parliament, who were from
one Session to another appointed for the administration of justice, anno 1457. He
left a son, Thomas, his successor in the barony of Abercromby, and a daughter,
Margaret, who was married to Maule of Panmure. And from this Thomas the line
of the family continued till the reign of King Charles I. anno 1649, that Thomas
Abercromby sold the barony of Abercromby to Sir James Sandilands of St Monance,
who was created Lord Abercromby in the year 1647.

The most ancient cadet of this family of Abercromby of that Ilk, was the Aber-
crombies of Birkenbog, in the shire of Banff, whose predecessor was Humphredus de
Abercromby, a son of the House of Abercromby, who obtained a charter and grant
from King Robert the Bruce, of the lands of Harthill and Ardun pro homagio 13
servitio suo, as the charter bears, which is still extant in the custody of Sir James
A,bercromby of Birkenbog, baronet. It is without date, but appears to have been
about 1315, the 7th year of the king's reign, immediately after the battle of Ban-
nockburn, when that immortal monarch began to reward the loyalty and valour of
such of his subjects as had served him hitherto with merit and fidelity. This
Humphrey Abercromby of Harthill was succeeded by Alexander de Abercromby,
who acquires from Patricius Hay, dimidiam partem terra: de Ardhuienyn, to be held
of him and his heirs in feudo 13 hiBreditate'r. to the deed the granter's seal is ap-
pended, and the witnesses are Domino JVillielmo Episcopo Aberdonensi, Domino David
Fleming, militi, Jobanne de Periston. The charter is granted in the reign of King
David II. To this Alexander succeededanother Alexander de Abercromby, designed of
Pitmithen; and to him succeeded his son and heir Alexander Abercromby of Pit-
mithen, as is vouched by a precept out of the Cliancery by King James III. for
investing the said Alexander in the lands of Harthill, Pitmithen, Pitmachy, Hal-
ton and Ardoun, in Comitatu de Garioch. The instrument of sasine is dated the
4th of August 1484, the 35th year of the king's reign. Then succeeded James Aber-

APPENDIX. 12 i

cromby of Ley and Birkenbog, who is also designed of Pitmithen. He was mar-
ried to Margaret Ogilvie, daughter of Sir James Ogilvie of Findlater and Deskford,
and was slain with King James IV. at the battle of Flodden. He was succeeded
by George Abercromby of Pitmithen, his son, who, by Christian his wife, a daugh-
ter of Barclay, of the Barclays of Gartlay, had James his son and heir,

who succeeded him, and married Marjory Hay, a daughter to William Earl of Errol.
Alexander Abercromby succeeded to James, and married Margaret, daughter of
Leslie of Pitcaple, who was again succeeded by Alexander his son, who married
Margaret Leslie, daughter of William Leslie of Balquhain, by whom he liad James
Abercromby of Birkenbog, and Alexander, who was Laird of P'itternier, father of
Alexander Abercromby of Fitternier, who, by Jean his wife, daughter of John
Seaton of Newark, had Francis Abercromby of Fitternier, who was by King-
James VIL created Lord Glassford for life, in regard that liis children by his wife,
Anne Baroness of Semple, were to succeed to the honours of Lord Scniple; of
which marriage is descended the present Hugh Lord Semple. The Lord Glassford
had a younger brother, Patrick Abercromby, M. D. who wrote the Lives of the
Scots Warriors, in two volumes, with great exactness and ingenuity. The above
James Abercromby of Birkenbog was succeeded by Alexander Abercromby of
Birkenbog, who was falconer to King Charles L He married Elizabeth Beaton,
daughter to Beaton of Balfour, by whom he had Sir Alexander Abercromby, ba-
ronet, John Abercromby of Glasshaugh, Walter Abercromby of Braconhills. Sir
Alexander married, first, Jean Urquhart, of the family of Urquhart of Cro-
marty, and after her Jean Sutherland, of the family of Kilminity; and, lastly,
Elizabeth Baird, daughter to Sir James Baird of Auchmeddan, chief of that name;
by which last lady he had Sir James Abercromby of Birkenbog, and Alexander
Abercromby of Tullibody, who succeeded to his cousin George Abercromby of
Skeith (who was an ancient cadet of the family of Birkenbog) in the lands of
Tilhbody.

Of the Family of MELDRUM.

THE oldest writs of this family being lost, it cannot be condescended on at what
particular time it had its rise ; but Hector Boece in his History mentions the sur-
name of Meldrum, amongst others, to have begun in the reign of King Malcolm
Canmore ; and it is not improbable it has been taken from the name of the lands,
as was usual at that time.

We meet with severals of this name in the charters of King William the Lion,
and of Alexander the H. and IIL There is a perambulation of the lands of Cleish
in Fife, per Micbaelem de Montealto iS Philippum de Melgedrum, tunc Justiciarios
Scotia, Anno 1252, {penes Lindsay of Dowhill), and Alexander de Meldrum is
witness in the resignation of the lands of Beethwald by John de Strathern, anno
1278. (See First Vol. of this Heraldry, page 331.) We find also in Rymer's
Fcedera Anglice, Vol. V. pages 618, 625, and 657, several letters of safe conduct,
granted by Edward the HI. King of England, in the years 1348 and 1349, to the
ambassadors of Scotland, who came to treat about the redemption of King David
Bruce, then a prisoner in England, and IMUielmus de Meldrutn is named as one of
the said ambassadors.

The said William Meldrum got a charter from King David Bruce of the
lands and lordship of Meldrum, dated at Dumbritton the loth day of October'
1353, and his descendants in the male line continued to enjoy the said estate until
the reign of King James I. when William Meldrum of that Ilk dying, left by
Elizabeth his wife, daughter of the Earl of Sutherland, only one daughter named
EUzabeth, who was his successor, and married William Seaton, brother to Alexan-
der fijTst Earl of Huntly.

3.

124

APPENDIX.

The said William Seaton of Meldrum was killed in the king's service at the
battle of Brechin, fought betwixt his brother the Earl of Huntly and the Earl of
Crawford, May i8. 1452, and his son Alexander Seaton was served heir to Eliza-
betli Meldrum his mother, April 20th 1456.

Alexander Seaton of Meldrum married Murriel, daughter of Sutherland of
Duffus, ancestor of the Lord Duffus, by whom he had a son named William.

William Seaton of Meldrum married Elizabeth, daughter of Leslie of Wardis,
by whom he had a son named Alexander.

Alexander Seaton of Meldrum was served heir to his grandfather in the lands
and lordship of Meldrum, as then called, July 15. 151 2, and married Agnes,
daughter of Gordon of Haddo, ancestor of the Earl of Aberdeen, by whom he had
William, his successor, and Alexander, who was Chancellor of Aberdeen, and
Vicar of Bethelny. He married, for a second wife, a daughter of Leith of Barns,
by whom he had Seaton of Blair.

William Seaton of Meldrum was served heir to his father January 13. 1533,
and married Janet, daughter to Gordon of Lesmoir, by whom he had Alexander
his successor, John Seaton of Lumphard, and William Seaton of Slatie ; and mar-
rying afterwards Margaret, daughter to Innes of Leuchars, he had by her Mr
George Seaton of Barra, Chancellor of Aberdeen, and James Seaton, who was the
first of the family of Pitmedden, now represented by Sir William Seaton, baronet.
This William Seaton of Meldrum granted a procuratory of resignation, dated
fanuary 24. 1533, for resigning his lands in the king's hands, for new infeftment
to himself and Janet Gordon his spouse, and the heirs procreate betwixt them ;
which failing, to his nearest lawful heirs and assignees whatsomever ; and upon
this resignation charter and sasine followed : also the said WiUiam Seaton granted
a charter, dated January 19. 1556, to Alexander his eldest son, and his heirs and
assignees whatsomever, of the said lands and barony, to be holden of the
king, upon which a charter of confirmation and infeftment followed ; so, it
is to be observed, that hitherto the succession continued settled on heirs what-
somever.

Alexander Seaton of Meldrum married Elizabeth, daughter of Irvine of Drum,
by whom he had one son named Alexander, and afterwards he married Jean, daughter
of Abernethy Lord Salton, and had two sons, John and William ; also two daugh-
ters, Margaret married to Chalmers of Balbithan, and Isabel to Erskine of Pitto-
drie. This Alexander Seaton of Meldrum granted a charter, dated December 3.
1584, to Alexander his eldest son, and the heirs-male of his body ; which failing,
to his heirs-male and assignees whatsomever, of his said lands and estate of Mel-
drum, to be holden of the king, with a reservation of his own liferent ; and there-
upon a charter of confirmation under the Great Seal was expede, and infeftment
taken ; whereby the ordinary course of succession in the heirs of line was al-
tered. .

Alexander Seaton, younger of Meldrum, married, anno 1584, Christian,
daughter of Michael Eraser of Stonnywood, ancestor of the Lord Eraser, and dy-
ing before his father, anno 1590, left only one daughter, named Elizabeth, who
married, anno 1610, John Urquhart of Craigfintry, son to the Laird of Cromarty,
and commonly designed Tutor of Cromarty, by whom she had Patrick Urquhart
of Lethinty, Adam Urquhart of Auchintoull, Walter Urquhart of Crombie, James
Urquhart of Old-Craig, and one daughter married to Eraser of Easter-Tyrie ; and
after the death of the Tutor of Cromarty, the said Elizabeth Seaton married Alex-
ander Eraser of Philorth, afterwards Lord Salton, by whom she had Alexander,
Master of Salton, grandfather to the present Lord. She was served heir in gene-
ral both to her father and grandfather, March 19. 1617; but the succession to
the estate of Meldrum, devolved, in the terms of the last settlement, upon her
uncle John Seaton, who was eldest son of the second marriage, to Alexander Sea-
ton her grandfather.

John Seaton of Meldrum married Lady Grissel Stewart, daughter of the
Earl of Athol, but died without issue, anno 1619, and was succeeded by his
brother.

WiLtiAM Seaton of Meldrum married Anne, daughter of Crichton of Fren-
draught, ancestor of the Viscount of Frendraught, but had no issue ; and esteem-

APPENDIX. 12^

mg it just and reasonable that, as the estate of Meldruni came to the name of
Seaton by a marriage with the heir-female of Meldrum of that Ilk, and that the
course of succession continued settled in the heirs of line for a long time, it should
in like manner descend to his eldest brother's daughter and her heirs, rather than
go to an heir-male at a greater distance ; and therefore, anno 16^5, he entailed his
estate, failing heirs of his own body, to his grand-nephew Patrick Urquhart of
Lethinty, eldest son of the Tutor of Cromarty, by Elizabeth Seaton his niece ; and
he did accordingly succeed thereto.

Patrick. Ui<.<^'har.t of Meldrum was born anno 161 1 ; he liad not only his
house of Lethinty plundered, but suffered several other hardships for his loyalty to
his Majesty King Charles I. He married Margaret, daughter of James fust Earl
of Airly, by whom he had John, who died unmarried, Adam liis successor, James
Urquhart of Knockleith, Dr Patrick Urquhart, Professor of Medicine in the King's
College of Aberdeen, and Captain Alexander Urquhart, who was killed in tlie
king's service anno 16S5 ; also one daughter, Elizabeth, married to Sir George Gor-
don uf Gight„and afterwards to Major-General Thomas Buchan. The above-
named Lady M&rgaret Ogilvie had the honour to save her brother's, the Lord
Ogilvie's, life, who made his escape in her clothes from the prison at St An-
drews, anno 1646, the very night before he was to have been executed with
Sir Robert Sputtiswood and others, who suffered at that time for their loy-
alty.

Adam Urquhart of Meldrum was born anno 1635, and in his younger year<,
wlien his eldest brother was alive, served long abroad as a soldier, and, after his
return to his own country, he had the honour to serve his Majesty King Charles
II. as Cornet, and then as Lieutenant of that Independent Troop of Horse com-
manded by his uncle the Earl of Airly ; and was thereafter made Captain of the
said troop in room of the said Earl, in which station he continued till his death,
anno 1684. He married, anno 1667, Mary, daughter of Lewis Marquis of Huntly,
and sister of George first Duke of Gordon, by whom he had John, his successor,
James Urquhart of Byth, Adam and Lewis, both churchmen in France ; also three
daughters, Mary, a nun at Dieppe in Normandy, Elizabeth, married to David Ogil-
vie of Clova, and Anne, married in France to Sir Florence O'Donogh an Irish gen-
tleman, and an officer in the King of France's Gens d'Aims. The said Lady
Mary Gordon, after Meldrum's death, married James Earl of Perth, then Lord
High Chancellor of Scotland, and, after the Revolution, went to France with her
husband, where she lived till the year 1726.

John Urqi^hart of Meldrum married Jean, daughter of Sir Hugh Campbell of
Calder, by whom he had Adam, who died unmarried, and William ; also four
daughters, Mary, married to William Menzies of Pitfoddels, Jean, to Alexander
Stewart of Auchluncart, Elizabeth, to William Forbes of Edinglassie ; and Anne,
to Charles Gordon of Blelack. He died anno 1726, in the 59th year of his age,
and was succeeded by his son.

William Urqithart of Meldrum married Mary, daughter of Sir William Forbes
of Monymusk, by whom he has several children.

The arms of this family, as matriculate in the Lyon Register, anno 1673, are
thus blazoned ; two coats quarterly, first and last argent, a demi-otter issuing forth
of a bar, waved sable, crowned or, second and third or, three crescents within a
double tressure, counter-flowered gules, above the shield and helmet, answerable to
the degree, mantled gules, doubled argent ; next is placed on a torse or wreath,
for a cre't, a boar's head erased or, and, for a motto, on an escrol above the crest,
Ter mare \i! terras.

Vql. U. .5 (^

APPENDIX,

SCOTT OF Balwyrie.

I SHALL not insist in giving an exact genealogy of this family, though, no.
doubt, among the ancientest in the kingdom, but rather choose to be particular
in those evidents which make them often conspicuous in their services to their
country.

Uchtredus filhis &o«,and Herbertiis Scotus, are mentioned in the reign of David L
as witnesses in the cliarters of the abbacies of Selkirk and Holyroodhouse : And
though these persons are not designed, yet it is certain, from the following evi-
dents, they were of his family.

Ex Lib. Dumfenn. fol. 96.. verso,

" Cum mota esset controversia inter Willum Dei Gratia Abbatem et Conven-
" turn de Dumferlyn ex una parte, et Ricardum de Balverii ex altera, super tota
" terra de Balverii cum pertinentiis suis, quam idem Abbas et Conventus illicite
" alienatam asserebant, et earn revocare nitebantur, per Hteras Domini Papae, ad
" Abbatem de Lindovis et Scon, spontanea voluntate renunciantes omni actioni
« super ilhcita alienatione, &c. concesserunt eidem Ricardo et haredibus suis in
" peipetuum totam dictam terram de Balverii, cum suis rectis divisis et pertinen-
" tiis, &-C. et cum omnibus aliis libertatibus quas antecessores sui in eadem terra
" habuerunt." The date of this writ is determined by that of the Pope's letters ;
for it is expressly marked, " Litera; Gregorii datae Lateran, 6 Idus Junii, Pontifi-
" catus anno imo, et Domini nostri 122,1.

Ex eodem Lib. Dumfermliensi, Fol. 86. reeto.

" Michael Scotus et Margareta ejus sponsa, omnibus, &-c. Noveritis Universi-
" tas vestra nos, Divinte remunerationis intuitu, et pro salute animarum anteces-
" sorum et successorum nostrorum, cum Duncani nostri hasredis, dedisse et con-
" cessisse, &-c. Deo et Ecclesise Trinitatis de Dumferlyn, &.c. totam terram de
" Gaskimeenimfin juxta Vueth, cum omnibus assiamentis ad earn pertinen-
" tibus, &c."

This charter is ratified by Margaret his lady, daughter to Duncan de Pyraes,
and all of them confirmed at Scoon by King Alexander, 22d April 1231. What
I remark from these charters is, that they were a standing family at that time,
and, without any stretch, may be supposed to have existed in the reign of Malcolm
Canmore, when surnames first took place.

About this time was born the famous Michael Scott of Balwyrie, whose writ-
ings to this day sustain their character ; he was (says Dr Mackenzie, Vol. I. of
his History of Scots Writers) one of the greatest philosophers and linguists of his
age, Symphorianus, Camperius, Roger Bacon, and Cornelius Agrippa, praise
him for his knowledge in the stars and physical matters ; but his too great curi-
osity that way made the vulgar look on him as a magician, though it is observable
in all his writings, none speak more respectfully of God and religion than he
does.

His son dnd successor. Sir Michael, was no less conspicuous in his way than his
father ; he is one of the Equites Fifenses Illiistres sent by the guardians of the
kingdom to bring home Margaret the Maid of Norway.

Edward of England writes in his favour to the bishops of St Andrews and
Glasgow, &c. the foresaid guardians, to grant him or his family, when it should
fall, their ward and marriage, as the recompense of his labour, " in recompensa-
" tionem laboris, quern Michael Scotus, pro communi utilitate prsedicti regni,

APPENDIX. 127

' eundo ad partes Norwagioe, pro filia regis Norwagia; Domina Scotiae et inde in
** tenam ScotiiE conducenda," says the Record. Feed. AngUtr, Tom. II. p. 533.
Btichan. Historia.

He IS chosen and named, per Dominum Joannem de Baliolo, with several others,
to judge in the controversy about the succession to the crown. Ibidan, Tom. II.

P- 553- , .

The tamily was no less active in successive reigns ; for I find at the storming
of the town of Berwick, under the command of Thomas Earl of Angus, Sir
Andrew Scott of Bahvyrie, with five gentlemen of note, lost their lives. Aber-
cromby's History, Vol. II. Hector Boet. Book 15. This happened, «««o 1355.

^fi/io 1432, Michael Scott of Balwyrie is sent as hostage ex parte Jucohi regis y
in place of Robert Logan, and on that account obtains the King of England's safe
conduct. Fad. Angliae, p. 510, 512.

Anno 1 51 1, Sir William Scott of Balwyrie is sent ambassador by James IV.
to Henry Vill. of England, along with Archibald Earl of Argyle, John Lord
Drummond, Robert Lauder of Bass, John Ramsay, and Mr James Henderson.
Ibidem, Tom. XIll. p. 305.

Anno 1513, He is with John Lord Drummond Commissarius Regis to the Court
of England. Ibidem, p. 346.

He was taken prisoner at Flodden, and sold a great part of his estate to raise his
ransom ; the contract of sale is in Had. Col. p. 542.

Anno 1524, In indent ura treugarum Scotice.

The Counsellors and Commissaries of the Right Excellent, S^c. James King of
Scots, are Gilbert Eaj'l of Cassilis, Lord Kennedy, William Scott of Balwyrie,
knight, and Ma- Adam Otterburn, to which indentures they set their seals at Ber-
wick, 4th September 1524, and the c/W/f cz/fo Conimissariorum Scotice is subscribed by
them 5th September 1524.

Anno 1525, In the confirmation of peace he is again named with several others;
and in 1526, he is one of the commission to treat of peace and war.

Anno 1528, He is one of the commission for the last time, and first named, with
Mr Adam Otterburn, and Andrew Ker of Ferniherst, predecessor to the family of
Lothian : When this Sir William died is uncertain.

Anno 159Q, J.\.MES Scqtt of Balwyrie is knighted at the coronation of Anne
Queen of Scots.

The direct line ended in his grandchild Colonel Walter Scott, who died in
Flanders, in the reign of King Charles II. A little before his death he sent over
to Sir John Scott of Ancrum, baronet, the seal of the family, along with a letter
acknowledging him the nearest male relation of his family, being lineally de-
scended from Andrew Scott of Glendoick, a younger son of that Sir William
whom we have mentioned, so often employed with a public character in the seiwice
of his country : Which Andrew married Euphame Blair, daughter to Blair of Balthy-
ock, by whom he had Alexander, who married Margaret Ogilvie, daughter to
Ogilvie of Inchmartin, ancestor to the Earl of Findlater, who bare to him George,
married to Katharine Moncrief, daughter to Moncrief of Rhind, brother to Mon-
crief of that Ilk ; by her he had Patrick Scott, father to the above Sir John, by
Elizabeth Simpson, daughter to Simpson of Monturpie in Fife, now e.xtinct.

Sir John Scott was married to Elizabeth Scott, daughter to Francis Scott of
Mangerton, by whom he had Sir Patrick Scott his eldest son, and issue several
sons and daughters.

Sir Patrick had by his lady, Margaret Scott, daughter to Sir William Scott of
Harden, Sir John his eldest son, and several sons and daughters.

Sir John is married to Christian Nisbet, daughter to William Nisbet of
Dirleton-, and has by her, Patrick, William, John, Walter, and Christian
Scotts.

All which is documented by sasines and contracts of marriage, in the hands of
Sir John Scott.

APPENDIX^.

BAILLIE OF Lamington.

MR ALEXANDER BAILLIE of Castlecairj, who was a very learned aim
quarian, having with great care and ingenuity examined into the origin of the
surnanne of Bailhe, was of opinion that it was the same with Bahol, and that the
family of Lamington was a branch of the illustrious House of the Baliols, who
were Lords of Galloway in Scotland;, and John Baliol, Lord of Galloway, was once
King of Scotland. He had an uncle Sir Alexander Baliol of Cavers, who was
Great Chamberlain of Scotland in the reign of his nephew King John, anno 1292,
by Isabel his wife, daughter and heir of Richard dc Chillam, widow of David de
Strathhogy Earl of Athol, by whom he had a son Alexander de Baliol, who was not
so submissive to the English, after the abdication of King John his cousin, as might
have been expected, but was in the interest of his country ; for which, falhnp:
into the hands of the enemy during' the v/ar, he was imprisoned in the Tower of
London, by order of King Edward II. But upon security given by his father,
and two gentlem.en of the Lindsays, he was enlarged (rt). He had another son, I
mean the Lord Chamberlain, named William, who was designed IVilliam de Baliol,
who had the lands of Penston and Carnbrue in the barony of Bothwell, which are
the anciente^t possessions the family of Lamington had; he, after the abdication of
his cousin and namesake Kinj,- John, fell in with great zeal with other patriots in
the defence of the liberties of their country, against the encroachments and inva-
sions made on it by the English, which rendered him so obnoxious to King Ed-
ward I. that by act of the Parliament of England, he was fined in four years
rent of his estate (i) in the year 1297. It is the same William de Baliol, as
he is designed, who gets a charter from King Robert the Bruce of the lands
')f: Penston, which were his own before (c). The William de Baliol who gave
in pure alms to the Monks of Newbottle, licentiam formandi stagnum in terra
de Carnbrue. This deed is confirmed by his superior Williebnus de Moravia,
miles, Domiims de Bothwell, to which he appends his seal (rf). The lands of
Carnbrue being a very ancient possession of the family of Lamington, it is an
argument that docs not want its own weight, that they are of the family of
the Baliols ; that this William de Baliol is then possessed of these lands as early as
the time of King Robert the Bruce, and may be sooner, and they continued in the
lamily till they were given off to a younger son, who was the ancestor of the
Bahois or Baillies of the House of Carphin. The fore-mentioned Mr Baillie
of Castlecairy, who was a very learned and ingenious antiquaiy, was of opinion
that 5fl//o/ was the Latin at that time for Bailie; and that Bailie \n English is
the very same that Baliol is in Latin. The first time that ever the surname is
found Englished, that has been observed, was, that this gentleman, Wilham
Baillie of Lamington, being among other Scots men of quality, taken prisoner at
the battle of Durham with King David Bruce in the. year 1346; in the list of
the captives he is designed William Baillie (f). This gentleman was, after his
releasement, made a Knight by King David Bruce in the year 1357 (/"} ; and
having married the eldest daughter and heir of the renowned and ever justly
celebrated patriot and hero Sir William Wallace Governor of Scotland, and
General of the Army (^), under King John, with whom he got the barony ot
Lamington : and so far as the History of Sir William Wallace can be depended
on, it vouches this marriage and aUiance : for the author, Mr Blair, tells us ex-
pressly, that Sir William's daughter was married to a squire of the Baliols' blood,
and that way got the barony of Lamington, which had formerly belonged to
those of the surname of Braidfoot, whose heir-female of that name was married

{a) Rymer's FcEclera. (J)') In the deed in Rymer he is designed William de Baliol. (c) In the old
rolls of King Robert. (</) Chartubry of Newbottle. (f) Rymet's Fcedera Anglia;. (/) For there
in the charter of Hosmono he is designed William Baillie, militi. {g^ In a charter in my custody he is
designed Willielmus Wallace, miles, dux cxercitus regnl Scotias, persona prceclara Principis Joannis Dei
gratia Regis Scototum.

APPENDIX. 129

CO Sir William Wallace ; but I think we have a better voucher than the History of
Wallace, that this Sir William Baillie was proprietor of the barony of Lamington;
it is a charter under the Great Seal of King David II. which is in the charter-chest
of the family of Lamington, which I have seen, and the exact copy of it here fol-
lows, at least as much as makes for our purpose, to illustrate the history and suc-
cession of the family.

" David Dei gratia Rex Scotorum, Sciatis nos dedisse, concessisse, et hac present!

" carta nostra confirmasse dilecto et fideli nostri Willielmo Baillie, militi, totam ba-

" roniam de Lambistoun : Faciendo nobis et iicredibus nostris dictus Willielmus et

" heredes sui servitia dcbita et consueta, &-c. Coram his testibus Willielmo et Pa-

" tricio cancellario nostro ScotiEC, Sancti Andrea? et Brechinen. ecclesiarum episco-

" pis, Roberto Comite de Strathern ncpote nostro, carissimo Thoma comite dc

" Marr consanguineo nostro, dilecto WiUielmo Comite de Douglas, Willielmo de

" Livingstoun, Willielmo de Ramsay, et Roberto de Erskine, militibus. Apud

" Edinburgh vicesimo septimo die mensis Januarii, anno regni nnstri tricesimo oc-

" tavo •" that is the year of our Lord 1368.

This Sir William Baillie of Lamington, by his wife aforesaid, the daughter
and heit of Sir William Wallace, had issue two sons, William the heir of the fa-
mily, and a second son Alexander, whom the great antiquary, Mr Baillie of Castle-
cairy vouched to be tlie first of the Baillies of the family of Carphin, and his
own predecessor too ; for of Carphin is descended, beside the Baillies of Pavbroth,
who are, or soon will be, the representatives of this branch of the House of La-
mington, the Baillies of Park, Jeriston, Dunrogal, Carnbrue, Castlecairy, and
Provan, the first of whom was Mr Robert Baillie of Provan, who was President
of the Session from the 1565, till his death in the 1595. He left a daughter
his heir. Dame Margaret Baillie, who was married to Sir Robert Hamilton of
Silvertonhill. Of this branch of the Baillies of the House of Carphin was Mr
Cuthbert Baillie, who was Rector of Cumnock, Commendator of Glenluce, and
Lord High Treasurer of Scotland in the reign of King James IV. anno 151 2 («).
To Sir William Baillie of Hoprig and Lamington succeeded another

William, his son and heir, who is designed IVillielmus Baillie of Hoprig, when
he gets a charter from his cousin, as he is called, Joannis de Hamilton, Dominus de
Cadiow, ancestor to his Grace the Duke of Hamilton, of the lands of Hyndshaw
and Watston, dated the 4rh of February 1595, " test. Domino Joanni Hamilton,
" Domino de Fingletoun, Joanni de Hamilton de le Ross, Alexandro de Hamil-
" ton de Innerw ick, militibus (A)." He married Isabel, daughter of Sir William
Seaton of tiiat Ilk, ancestor to the Earl of Winton (c) ; by whom he had Sir Wil-
liam his son and heir.

This Sir Willi-'V-m Baillie of Hoprig, as he is designed, is one of the hostage;
sent to England for the ran. 3m of King James I. in exchange for David Leslie of
that Ilk, anno 1432 (d). He married Katharine, daughter of Sir John Hamilton of
Cadyow («■) ; by whom he had Sir William his successor, who gets a charter of
the lands or" Watston, &-c. fiom Jacobus Dominus Hamilton carissimo consanguineo
suo ; and tlie granter calls him, lYilliam Baillie de Eagleshame, on the resignation
of Sir William Baillie of Lamington, his father, in the 1445.

The witnesses to the Lord Hamilton's charter are John Stewart of Craigie,
Philip Mowbray of Barnbougle, Ronald Crawfurd of Haining. and William Cle-
land of Clelandton. This Sir VMlham, the younger of Lamington, gets a charter
from King James III. of the fee of his father's estate, particularly of the lands
of Penston ; he is designed ///o et heiedi apparenti Domini IVtllielmi Baillie de Hop-
rig, anno 1466 (/) ; and the same year in a retour of Robert Li\nngston of Drumry,
he is designed of Lamington ; so that in this Sir William's time he has been
promiscuously designed of Hoprig and Lamington; but from thenceforth he and his
successors are uniformly designed of Lamington.

(a) Lives of the Lord High Treasurers. (i) The charter I copied out of the Registers. (c) Ge-
nealogy of the House of Lamington. (J) Rymer's Foedera Anghae. {f) Genealogy of the House of
Lamington. (/^Charter in the. records of the Great Seal.

Vol. U. 5 R

13^

APPENDIX.

In the 1484, he is one of the conservators of the peace with England on the
part of Scotland, that then concluded at Nottingham, anno 14S4 i^g) ; and the
next year thereafter, anno 1485, I find him witness to a charter granted by John
Lord Somerville, to John Somerville his son, of the lands of Cambusnethan, pro-
created betwixt him and Mary Baillie his wife, who. was daughter of this Sir Wil-
liam Baillie of Lamington : there are also witnessing to the charter, William Bail-
he, son and heir-apparent to Sir William Baillie of Lamington, and Richard Bail-
lie, brother to the said Sir WiUiam BaiUie (/j).. This Sir Wilham Baillie of La-
mington left issue Sir William his successor.

Margaret, who was married to John Earl of Sutherland (?'), and had issue.

Mary to John Lord Somerville, and had issue.

Marion to John Lord Lindsay of the Byres, ancestor to the present Earl of
Crawford {k), and had two daughters, his heir, and the heirs of line of this noble
family of Lindsay ; Margaret, who was married to Richard Lord Innermeath ;
and secondly, to Sir James Stewart of Bath, brother to Andrew Lord Evandaie,
and the paternal ancestor of the present Earl of Murray. Elizabeth, the second
daughter, was married to her own cousin Sir William Baillie of Lamington.

Sir William Baillie of Lamington, son to the former Sir William, is at the
head of the family, and is Laird of Lamington himself, when, in the year 1492, he
has a charter under the Great Seal to him, and Marion Home, his wife, in conjunct
fee and infeftment (/). This lady was the daughter of Sir Patrick Home of Pol-
warth, Comj^lroller of Scotland in the reign of King James IV. ancestor to the
Earl of Marchmont, by whom he had William his son and heir, and John, of
whom descended the Baillies of St John's Kirk, of whom are come the Baillies
of Jerviswood and Walston (w).

Sir William Baillie of Lamington, the next of the line and successon ot this
ancient honourable family, married Elizabeth, daughter and one of the heirs of
line of John Lord Lindsay of the Byres, by whom he had William his son and
heir, and a daughter, Janet, who was married to Sir David Hamilton of Preston,,
and had issue {n),

Sir William Baillie of Lamington, his son and successor, was made principal'
Master of the Wardrobe to Queen Mary, by a gift under the Privy Seal, the 24th
of January 1542 (0). He married Janet Hamilton (^6), daughter of James first
EarlofArran, and sister to James Duke of Chatelherault, by whom he had Sir
William his successor, and a younger son, of whom are the Baillies of Bagbie and:
Hardington, and their cadets (9). His aUiance with the illustrious family of Ha-
milton brought him to fall in with them in the pohtics at that time, for he was a
firm and steady friend to Qiieen Mary ; for which he was afterwards forfeited for
being of her party at the field of Langside, against the Earl of Murray the Regent,.
anno 1568 (r).

He married Dame Margaret Maxwell, daughter of John Lord Maxwell, and wi-
dow and relict of Archibald Earl of Angus, who had been formerly married to
Margaret Queen Dowager of Scotland, and daughter of Henry VII. of England,
by whom he had only one daughter, Margaret. During this marriage. Sir Wil-
liam having no male issue, and but in small hopes of any while his lady was alive,
he was induced by her means, and her great and noble relations, to marry his
daughter to a nephew of hers, Edward Maxwell, commendator of Dundrennan, the
third son of John Lord Herries of Terreagles, and settled the fee of the estate on the
issue of the marriage absolutely, reserving no more than a liferent to himself and
the Countess of Angus his wife, and but a small provision to any lady or subse-
quent wife he might have. The condition he required of his heir of entail was^ that
they should assume and use the surname of BaiUie, and the arms of the House of Lam-
ington ; and there was a special act of Parhament procured to that effect (/). After

(^) Rymer'sFoedcra. {h) Charter in tbe hands of the Lord Somerville. {i) Sir Robert Gordon's His-
tory of the House of Sutherland, MS. (Ji) Charter in the Records, anno 1497. (/) Charter in the
public Records. {in) Genealogy of the House of Lamington, penes me. (n) Charter in the records
of the Great Seal. (o) The gift is in the Registers. (/■) Ibidem. (y) Genealogy of the House of
Lamington, MS. penes me. (r) The act of forfeiture is in the records which I. have seen, and from
■whence this note is copied, (j-) Acts of Parliament. '

APPENDIX. 131

ihis settlement, a little before the death of his lady, or, as they say, much about
that time, he procreated upon a gentlewoman, one Mrs Home, a son, William
Baillie, and, upon his lady's death, he married her, in view of legitimating the son
m virtue of the subsequent marriage, imagining, that he might have got broke the
settlement of his estaie in favour of his daughter and her heirs ; for it was always
in failure of heirs-male of his own body that his heirs at law were to succeed : But
it being clearly proven, by the presbytery books of Lanark, that the son was got
while Lamington's lady, the Countess of Angus (?) was alive, the reducing the
settlement to and in favour of his daughter was found impracticable. This rub
in the young gentleman's way of succeeding to his father's estate, and which the
father had so much at heart, discouraged him so much, that he went over to the
German wars, and entered into the service of the renowned Gustavus Adolphus,
King of Sweden, against the imperialists, where, by his conduct and gallant be-
haviour, he attained to the degree of a major-general, and had the character of an
excellent officer. When the troubles began in the year 163B, he was, among other
Scots general officers, called over from Germany and Sweden by the covenanters,
to head and command the anny they raised under the obligation of the covenant,
and listed himself in the Parliament's service. From the minutes of the Parha-
ment 1641, which I have seen, it appears that Lieutenant-General Baillie made
some faint efforts to reduce the settlement of the estate of Lamington, but the
thing would not do in point of law ; so it was dropped. He served the Parliament
in the quality of lieutenant-general during the war, and was in several encounters
with the Marquis of Montrose, as may be seen in the history of the times, to ^
which 1 refer the reader. General Baillie married Janet, daughter of Sir William '
Bruce of Glenhouse, by Janet his wife, daughter and heir of John Baillie of Lethara,
with whom he got the estate of Letham in Stirlingshire, and had James his eldest
son, who became Lord Forrester of Gorstorphine, by the marriage of Jean, daugh-
ter and heir of entail both to the estate and honour of her father ; but he dying
without issue by her in the 1679, the estate and honour of Lord Forrester came,
by virtue of the entail and special destination, to his brother's son, William Baillie,
son of William Baillie of Torwood, by Lilias his wife, another of the daughters of
George Lord Forrester, by whom he had George Lord Forrester, father to the pre-
sent George Lord Forrester.

Bat, to return to the family of Lamington, we are to observe, that William
Maxwell alias Baillie of Lamington, the grandson and heir of Sir William Baillie
of Lamington, by Dame Margaret Baillie his daughter, was after that knighted by
King James VL He married Elizabeth Stewart, daughter of Henry Stewart of
Craigiehall in Linlithgowshire, by Jean his wife, daughter of James Lord Ross of
Halkhead ; by whom he had Sir William his successor, James of Watsonhead, an-
cestor of Mr James Baillie, advocate ; and daughters, Jean, married to the Laird

of Coulterallers, and had issue, and to Gavin Hamilton of Raploch;.

and had issue

Sir William Baillie of Lamington, his son, married Griizel, daughter of Sir
Claud Hamilton of Elieston, son to Claud Lord Paisley, and brother to James the
first Earl of Abercorn, by Grissel his wife, daughter and heir of Robert Hamilton
of Lickperrick, by whom he had Sir Samuel Baillie his eldest son, who died in the
lifetime of his father ; but left issue by Janet his wife, eldest daughter of John
Lord Belhaven, a son, William, who was his grandfather's successor, and a daugh-
ter, Margaret, who was married to James Semple, son, and heir apparent of Sir
WilHam Semple of Cathcart, and had issue. Which William, so succeeding his
grandfather, was a virtuous, frugal, worthy gentleman. He married first Marjory,
daughter of John first Lord Bargeny, by whom he had a son, William, a very
hopeful, promising young gentleman, who died in his seventeenth year, much re-
gretted by all that knew him. After his son's death he mamed, secondly, Lady
Henrietta Lindsay, daughter of William Earl of Crawford, Lord President of the
Council in the reign of King William, by whom he had only daughters, Margaret
the eldest, married to Sir James Carmichael of Bonnington, who sunk his estate in-
to the family of Lamington, and to the heirs of the marriage, the heir-male being

(/) From CasUecairy's account of the House oi Lamington.

xyi APPENDIX.

to bear the surname of Baillie, and the arms of the House of Lamington, who it
the present Sir Wiliiam Baillie of Lamington, Baronet, as heir to his father's
patent.

The other daughter of Lamington was married first to Robert Watson of Hur-
rays, and again to Major William Erskine of Torry, nephew to the Lord Card-

HAY OF Ranfield and Inchnock.

THE first' of this branch of the Hays was Mr Andrew Hay, son to Hay of Lin--
plum and Bara, who was a brother of the House of Yester, now dignified with the
title of Marquis of Tweeddale ; he was bred to the church, and was a canon of the-
Cathedral Church ot Glasgow. At the Reformation he embraced the Protestant
Rehgiun, and continued his prebendary, and was rector and parson of the church
of Renfrew, and was a learned and moderate man, and sometimes was a commis-
sioner or superintendant of the churches in the west ; of him our histories of the
church speak with great regard and esteem. He continued parson of Renfrew till
his death. He married Jean, daughter to Wallace of Craigie, by whom he had
Mr John Hay of Ranfield, parson of Renfrew, his eldest son, and Dr Theodore
Hay, parson of Peebles, and archdeacon of Glasgow ; whose son, Mr John, suc-
ceeded him in the same office of parson of Peebles and archdeacon of Glasgow; and
his grandchild, Mr John Hay, is present minister of the Gospel at Peebles.

Mr John Hay, the eldest son, succeeded his father in the estate of Ranfield,,
and in the parsonage of Renfrew. He married, first, Agnes, daughter of Claud
Hamilton of Cockney, by whom he had Mr John Hay of Ranfield, and parson of
Renfrew, and three daughters, the eldest married to John Noble of Ferm, the se-
cond to John Walkingshaw of that Ilk, and the third to John Montgomery of
Scotston. He died, as his father, parson of Renfrew. He married to his second
wife, Jean Somerville of the-House of Cambusnethan, by whom he had Mr Andrew
Hay of Zoarlands.

Mr John Hay of Ranfield, and Parson of Renfrew, succeeded his father both
in the estate and m the parsonage, and had been before minister at Killallan. He
was, even in the highest times of presbytery, suspected of being a royalist, though
he had complied by taking the covenant : but not being thorough-paced that way,
and loyalty hanging about him, even to a crime, the presbytery, upon some frivo-
lous pretences, and these very ill proven, found means to depose him from his
function. Upon that he sold his estate of Ranfield in the parish of Renfrew, and
acquired the lands of Inchnock in the parish of Monkland and shire of Lanark,
that had belonged to Mr David Forsyth of Hallhill, commissary of Glasgow, his
father-in-law. Here he lived privately and retiredly till the king's Restoration,
that episcopacy being restored, he was reponed to his church and parsonage of
Renfrew, where he continued to exercise his pastoral function till his death in the
1665. He married Agnes, daughter to the foresaid Mr David Forsyth of Hallhill
and Dykes, by whom he had

Mr Andrew Hay of Inchnock, his son and heir, who married Mary Hutcheson,
daughter and co-heir of Mr John "Hutcheson of Scotston, by whom he had, Mr
John his successor, George Hay, the second son, whose son is Mr James Hay,
writer in Edinburgh, heir-male and representative of the family, and several
daughters ; the eldest of which was married to Mr Robert Fleming, minister of
the gospel at Kirkintulloch, and son to John Fleming of Caderroch, a branch of
the ancient House of WeddeUie, whose son is Robert Fleming, printer in Edin~
burgh, editor of this Work.

Mr John Hay of Inchnock, in imitation of his ancestors, turned his thoughts to-
ward the service of the church; and being put into holy orders, was first ordained

APPENDIX. 135

to the ministry at Yester, from whence he was translated to Dunlop, and after-
wards to the parsonage of Monkland and sub-deanry of Glasgow, where he sat till
the revolution in 1689, which he long survived, and was in very high esteem by
people of all persuasions, and a worthy pious gentleman. He married Anne
Graham, daughter of John Graham of Dougalston, by ^\ horn lie had

John H.\y of Incliuock, who was a knowing, prudent, virtuous, and facetious
gentleman. He died unmarried, so that his tlu-ee sisters became heirs portion-
ers of his estate. Margaret the eldest, married iVIr John White, writer in Edin-
burgh.

Tlie arms borne by this famdy was the tliree escutcheons, the common bearing
of all the Hays, and a mullet or star in the centre, as a brotherly difference.

LOG KH ART of Cleghorx.

THE present Cleghorn is lineally descended of Sir Ali..\n Lock.hart of Cleghorn,
of whom mention is frequently made in the reign of King James II. whose son
Sir Stephen Lockhart is infeft in the ten-pound land of old extent of Cleghorn,
I2th March 1476 ; and, by a charter from the crown of the lands of Grugfoot,
dated in June 1482, and another of the twenty-merk land of Bothwell, 27th Septem-
ber 1483, he is in both designed his Majesty's armour-bearer. Anno 1493, a truce be-
ing concluded betwixt King James IV. and Henry VII. there was an additional,
subsidy laid on by Parliament for defraying the charge of the king's marriage, and
Sir Stephen, with some others, are appointed to receive and account for that
money. His son Allan, by a lady named Crichton, a near relation of the chan-
cellor's, married Katharine, a daughter of Whiteford's of that Ilk, or of Milton ; and
upon his father's resignation, he and his spouse obtained a charter from the king
of the lands of Grugfoot, dated the 22d November i486 ; but being slain with the
king at Flodden, anno 15 15, his son Alexander is retoured to his grandfather Sir
Stephen, in the above lands of Cleghorn and Bothwell, 17th of January 1519.
And by Euphame, daughter to Hamilton of Innervvick, he had Mungo, who suc-
ceeded, conform to precept forth of the Chancery, and sasine thereon, dated 28th

May 1569. Mungo married Hamilton, daughter to Sir James

Hamilton of Stenhouse, by whom he had Allan his successor, between whom,
with consent of his father, and Elizabeth Ross, with consent of Robert Lord Ross
her brother, and Dame Jean Sample her mother, there was a contract of marriage,
22d November 1582, conform whereunto, upon the 26th March 1583, the above
Mungo resigns in the King's hands the lands of Cleghorn, Grugfoot, Bothwell,
and others, extending to a fifty-three pound land of old extent ; and, upon his
resignation, Allan obtains from the crown a charter said year. Of this marriage
there was Alexander and five other sons, of whom are descended sundry honourable
and noble persons. Alexander succeeded his father, and married Nicolas, eldest
daughter to Maxwell of Calderwood. Their contract is dated the 24th February
1604. His eldest son and successor, James, married Elizabeth, eldest daughter to
Sir James Lockhart of Lee, one of the Senators of the College of Justice : in his
contract of marriage his father dispones the above lands, extending to fifty-three
pounds of old extent ; and he obtained a charter thereon, 4th July 1627. This
James suffered mucli in person and estate under the usurpation ; for, besides the
price of the lands of Grugfoot, which he sent to the king at BrcJa, he raised a
troop of horse and company of foot, with whom he joined the Duke of Ha-
milton ; but being taken, he was condemned to die, and though, by mediation
of friends, he obtained his life, yet his estate was much impaired by a fine of fifty
thousand merks. He had issue, Allan and James, who both succeeded him ; Allan
is infeft under the Great Seal 3d November 1665, and was bred up in the law at
London, where he obtained to be a professor both in the Inn's and Chancery Court;
but dying unmarried, James, his said brother, succeeded, and is infeft upon a retour,^

Vol. XL 5 S

134

APPENDIX.

dated 8th January 1681, whose son, the present Allan Lockhait of Cleghorn,
married Anne VVinram, heiress of Wiston.

The armorial bearing of Lockhart of Cleghorn, eldest family of that name extant
on record, is, a shield parted per pale azure and gules, on the fast three boars'
heads erased argent, two in chief, and one in base, being his own paternal coat^
the ancient bearing of his name and family, as appears from the arms cut on an
echancre shield on his outer-gate, much defaced by length of time, and on several
other places; on the second, a X2i.m. passant of the third, being the armsof Winram
of Wiston, chief of that name, the heiress whereof is the present Lady Cleghorn,
with crest and mantle befitting his degree ; and, for motto. Sit sine labe fides, as
per his coat of arms, Plate VIII.

An Account of the Family of the Name of CHARTERIS (/Amisfield, as mentioned
in the Ancient History of Scotland, and instructed by the Records of the Kingdoniy
extant in the Lower Parliament House, collected anno 1722.

OUR historians say, that when Robert Bruce Earl of Carrick, son to Robert Bruce
EarlofAnnandale, returned from England to hisownhouseofLochmabenin Scotland,
after the treacherous information given against him by John Cumin Earl of Buchan,
to King Edward I. of England, he there found Edward Bruce his brother, Robert
Fleming, James Lindsay, Roger Kirkpatrick, and Thomas Charteris, to whom he
gave an account of the danger he had escaped.

These brave gentlemen standing firm to King Robert Bruce his interest, follow-
ed him in all his famous battles, until he retrieved his country from the English
subjection (rt).

The records of this kingdom being carried up to England by the usurper Oli-
ver Cromwell, in their return hither, after the happy Restoratien, many of the
records were lost at sea, amongst which a great number of the ancient records of
charters.

And because the first charter of the family of Amisfield, which is found amongst
the records now extant, is only in King James III. his time, and that that charter
makes mention of the services done by Sir Robert Charteris, great-grandfather to
Robert, to whom the charter is granted, it is more than probable, that the charters
in favour of Thomas first mentioned, and of the said Sir Robert, have had the
misfortune to be lost at that time {h).

FOLLOW THE CHARTERS IN ORDER, AS BOOKED IN THE RECORDS,
I.

" Carta Roberti Charters de Amysfield armigero nostro(<r), pro suo fideli et
" gratuito servitio, nobis temporibus prsteritis multipliciter impensis, et prascipue
" in virili resistentia, per ipsum Robertum exhibit, contra nostros rebelles et pro-
" ditores, viz. quondam Alexandrum Stewart olira ducem Albanie, et Jacobum
" Douglas olim comitem de Douglas, et alios nostros rebelles et proditores, et ve-
" teres nostros Anglian inimicos, super merchias nostros occidentales regni nostri in
" bello comiss. ac etiam pro suo fideli servitio nobis impendendo, quatuor merca-
" tas terrarum de Polmentre, cum pertinen. jacen. in dominio nostro Galurdie ui-
" fra sencscallatum de Kirkcubright, que fuerunt quond. Roberti Charters militis
" patris avi dicti Roberti, et ab ipso violenter, per predecessores dicti Jacobi
" Douglas raptum et spoliatum, causa et occasione fidelis servitiis dicti Roberti,
" nobis et progenitoribus nostris impensis, &-c. Apud. Edin. quinto die mensis

(a) Anno 1306. (i) Anno 1661. (c) jth Book, Ja. III. No. 134.

APPENDIX. 1^^

Martii, anno Domini milesiino quadringentesimo octuagesimo septimo, et legnl
nostri vicesimo octavo."

II.

" Carta confirmationis Roberto Charters de Amysfield duas carta's (rt), una vide-
licet dilecti nostri Roberti Crichtoun de Sanquhar militis factam et comessam
dilecto notro Roberto Charteris de Amysfield de tresdecem mercatas terrarum
antiqiii extentus, cum pertinen. jacen. in villa et territorio de Langniddrie, in
baronia de Tranent, in constabularia de Haddingtoun, intra vicecomitatum nos-
trum de Edinburgh; aliam vero cartam confirmationis dilecti consanguinei nos-
tri Joannis domini Setoun, super donatione predicti Roberti Crichtoun antedict.
etiam prefato Roberto Charters, factam de mandato nostro visas, lectas, inspec-
tas et diligenter examinatas, sanas, integras non rasas, non cancellatas, nee in
aliquibus partibus earund. suspectas, ad plenum intellexisse ; cujus tenor sequi-
tur, &.C. Apud Edinburgum vicesimo primo die mensis Augustii, anno. Do-
mini millesimo quadringentesimo sexagesimo tertio."

m.

Carta coiifrtnationis Roberto Charters de Amysfield.

" Jacobus, Dei gratia, rex Scotorum, &-c. {]>). Sciatis nos quandam cartam di-
" lecti nostri Roberti Crichtoun de Sanquhar militis factam et comessam, dilecto
" nostro Roberto Charters de Amysfield, de uno annuo reditu viginti librarum
" usualis moneta; regni nostri, annuatim levan. de omnibus et singulis terris ba-
" roniae de Sanquhar, cum pertinen. jacen. infra vicecomit. nostrum de Dumfreis,
" de mandato nostro, visam, lectam, &.c. Apud Edinburgum decimo nono die
" mensis Octobris, anno Domini millesimo quadringentesimo sexagesimo quarto."

IV.

" Alia charta confirmationis dicti Roberti (r), de tresdecem mercatas terrarunv
de Langniddrie, anno 1463."

Carta confirmationis Roberto Charters de Amysfield.

" Jacobus, Dei gratia, rex Scotorum, &c. {d'). Sciatis nos quandam cartam di-
'^ lecti nostri Alexandri Campbel de Corswoul factam et comessam, dilecto nostro
" Roberto Charters de Amysfield, omnibus et singulis terris suis de Dalruskane.
" cum pertinen. jacen. infra vicecomit. nostrum de Dumfreis, de mandato nostro
•' visam, lectam, &-C. Apud Edinburgum quinto die mensis Aprilis, anno Do-
" mini millesimo quadringentesimo octuagesimo primo, et regni noetri vicesimo
" primoJ'

Carta confirmationis Roberto Charters de Amysfield.

" Jacobus, Dei gratia, rex Scotorum (f). Sciatis nos, nostrique consilii dominos,
" clare coguoscentes et ^considerantes quandam cartam quondam serenissimi patris

{a) 7th Book, Ta. III. No. 107. (b) 7th Book, Ja. III. No. 120. (0 7th Book, No. no.
(</) o.b Bo"ok, Ja. III. No. ,7, (<•) :3th Book, Ja. IV. No. 470.

136 APPENDIX.

" nostii bon;£ memoriae, cujus animie propetietur Deus, hereditarie factam ct
" comessam dilecto et fideli armigero nostro Roberto Charters de Amisfield, pro
" certis honourabilis et laudabilis causis in ipsa carta specificatis, de et super qua-
" tuor mercatas terrarum de Polmtree, cum pertinen. jaceii. in dominio nostro
" Galvvidie, infra senescallatum nostrum de Kirkcudbright, de mandate nostro
" visam, lectam, S<-c. ut in carta precedenti. N. i. Quamquidem cartam ac do-
" nationem, et concessionem in eadem content, prefato Roberto super predictis
" terris de Polmtree cum pertinen. ut premittitur factam, in omnibus suis punctis
" et articulis, conditionibus et modis, ac circumstantiis suis quiDuscunque forma
" pariter et etTectu, in omnibus et per omnia nos, cum avisamento dominorum nostri
" consilii, approbamus, ratificamus, et pro nobis et successoribus nostris pro per-
" petuo confirmando donamus, et donando confirmamas, salvis nobis et successori-
" bus nostris servitiis de dictis terris, cum pertinen. ante predict, confirmationem
" et donationem, nobis debitis et consuetis, Stc. Apud Edinburgum sexto die
" mensis Augustii, anno Domini millesimo quingentesimo primo, et regni nostri
" decimo quarto.

VII.

Carta Joannis Charters de Amysfield.

" Maria, Dei gratia, regina Scotorum, &.c. («). Sciatis nos, cum avisamento et
consensu clarissimi consanguine! et tutoris nostri Jacobi ducis de Chattellarault,
Arania; comitis, domini Hamilton, regni nostri protectoris et gubernatoris, de-
disse, concessisse, et hac presenti carta nostra, confirmasse Joanni Charters de
Amysfield et Jonete Douglas ejus conjuge, et eorum alteri diutius viventi, in
conjuncta infeodatione, et heredibus inter ipsos legitime procreatis, sen procrean-
dis, quibus deticientibus, legitimis et propinquioribus heredibus dicti Joannis
quibuscunque, totas et integras decern libratas terrarum de Dalrusken, cum per-
tinen. jacen. infra vicecomitatum de Dumfreis : Quequidem terrae prescript, cum
pertinentiis dicto Joanni perprius hereditarie pertinuerunt, et quas idem per
fustum et baculum in manibus prefati nostri gubernatoris, tanquam in manibus
nostris apud Edinburgum personaliter sursum reddidit, et simpliciter resignavit,
&.C. tenen. de nobis, reddendo jura et servitia debita et consueta. Apud Edin-
burgum decimo quarto die mensis Februarii, anno Domini millesimo quingen-
tesimo quinquagesimo tertio, et regni nostri undecimo.

VIII.

Carta domini Joannis Charters de Amysfield militis.

" Jacobus, Dei gratia, rex Scotorum, &c. Sciatis nos dedisse, concessisse, dis-
posuisse, sic. dilecto nostro domino J[oanni Charters de Amysfield, heredibus
suis, et assignatis quibuscunque, hereditaria, totas et integras terras de Tinwald,
cum turrge, fortalicio, molendinis, &-c. Extenden. ad viginti libiatas terrarum an-
tiqui extentus, cum advocatione, donatione et jure patronatus ecclesiae de Tyn-
wald, jacen. infra vicecomit. de Dumfreis; quasquidem terras, &.c. perprius ad Ro-
bertum vicecomitem de Rochester hereditariae pertinuerunt, et quas ipse, &c. per
fustum et baculum apud Edinburgum resignavit, cum omni jure, titulo, &c. in fa-
vorem dicti domini Joannis Charters de Amysfield, heredum suorum et assigna-
torum antedict. proque hoc novo nostro infeofamento, per nos, nostro sub magno
sigillo ipsis desuper dan. et conceden. Insuper nos, pro bono, fideli et gratuito
servitio nobis, et preclarissimis nostris progenitoribus, per dictum dominura Jo-
annem Charters, ejusque predecessores, temporibus retroactis, prestito, et im-
penso, £ic. nee non pro diversis aliis bonis causis et considerationibus, nos mcven.
ex nostro proprio motu certaque scientiae, de novo damns, &c. Tenen. de no-
bis et successoribus nostris, in feodo et hereditate in perpetuum, &c. reddendo

(a) 2ist 900k, Maria Reg. No. 133.

APPENDIX. 137

** jura et servitia prius debita et consucta. Apud Greenwich in Anglia, vicesimo
"■ die mensis Maii, 161 1."

IX.

Cm-tn domini Joannis Charters de Amysfield, mi/itis.

" Jacobus, Dei gratia, Magns Britannia;, Franciae et Hiberniae rex, Stc. Sciatis
" nos dedisse, concessisse et disposuisse, tenoreque presentis carta; nostra dare,
" concedere et disponere predilecto nostro domino Joanni Charters de AmysHeid,
" suisque heredibus mascuHs, de corpore suo legitime procreatis sen procreandis,
" quibas delkientibus, suis legirimis et propinquioribus heredibus mascuhs quibus-
" cunque, cognomen et arniade Charters gerentibus hereditaria, omnes etsmgulas
" terras et baroniam de Amysfield, et terras de Dalruskane, &-c. jacen. intra vice-
" comitat.deDumfreis; nee nontotaset integras terras de Duchray, cum molendinis,
" &c. jacen. infra senescallatum de Kirkcudbright, et viceconiitatum de Dumtreis;
" quequidem terrce, baronia, molendina, ac alia prescript, cum pertinen. perprius
" prefato domino Joanni Charters hereditarias pertinuerunt, et quas ipse, cf-c.
" Apud Edinburgum per fustum et baculum resignavit, &c. pro hac nova nostra
" carta et infeodatione hereditaria sibi dicto domino Joanni, suisque heredibus mas-
" culis et tailzie respective, nostro sub magno sigillo desup. danda et concedenda
" in debita forma, sub provisione et conditione tamen, quod casu defectus hereduni
" masculorum legitime, et corpore proprio dicti domini' Joannis procreat. et ideo
" quod heredes antedict. talhse sibi in antedictis terris succederunt, quod diet, he-
*' redes talliae in dictis terris succedentes tenebuntur, persolvere heredibus fcEmin.
" dicti domini Joannis nomine provisionis, si una sit solumodo summam decern
" miUium mercarum, et si plures sint, summam viginti millium mercarum, usualis
*♦ monetae regni nostri Scotiae, equaliter inter ipsos : Insuper nos pro bono fideli et
" gratuito servitio nobis per prefatum dominum Joannem Charters de Amysfield,
" tanquam unum nostrum commissionariorum de lie Middleshearis, nuper confines
" he borders Scotire nuncupat. prestito et impenso, ac pro diversis aliis magnis re-
" spectibus, et bone considerationibus nos moven, de novo damns prefato domino
" Joanni, suisque heredibus masculis et tallia predict, totas et integras predictas
" terras et baroniam de Amysfield, &.c. (particularly bounded as contained fully
" in the charter) cum advocatione et donatione, et jus patronatus viccariarum
" ecclesiarum de Balmaghie, Trailflat, et Drumgray, &c. Tenen. de nobis et succes-
" soribus nostris in feodo, hereditate ac libera baronia in perpetuum, &-c. Red-
" dendo jura et servitia per prius debita et consueta. Apud Edinburgum, vige-
" simo octavo die mensis Novembris. anno Domini millesimo sexcentesimo quinto,
" ac regnorum nostrorunx annis trigesimo nono et tertio."

Carta domini Joannis Charters de Amysfield, ??iilitis, et Margaretce Fleyming ejiw
conjugi.

" Jacobus, Dei gratia, Magnae Britanniae, Franciae et Hiberniffi rex, &-c. («). Sciatis
nos, cum avisamento. Sic. dedisse, concesisse et disposuisse, &-C. dilectis nostris
domino Joanni Charters de Amisfield militi, et dominaa Margarets Fleming ejus
conjugi, eorumque alteri diutius viventi in conjuncta infeodatione, ac heredibus
masculis inter ipsos legitime procreatis seu procreandis, quibus deficien. dicti do-
mini Joannis heredibus masculis quibuscunque, omnes et singulas terras et baro-
niam de Kirkmichael, comprehenden. villam et terras de Kirkmichael, molendi-
dum et terras molendinarias earundem cum lie Plewlands earundem, totas et in-
tegras terras de Drysholme, Bekhouse, villam de Dryersdail, Torwood, Belheill,
Belton, et Quais, cam turrse, fortalicio, £tc. omnes jacen. infra senescallatum de

(o) Ja. VI. lib. 1615. 16, 17. letter H.
Vol. I. 5T

ijS APPENDIX.

" Annandale, et vicecomitatum nostrum de Dumfreis : Quequidem terraa et baro-
" niae ad Willielmum Kirkpatrick de Kirkmichael hereditariEE pertinuerunt, ac
" per eum, &-c. per fustum et baculum, ut moris est, apud Edinburgum resignatae
" fuerunt, &.c. Preterea nos pro bona, fideli et gratuito servitio, nobis et predeces-
" soribus nostris, per dictum dominum Joannem ejusque predecessoribus prestito, ac
" pro certis aliis causis, &c. et de novo dedimus, et pro perpetuo confirmaraus, dictis
" domino Joanni Charters et dominae Margaret* Fleyming ejus conjugi, eorumque
" alteri diutius viventi in conjuncta infeodatione, ac heredibus masculis inter eos
" legitime procreatis seu procreandis, quibus deficien. omnes et singulas terras et
" baroniam de Kirkmichael, &.c. jacen. ut supra, tenen. de nobis et successoribus
" nostris in feodo et hereditate, ac libera baronia, in perpetuum, per omnes certas
" metas, 6tc. Reddendo nobis et successoribus nostris jura, servitia et divorias ab
" antiquo usitat. et consuetis. Apud Edinburgum nono die mensis Januarii, anno
" Domini millesimo sexcentesimo decim.o septirao, et regnorum nostrorura annis
« quinquagesimo et deeimo quarto."

Carta domim Joannis Charters de Amysfield..

" Jacobus, Dei gratia, Magnas Britannise, Franciie et HiberniiE rex, &c. («).,
" Sciatis nos, cum avisamento, &.c. dare, concedere et disponere, &c. predilecto
" nostro domino Joanni Charters de Amysfield equiti aurato, nee non heredibus.
" masculis inter ipsum et quondam dominam Margaretam Fleyming ejus sponsam
'< legitime procreatis, quibus deficientibus, heredibus masculis dicti domini Joannis
" quibuscunque, hereditarie, omnes et singulas decem libratas terrarum de Kirk-
" raichael, cum molendino et terris de Plewlands (ut in predicta carta) et qua-
" draginta solidatas terrarum de Cragshiel et Dalorum, terras de Over et Nether
" Glenkills, extend, ad sex mercatas terrarum, quadraginta solidatas terrarum de
" Hoilhouse et Deir, terras de Gleimane, extenden. ad dimidiam mercatam terrae,
" cum turribus, fortaliciis, &-c. cum officio balliatus baroniae de Kirkmichael, &-c.
" Quequidem terrae ad Willielmum Kirkpatrick de Kirkmichael hereditarie per-
" tinuerunt, per ipsum de nobis immediate tent, ac per ipsura resignati fuerunt in
" favorem dicti domini Joannis Charters de Amysfield, &c. (ut supra) tenen. de
" nobis et successoribus nostris in feodo et hereditate in perpetuum : Reddendo
" wardam et releviam eorum heredum quando cadere contigerint, cum omnibus
" aliis juribus et servitiis, de predictis terris ante predict, resignationera debitis et
" consuetis. Apud Edinburgum sexto die mensis Junii, anno Domini millesimo
" sexcentesimo vigesimo secundo, regnorumque nostrorum annis quinquagesimo
" quinto, et vigesimo."

Carta Joannis Charters junioris de Amysfield, et Catharine Crichton ejus cmjugi. .

" Carolus, Dei gratia, Magnae Britanniae, Franciae et Hiberniae rex, &c. (b'). Sci-
atis nos, cum avisamento, &.c. dedisse, &-c. dilectae nostrae magistrae, Catharinae
Crichton conjugi Joannis Charters junioris de Amisfield in vitali reditu, pro om-
nibus suae vitae diebus, totas et integras terras de Drumgreen, fitc et similiter de-
disse, £ic. prefato Joanni Charters junioris de Amisiield et heredibus masculis in-
ter ipsum et diet, suam conjugem legitime procreatis seu procreandis, quibus de-
ficien. legitimis et propinquioribus heredibus suis masculis et assignatis quibuscun-
que hereditarie, totas et integras terras et baroniam de Amisfield, in se continen.
dominicales de Amisfield, cum domibus, 8m:. nunc in unum liberum burgum ba-
ronia erect, cum foro hepdomedario die Jovis tenen. et libero nundino ejusdem
anuatini die mensis Septembris vocat. festum Sancti Michaelis

(a) Ja. VI. lib. 21. l6;2, 23, 24: and 1625. C^) Car. I- lib. 1634, 5, 6. & 7. letters D. D. D.

APPENDIX. 139

■ tenen. ac cum omnibus et singulis privilegiis, libcrtatibus, toUoniis, custumis, casu-

■ alitatibus, proficuis, et divoriis pertmen. tt spcctan. ditto buigo baronine foiis hep-
doniodariis, et liberis nundinis, ejud. cum molcndinode Amisiield, terns molendi-
nariis, et multuris ejusd. jacen. (ut in predictis cartis); nee non totas et integras
qiwtuor mercatas terrarum de Polmentrie, cum pertinen. jacen. infia dominium
nostnim de Galloway; ac etiam totas et integras viginti duaslibratas terrarum de
Drysdail, comprehenden. viliam et terras de Drysliolme, Bckhouse villam de
Drysdail, &.c. jacen. intra sentscallatum de Annandale; quequidem terne, baro-
ni;^, molendina, silvx, piscariai, aliaque, supra mentionat. cum omnibus suis par-
tibus, pendiculis et pertinentiis antedict. ad dictum dominum Joannem Charters
de Amisfield militem, per prius hereditarie pertinuerimt, per ipsum de nobis im-
niediate tent, ac per ipsum suosque Icgitimos procuratores ejus nomine reiignat.
tuerunt, in favorem proque novo hoc nostro infeofamento sub nostro magno sigillo,
de integris terris et baroniis aliisque prescript, pretato domino Joanni Charters,
suisqne antedict. in debita et competenti forma desuper dan. et comedeu. &-c.
Preterea no?, cum avisamento et consensu, &c. de novo damus, &c. magistrse
Catharinae Criclnon in vitali redditu, &c. terras de Drumgreen, &-c. Et simili-
ter de novo damus prefato Joanni Charters, heredibus suis masculis tallise, &-c.
omnes et singulas terras, et baroniam de Amisfield in se continen. &-c. et terras
de Polmentrie, Kirkmichael, &.c. omnes unit, et erect, in unam integram et li-
beram baroniam, nunc, et omni tempore a futuro baroniam de Amisfield nun-
cupand. ordinan. turrum, fortalicium et manerei locum de Amisfield, principale
fore me^uagium dicta: baronia?, fiic. tenen. et haben. &.c. de nobis et successori-
bus nostris, in feodo licreditate et libera baronia in perpetuuni, per omnes rectas
metas, &c. reddendo, S^c. jura et servitia debita et consueta. In cujus rei testi-
monium, &.C. Apud Edinburgum, decimo quinto die mensis Decembris, anno
millesimo sexcentesimo trigesimo quarto, anno regni nostri decimo."

Carta Josephi Charteris de Buchrie.

" Carolus, Die gratia, Magnae Britanniae, Francias et HibernifE rex, &-c. Sciatis
" nos cum avisamento, £ic. dedisse, concessisse et disposuisse, &-c. ad et in favorem
" dilecti nostri Josephi Charteris filii legitime Roberti Charters, fratris gennani do-
" mini Joannis Charters de Amisfield militis, heredum suorum et assignatorum quo-
" rumcunque hereditarie, totas et integras terras de Diichrie, extenden. ad decern
" libratas terrarum antiqui extentus, continen. et comprehenden. in se terras de Tor-
" norroch, &c. Qj^iequidem terra, molendini, piscationes, aliaque prescript, cum
" pertinen. per prius hereditarie pertinuerunt ad diet, dominum Joannem Charters
" de Amisfield militem, et Joannem Charters suum filium feodatarium ejusd. per
" eos de nobis immediate tent, et que terrte resignata; fuerunt per illos cum con-
" sensu Georgii Rome de Kirkpatrick Irongray, pro suo interesse, &c. Apud
" Edinburgum in favorem dicti Josephi Charters ejusque predict, proque hoc novo
<' nostro infeofamento et sasina desuper danda et concedenda illi de diet, terris et
" molendinis, &c. tenen. et haben. &c. de nobis et successoribus nostris, in feodo
" et hereditate in perpetuum, per omnes rectas metas, &c. reddendo, &c. jura, et
" servitia et divorias prius solvi solit. et consuet. In cujus rei testimonium, &c.
" Apud Edinburgum, vigesirao die mensis Martii, anno Domini millesimo sexcen-
" tesimo trigesimo septimo, et anno regni nostri duodecimo."

By the writs above deduced it appears evidently that the family of Amisfield has
continued in the name of Charteris from King Robert Bruce to this day.

And since all the writs above mentioned do not particularly name the ladies of
that family, or of whom they are descended, I thought it would not be improper
to condescend upon their names and surnames, so far as history mentions thera ;
ajid particularly Mr George Crawfurd in his History of the Peerage of Scotland.

The first I find is Agnes Maxwell (a) second daughter to John Lord Max-

(o) Peerage, page 371.

140

APPENDIX.

well, by Agnes, daughter to Sir Alexander Stewart of Garlics. This lady was mar-
ried to Sir Robert Charteris of Amisfield, about the year 1494, in the reign of King
James IV.

The second lady mentioned in history is Janet Douglas (Z>), eldest daughter to
Sir James Douglas of Drumianrig, by Margaret Douglas, daughter of George,
Master of Angus. This Lady was married to John Charteris of Amisfield, about
the year 1530, in the reign of King James V. and in the year 1553, there is a
charter granted by Qvieen Mary in favour of Sir John and the said lady, of the
ten-pound land of Dalruskan, as noted in the 7th ch'arter of this memorial.

The third lady mentioned in history is Lady Margaret Fleming, third daughter
to John first Earl of Wigton, by Lady Lilias Graham, daughter to John Earl of
Montrose. This lady was married to Sir John Charteris of Amisfield, about the
1610, in the reign of King James VI.; and in the year 1617 there is a charter
granted by King James Vi. in favour of the said Sir John and the said Lady Mar-
garet, of the lands and barony of Kirkmichael, &c. as noted in the loth charter
of this memorial.

The fourth lady mentioned in history is Lady Katharine Crichton, second
daughter to William first Earl of Dumfries, by Euphame Seaton, daughter to
James Seaton of Touch. This lady was married to Sir John Charteris, younger
of Amisfield, about the year 1633, in the reign of King Charles I. And there is
a charter granted by King Charles 1. in favour of the said Sir John and lady Ka-
tharine, and the heu-s-male of their bodies, of the lands and barony of Amisfield;
&-C. erecting the village of Amisfield into a burgh of barony, with several privileges,
such as weekly markets, yearly fairs, &c. as in charter 1 2. of this memorial, con-
taining also a tailzie in favour of heirs-male, and in case of an heir-female redeem-
able from her for payment of 10,000 merks Scots.

The records of this kingdom being carefully searched, and thexe being no other
family of the name of Charteris before the first mentioned Robert, great-grand-
father to Robert, in whose favour the first charter on record is granted, it may be
reasonably conjectured, that all the gentlemen of that name have sprung from the
honourable family of Charteris of Amisfield, whereof there are some mentioned in
rlie records, viz.

I. Charter in favour of Thomas Chakteris (c), of the lands of Halton, Pit-
morthie, and Craigamore, lying in the barony of Lumphynhanan, in the shire of
Aberdeen ; and of all and hail the lands of Kinfauns and Pitfundy, lying in the
barony of Kinfauns, in the shire of Perth, upon the resignation of Sir WiUiam
Charters of Cragmore, his father, dated 15th June 1487.

, 1. Charter in favour of Andrew Charteris, (designed) Provost of the burgh of
Perth (d), of all and haill the barony of Cuthillgourdy.

3. Litera Magistri Johannis Chartems Capitaneo de Gahtoun terrarum de Len-
ftn {e).

4. And in the same book of King James IV. there is a charter of confirmation
in favour of John Charteris, of the lands and barony of Cuthillgourdy.

5. As also in the same book there is a charter of confirmation in favour of An-
drew Charteris of the lands of Forgundefuy.

6. Charter in favour of John Charteris of the the lands and barony of Cuthill-
gourdy.

7. Charter in favour of John Charteris of Kinfauns (7") of the lands of Golk-
ton, Ribno and Tullihou.

8. Charter of confirmation in favour of Alison Charteris of the lands of For-
gundemy (^).

9. Charter in favour of John Charteris of Cuthillgourdy {hi) of the lands of
Drumnockqushiel and Drumquhasheil; and another charter in his favour of the
lands of BaUatheis, with the fishings belonging thereto ; as al$o contains the lands'
called the Mains of Kinclevine.

ih) Peerage, page 416. (f) 5th Book, K. Ja. III. (</) 8th Book, K. Ja. III. (0 13*'^ Book, K.
la. IV. (/) 20tU Book, K. Ja. V. C^) 25th Book, K. Ja. V. (A) 2t,th Eook.K. Ja. V.

APPENDIX. r4r

10. Charter in favour of John Ch.irters of Windyhills, of tlie lands of Nether
Kelwood and Bowerlands (/').

11. Charter in favour of AusoN Charteris, of the half of the superiority of the
lands of Kinclevine, Ballatheis, Drumnoquheill, &c. (k).

12. Charter in favour of Elizabeth Charteris, of the other half of the superi-
ority of the lands of Kinclevine, Ballatiieis, Drummoqiihein, &c. (/).

13. Charter in favour of Alison Ch.\rteris, of the lands and barony of Kincle-
vine, comprehending other lands (ot).

14. Charter of confirmation in favour of John Charteris of Kinfauns, of the-
lands and village of Crosschapple, with the teinds belonging thereto («).

LESLIE OF FlNDRASSIE,

FOR the clearing more fully and effectually the right of primogeniture the
Leslies of Findrassie have to the family of Rothes, and setting that matter in a
clearer light than it hath hitherto appeared, it will be proper to observe, that the
noble family of Rothes were not raised to the honour and quality of earls, by let-
ters patent erecting their lands into an earldom or comltatum, and therein specify-
ing and appointing what set or species of heirs were to succeed to the dignity and
estate, but by cincture and investiture in Parliament : For, by several authentic
vouchers, which we have seen and perused, it is plain and evident, that George
Lord Leslie upon Leven, as he is called in several deeds, was by the special favour of
King James II. created and raised to the honour of Earl of Rothes in the year 1459
(0), by cincture of a sword, and the other rites and solemnities then usual; so
an honour, after that manner established, devolves for ever to heirs-male of the first
patentee, in exclusion of heirs of line, if some act and deed of the sovereign, the
fountain of honour, do not intervene, altering the succession from heirs-male to
heirs-female, as was the case in the family of Rothes ; for, in the 1667, John, then
Earl of Rothes, afterwards Duke of Rothes, having no heirs-male of his body,
that he might disappoint the succession of the heir-male of George the first Earl
of the House of Rothes, and exclude them from any title they might have had to-
the estate, resigned both the title, honour, dignity, rank, and precedency of Earl
of Rothes, in the hands of his majesty King Charles II. in favour of his heirs-
female, in failure of the heirs-male of his body, whereupon a charter was expede
under the Great Seal (p), in virtue whereof, Margaret Countess of Rothes suc-
ceeded the duke her father in the title of Earl of Rothes, on his death in the year
1.681.

But to return to George the first Earl of Rothes, for the clearing the succession,
and bringing down the line of the tamily of Findrassie, we must observe that this
noble earl, by Christian his wife, daughter of Sir Walter Halyburton Lord of Dirle-
ton, and Andrew, stiled Master of Rothes, who in the lifetime of his father mar-
ried Janet, daughter of William the first Earl Marischal, by whom he had two sons,
viz. George, who was his grandfather's successor in the honour ; but he dying
without issue-male, was succeeded by his brother William Earl of Rothes, who was
slain at the battle of Flodden, leaving his son young at his death, George, com-
monly called the Great Earl of Rothes. This earl married first the Lady Margaret
Crichton, only daughter of William Lord Crichton, by the Lady Cicely his wife,
second daughter to King James II. of Scotland. She was not a natural daughter
of the Lord Crichton's, as some insinuate, but the Lady Cicely, the king's daugh-
ter, was his lawful wife ; and it is plain, that he was not forfeited for his indecent
correspondence with the lady before her marriage, but for joining with the Duke

(0 30th Book, Maria Reg. (i) 31st Book, Maria Reg. (/) Ditto Book, Maria Reg. (m) Ditto
Book, Maria Reg. («) 33d Book, Q. Mary. (0) Charta in publicis archivis. (^) In the public records.

Vol. n. 5 U

i42 APPENDIX.

of Albany in his unnatural rebellion against his hi-other King James HI. anno
1483 (?)•

The family of Rothes then being low, Earl George married this Lady Margaret
Crichton, then the widow of one Mr Paular of the town of Montrose : She was a
great fortune, and lier vast estate in money contributed not a little to relieve the
family from the great burden it was under, and put it in that condition of lustre
it still continues : But this lady being much above the Earl in years, he commen-
ced a process of divorce against her ; but it is certain it could never proceed upon
the disparity of their age ; for that was a reason could never have been sustained by
the canonists : it must have proceeded upon a nullity in the marriage ab initio, and
that upon the score of consanguinity that had not been dispensed with by a bull
from the Court of Rome, or from the delegates of the Apostolic See : however, in
these cases, where there was a marriage de facto, there never failed a clause in
these divorces, and a salvo reserving the legitimacy of the children procreated be-
twixt the parties, even though the marriage was declared void and null from the
beginning, because they were born bona fide, and the defect could not be in reason
imputed to them. The Earl, however, we are certain, proceeded to a second mar-
riage with Dame Nicolas Somerville, dowager Lady Fleming, daughter of Sir
John Somerville of Cambusnethan, by whom he had Andrew, afterwards Earl of
Rothes. After the death of this lady, he married next the Lady Dowager of Craw-
ford, who was a daughter of the House of Lundie, and after that a daughter of
the Lord Gray, who was widow both to the Lord Glammis and the Earl of Huntly;
tut these ladies living very short while, from a conviction, it seems, of the in-
justice he had done to his first lady. Lady Margaret Crichton, he married her ca-
nonically, according to the rules of the church then in being, and made her, all im-
pediments being removed, his lawful wife, as she is designed, and Comitissa de
Rothes, in a charter under the Great Seal in the year 1542, which is in the public
records (/). And so much is certain, that the children procreate betwixt the Earl,
of Rothes and the Lady Margaret Crichton were so far considered as lawful, that
their eldest son, Norman Leslie, was stiled and designed in all pubhc acts and
deeds Master of Rothes, and fiar of the earldom of Rothes (/). This Norman was
a noble gallant young man ; but all these excellent qualities and endowments he
was possessed of were miserably sullied by his imbruing his hands in the blood
and murder of Cardinal Beaton, archbishop of St Andrews, in the year 1546,
for which he was forfeited ; and the father, by some act and deed of the crown
that I have not seen, came to be fully invested in the estate of the earldom him-
self, and had it in his own power to dispose of it to any of his sons of his different
marriages he had a mind. His younger son, Robert Leslie, by Lady Margaret
Crichton, was the first of the Leslies of the House of Findrassie, who had these
lands in patrimony from his father, while Norman, Master of Rothes, his elder
brother was ahve, and who was of the full blood with himself. It is strange he
did not succeed his father in the earldom of Rothes ; but it is plain it was not
from any impediment in his birth, but, as Bishop Leslie tells us, from the special"
favour of the Duke of Chattelherault, while he was regent of Scotland in tlie mi-
nority of Queen Mary, that the fee of the estate, and the heritable offices of the
family, came all to be vested in the person of Andrew Leslie of Kilmeny, as he is
designed ; and the earl's second son, by charters under the Great seal, on the sur-
render and resignation of the Earl his father, and to whom, by virtue of these in-
vestitures, he succeeded both in the estate and honour at his death on the loth
of November 1558. The only reason why that Robert Leslie of Findrassie, who
was, as we have said, the son of George Earl of Rothes by Lady Margaret Crich-
ton, could not quarrel in point of law his brother Andrew's succession, was, that
the investiture of the estate was the rule of regulating the succession to the estate,
as well as the descent of the honour in those days ; and these were all ratified and
confirmed to him by charters passed and expede under the Great Seal many years
before his father's death ; for, in those days, it was no singular case in the family

(y) The process is extant in the registers of Parliament, and it proceeds upon his having stuffed^ that
js, fortified his Castle of Crichton against the king, (r) In the writs of the Privy Seal, (j) This is
vouched bcth from the public archives and the histories of the time.

APPENDIX. 14s,

of Rothes to di\ert the succession from the right channel to heirs more remote ;
for, about this very time, David, dien Earl of Crawfoi'd, disinherited his own son,
and resigned the tee of the earldom of Crav^'ford, in favour of Sir David Lindsay
of Edziell, who accordingly "succeeded at tiie earl's death, both to the estate and
honour of the House of Crawford. The reason of all this high degree of favour
shown by thje Duke of Ghattelherault to the Earl of Rothes's son, Andrew Leslie,
by Dame Nicolas Somerville, was, that he had married Grissel Hamilton his niece,
daughter of Sir James Hamilton of Finnast and Evandale, iiis natural brother, to
whose memory he had, during his whole administration, shown the highest regard;
for, immediately upon his accession to the regency, he reduced his forfeiture in the
Parliament 1543. and got his son restored to his estate, and his daughter married
to the Earl of Rotlies's son, and the succession both of the estate and the honour
settled on them and their heirs.

Robert Leslie of Findrassie, the Earl of Rothes's son, married Janet, daughter
of Robert Lord Elphijistone, by whom he had Robert his successor.

Robert Leslie of Findrassie, who married Margaret, Daughter of Alexander
Dunbar, Dean of Murray, one of the Senators of the College of Justice in the
reign of King James VL ancestor to Dunbar of Grange, and had Robert and John,
of whom the present Findrassie. This Robert married Isabel Forbes, daughter to
Abraham Forbes of Blackton, sixth son to William Lord Forbes, by Elizabeth his
wife, daughter and one of the two co-heirs of Sir William Keith of Inverugie, by
whom he had George, his eldest son, who died without succession, and Abraham

the second son; which George married Mary, daughter of Bannerman

of Waterton, but died without issue. Abraham succeeded his brother, and died
without issue, and was succeeded by his great nephew John LesHe, now of Fin-
drassie, second son to Robert Leslie the second Laird of Findrassie ; which John

married Janet, daughter of Nairn of Cromdale, and had John

his son, who married Grissel, daughter of John Douglas of Tilliquhally, a cadet of
the family of Morton, even since the house of Lochleven succeeded to that ho-
nour and dig.nity, and had John Leslie, now of Findrassie, who married Mar-
garet, daughter of Charles Gordon of Glengorock, and had Alexander his son and
heir.

As to the coat of ajrms given to George Leslie of Findrassie, by Sir Charles
Erskine the Lord Lyon, I cannot say but it was a very proper cognizance he took
from the family of Rothes ; for, to be sure, the bordure cheque was a distinction too
remote for an imediate son of the house ; but it is plain the cheque bordure has
been taken to keep up the memory of his descent from the royal family of Stewart,
of which he had the honour to be descended so nearly by his predecessor's grand-
mother, being the second lawful daughter of King James U. just as we find the
Maxwells of Calderwood carry the paternal coat of Maxwell within a bordure cheque,
azure and argent, by reason that the first of the family of Calderwood was Sir
Robert IVLaxwell, second son of Sir John Maxwell of Pollock, by Elizabeth his
wife, daughter of Sir James Lindsay Lord of Crawford, and of the Lady Edgidia
his wife, daughter of Walter, Great Steward of Scotland, and sister to King Robert
II. ; so that as the first Sir Robert Maxwell of Calderwood assumed the cheque as his.
cognizance, to show his descent from the royal family, so did the Laird of Findras-
sie the same to show that his predecessor's grandmother was of the royal family,
w'no we know was the Lady Cicely, the second lawful daughter of King James II.
and, next to the House of Hamilton, the nearest descendants of the royal House of
the Stewarts, that are not descended of King James VI. the first monarch of Great
Britain.

BANNERMAN of that Ilk.

THE surname of Baxxerman derives its original from the office of banner-bear-
er to the king, and he who bore the banner before King Malcolm ill. when he

144 APPENDIX.

was going against the rebels in Murray-Land, who, finding him cowardly in not
attacking them, took the standard from him, and gave it to Sir Alexander Carron,
ancestor to Viscount Scrimgeour of Dundee. See Boetius about anno 1180. For
which cowardice (says Sir George Mackenzie in his Genealogical Account of the
Families in Scotland) he and his successors were ordained in all time coming to
bear in their coat of arms a banner, with the staff of it broken, whereof, being
ashamed, they forbore to carry any arms at all for many ages, till of late they as-
sumed these of Forbes, with some difference, because of their frequent alliance
with that surname.

Ba:^nerman of Waterton, thereafter of Elsick, began to use the old coat of
Bannerman, without the mark of dishonour, thus, gules, a banner displayed argent,
and thereon in a canton azure, a St Andrew's cross of the second j and, for his crest,
a man in armour, proper. Motto, Pro patria. See Sir George Mackenzie, and
Volume Fh-st of this System.

Andrew Bannerman gives a charter to Henry Mercer of Lydenoch, of the lands,
of Wester-Cardeny lying in the barony of Logic, and shire of Perth ; this is dated
9th July 1 54 1, in publica custodia.

William Bannerman of Cardine has a charter of Blackhills, and many other
kirk lands in Perthshire, 1588. Ibid.

Alexander Bannerman of Waterton, and Margaret Reid his spouse, have a char-
ter dated 29th April 1590. Ibid.

Alexander Bannerman of Waterton is Sheriff-Depute of Aberdeen, 1509.
Scotstarvet's Collections, page, 184.

Henry Bannerman of Waterton; there is an apprising led against him, at the
instance of David, Bishop of St Andrews, of his lands of Bryanton, Rynd, and half
of Pinsfield, in Forfarshire, for the non-entry duties, 25th February 1539. Ibid.
page 603.

Andrew Bannerman gives a charter to Henry Mercer of Ledinot, of the six-
merk land of Easter-Cardeny, and nineteen shilling seven-penny land of Wester-
Cardeny, lying in the barony of Logic and sheriffdom of Perth, 9th July 1541.
Ibid, page 730.

Alexander Bannerman of Waterton, and Margaret Reid his spouse, have a char-
ter of the two-merk land of Auchmurky (potius Annidoy in Aberdeenshire, on his
own resignation, 25th March 1550. Page 947.

Margaret Bannerman, daughter of Elsick, is spouse to George Gordon of
Haddo, 23d November 1608, and was great-grandmother to the present Earl of
Aberdeen; she has then a charter in publica custodia.

Bannerman of Elsick married a daughter of Alexander Hamilton of

Binny, by a daughter of the Earl of Abercorn, whereby the family is descended
of the blood royal. Genealogy of Sir George Hamilton of Tulhallan, baronet.

Mr George Bannerman of Dunboig was a second son of Elsick, a bright man ;
he was admitted an Advocate before the Lords of Session 14th February 1671. He
was made Solicitor to King Charles !!.[; to which post he was admitted i6th of Ja-
nuary 1684. He married Elizabeth Oliphant, daughter to tlie Laird of Bachilton,
but died, (^to the regret of all honest men) and was buried in the Grayfriars of
Edinburgh, the 20th November 1691. He never qualified himself to the Prince
of Orange, being a staunch royalist, as all the family have been for many years
past, which atones for the cowardice of his ancestor. He had several younger
brethren, as Mr Robert Bannerman, minister at Newton, who was put out of his
church in 1689, for not complying with the iniquity of the times. Captain

Bannerman was an officer in King James's forces, &-c. He had also

several sisters, one whereof was married to Leslie of Findrassie, who should have
been Earl of Rothes, if his great-grandfather, Norman Leslie, fiar of Rothes, son of
the Earl of Rothes, had not been forfeit for the murder of Cardinal Beaton, where-
through the earldom of Rothes fell to the bairns of Nicolas Somerville, the first
lady of the said earl, albeit the same was provided by the father to his second lady,
Margaret Crichton, daughter of William Lord Crichton, begot on Cicely, lawful
daughter to King James IL

There was another sister of the said Mr George married to Mr George Keith of
Whiterigs, sheriff-depute of the Merns.

APPENDIX. 145

Sir Peter Bankerman, a son of this family, was Provost of Aberdeen in the
year 17 15.

The present laird married a daughter of Sir Donald M'Donald of Slate, whereby
the family is come a second time of the royal family. See the armorial bearing ot
the family in Volume First.

RENTON.

SIR THOMAS RENTON, M. D. second son of William Renton of Mosscastle,
of the House of Billy, by his ingenuity and great success in curing of ruptures
was called to London 1719. After giving many ocular demonstrations of his great
cures of ruptures, he was, by the government, retained in Chelsea College as a
ph\ sician there for the benefit of that hospital.

King George I. for his faithful service and good offices done, conferred on him
the honour of knighthood, and made him his own physician extraordinary, gave
him L. 5000 in specie, with h.e^oo per annum during life. His Majesty yet fur-
ther, out of his great goodness and unparalleled favour, ordered my Lord Carteret,
then Secretary of State, to cause (at his office) a patent to be drawn, to create the
said Sir Thomas a Baron of Great Britain, and Lord Renton, who modestly desired
to be excused ; this, amongst many other tokens of respect shown him, both at
home and abroad, when he had the honour to attend his majesty in his foreign do-
minions.

Carries, as his arms, azure, a lion rampant argent, on a chief gules three stars;
crest, a demi-lion rampant argent, holding in his dexter paw a scimitar or sabre:
motto, Honor i$ honestas.

ROBERTON of that Ilk, and of Earnock, in the Shire of L.anark.

THE family and surname of Roberton, like most others of the greatest anti-
quity, is plainly local, and taken from their own hereditary lands of Roberton,
when surnames, or agnomina, began first to be taken up and assumed by persons
for distinction's sake; which most antiquaries are agreed were not in use in England
before the conquest by the victorious Duke of Normandy, or with us before the
reign of King Malcolm II. commonly called Canmore.

The first using the surname of Roberton, that is to be met with in any authen-
tic deeds that have occurred to me, is Rohertus de Roberton, or Robertas de "villa
Roberti, which is one and the same, who, in or about the 1200, is witness to a
mortification by Hugo de Bigris vicecomes de Lanerk, filius Roberti de Bigris, filii
Vaidevi de Bigris, Patronus trclesia- de Stratbeven, whereby he gave in pure and
perpetual alms, Deo y aclesia sancti Mncenti de Lesmahagow, totam decimarum
Bhuli terra Ricardi Barde; the other witnesses to the charter are Reginaldus de
Cranjufurd, llcecomes de Air, and Archibnldiis de Douglas. By the witnesses we
come to know the date of the charter, for, from the same authority, the registers of
the abbacy of Kelso, in the Lawyers' Library, Sir Reginald Crawfurd executed the
office of sherift' of Ayr precisely in the 1228. The next of the surname and line
of the family of Roberton is another Robertas de villa Roberti, that is Roberton or
Robertston ; for the word villa, in ancient times, was given for a town, as well as
smaller village, to which it has been in latter times restricted; for upon our old
coins we see that on one side they bear lllla de Edinburge, Villa de Dundee, Villa
de Aberdeen, &.c. denominating the different towns and places where they were

Vol. II. 5 X

1^6 APPENDIX.

struck and coined : So that this Robertus de villa Roherton is just the same as Ro-
bert of Robertston, or Roberton of that Ilk. He under that title and designation
is witness to a charter granted by Thomas fil'nis Tankardi, de una Carracntii terra,
a plougli-gate of land in libcro maritagio Johanni Logan cum Beatrice' sorore sua,
as is instructed by the original charter in tlie custody of IMajor John Roberton of
Earnock. The deed has no date, but another witness to it is IVilhelmus de Douglas,
iS Arkinhahio filio suo; which, by the ancient writs of the family of Douglas,
appears to be about the beginning of the reign of Alexander III. anno 1250.

The next of the line of this ancient family was Stephen de Roberton, who, upon
the demise of Margaret Qiieen of Scotland, commonly called the Maid of Norway,
the grandchild and heir of Alexander 111. when the competition for the crown be-
gan betwixt the Bruce and the Baliol, this Stephen de Roberton of that Ilk seems to
have been attached to the side of Baliol : In the 1296, he, among the other barons
and freeholders of the county of Lanark, swears fealty and allegiance to King
Kdward I. of England, as direct and immediate superior of the kingdom of Scot-
land, as he then called himself, as is instructed from the Ragman Roll, in Prynne's
History of King John of England, which he calls his Papal Usurpations. The un-
controvcrted tradition in the family, and believed all the country over, is, that in
the unhappy contest about the crown, that Stephen de Roberton of that Ilk adhered
to the Baliol, as many others of note did ; and that upon the accession of Robert
rlie Bruce to the throne he was forfaulted, the barony of Roberton was given to
Sir James Douglas of Larden, ancestor to the Douglasses of Dalkeith and Earls of
Morton, and the lands of Earnock, in the barony of Cadyow, which till then were
the patrimony of the crown, was given to Sir ^\^alter, the son of Sir Gilbert de
Hamilton, the ancestor of his Grace the Duke of Hamilton: In support of this
traditional account, so much is certain, that the barony of Roberton soon after that
time, and for long tliereafter, was in the family of Dalkeith; and PVilliam de
Douglas, son and heir apparent of Sir James de Douglas of Dalkeith, is designed
Domimis de Roberton in a deed in the Fndera Anglice about the 1404. And that
the family of Hamilton came to be superiors of the lands of Earnock, is as plain
as writs granted by a superior to his vassal can make it, of vi'hich the family of
Earnock have a succession of charters from the illustrious family of Hamilton.

But though Stephen Roberton of that Ilk lost his estate for adhering to a so-
vereign he thought had the best title, and most agreeable to a hereditary monarchy,
yet his family were not quite cut off, and utterly extinguished ; for Simon Ro-
berton, his own son, by the favour of Sir David Hamilton of Cadyow, got back the
lands of Earnock, by the marriage of his daughter, and by whom he had two sons,
John, and Robert a younger brother, who is substitute in the succession, failing
heirs-male of his brother, in the destination of the estate of Earnock, as appears
from an original charter in Earnock's own possession. This John Roberton is the
first of the family that is designed of Earnock; for he gives Johanni Ross de Hauk-
head the lands of Auchinback. quo fuere Jjhannis Roberton of Earnock,./;; baronio
de Renfrew ; v^hich charter of alienation is ratified and confirmed by King Ro-
bert II. by a charter under the Great Seal, still extant in the public register of
charters at Edinburgh, in the year 1380. That which still more confirms that
this John Roberton of Earnock had a near alliance and relation by blood to the
family of Hamilton, is a charter still extant in the possession of the family of
Earnock, granted by " Johannes de Hamilton, Dominus de Cadzow diiecto con-
'■ sanguineo suo Johanni de Roberton filio et hercdi quondam Symonis de Ro-
" berton, de terris meis de Earnock, Sansay, prout jacent in baronia de Cadzow
" in valle de Clydsdale, una cum terra ilia que vocatur le Woolshaw, cum suis per-
" tinentiis; tenend. et habend. eidem Johanni de Roberton, et heredibus suis mas-
" culis de legittimo thoro procreandis, quibus deficientibus Roberto de Roberton,
" fratri ejusdem Johannis de Roberton." To the deed the granter. Sir John Ha-
milton of Cadyovf, appends his seal, " Coram his testibus, Robertus de Dangleton,
" Johannes de Hamilton de Fingleton, Alexander Hamilton, Johannis de Hamilton
" de le Ross, Alexander de Hamilton militibus, Willielmus ile Hamilton, Rotaldo
" Wyeir, Simon de Nisbeth, David de Hamilton, Johannes de Allanson scutiferis."
The charter has no precise date, but I am pretty confident that, from other con-
curring writs I have perused, it is in the 1390, or 1391. This John Roberton of

APPENDIX..

147

Earnock allied in man-iage with the family of Somerville, and had a son, John,
who was his heir and successor, and a daughter, Isabel, who was married to Sir
Walter Scott of Murdieston, the direct and immediate ancestor of the present Duke
of Buccleugh, as is vouched from the original contract of marriage in the charter-
chest of the House of Cleland.

Which John Roberton of Earnock succeeded his father, and married Margaret

Hamilton daughter of Hamilton of (c/), by wliom he had

issue a son, John, who was his father's heir apparent, but died in the lifetime of hi^
father : However, he left a son, Robert, who was served and retoured heir lo
John Roberton of Earnock. his grandfather, dated the 17th of February i486 {b).
This Robert Roberton of Earnock married Margaret, daughter of John Hamilton
of Torrence (t), by whom he had John his son and heir, who succeeded his father,
and married EHzabeth, daughter of Alexander Cleland of that Ilk, an ancient
family in the shire of Lanark, whose mother was daughter to the Lord Somerville,
and had issue : He married next Margaret, daughter of Allan Lord Cathcart, by
Helen his wife, daughter of William Lord Semple, and had a numerous posterity,
viz. John his eldest son, who was the heir of the family, Robert Roberton, a
younger son, who went abroad and settled in France.

John Roberton of Earnock, the next in succession of this ancient family, mar-
ried Margaret Hamilton, daughter of James Hamilton of Torrence, descended of
Thomas Hamilton, a brother of the family of Hamilton, in the reign of King
James I. by whom he had James his heir and successor (i^/), who succeeded him
hi his estate, John Roberton Esq. the ancestor of the present House of Earnock,
Archibald, the third brother, of Stainhall : He married EHzabeth daughter of Ro-
bert Baillie of Jervieston, by whom he had Mr James Roberton of Eedlay, who
was one of the Senators of the College of Justice at the Restoration of King
Charles II. great-grandfather to James Roberton now of Bedlay, and several
daughters, one of whom was married to the famous Mr David Dickson, of whom
is lineally descended the present Sir Robert Dickson of Carberry, baronet, and
another to Mr John Rae, a Professor in the University of Glasgow, and had issue ;
of whom are descended by the mother side the Hamiltons of Bardowie, and the
late Hamiltons of Dalserf. This John Roberton of Earnock had also several
daughters ; Abigail, who was married to Mr David Forsyth of Halhill and
Dykes, Commissary of Glasgow, of whom a numerous issue are descended ; Mar-
garet, another daughter, was married to Robert Hamilton of Little-Earnock, or
Kennedy 's-Earnock ; and her second son was James Hamilton of Bangour, of
whom that family is descended ; and his second son was Sir William Hamilton of
Whitelaw, one of the Senators of the College of Justice, and Juitice-Clerk in the
1704.

James Roberton, the next ot the House of Earnock in succession, married
Christian Dundas, daughter to John Dundas of Newliston, whose mother was a
daughter of the famdy of the Stewarts of Rosyth : She was a widow to Robert
Dalziel of that Ilk ; by her he had James, who succeeded, and a daughter, who
was married to Robert Hamilton of Airdrie, and had issue ; another to Blair of
Braxfield, another to Muirhead of Lynbank, and had issue; another to Mr
Muirhead, a brother of Lynbank, of whom was lineally descended Mr John.
Muirhead, minister at Cambusnethan, and William Muirhead, Esq. his bro-
ther.

James Roberton of Earnock succeeded his fether, and married Alison, daughter
of Robert Hamilton of Preston, by whom he had a numerous issue of sons, John,
Matthew, James, George, Andrew ; several of these gentlemen, the younger sons
of the family of Earnock, went abroad, and served under the Duke of Hamilton,
in his expedition to Germany in the 163 1, in the service of the renowned Gusta-
vus Adolphus King of Sweden, against the Imperialists ; particularly Matthew.
Roberton, the second brother, inclining to settle abroad, he obtained from the
Marquis of Hamilton a certificate of his birth and family ; which the Marquis ac^
cordingly caused draw up in form of a birth-brief, certifying the said Matthew'.

{a) Writs in the cliarter-chest of tlie family of Earnock, nl.ich I have seen and perused; (p) Ibirl-,
Cr) The writs of the family vouch all this succession. (</) ft/,/.

3

14S

APPENDIX.

Roberton to be younger son to James Roberton of Earnock ; John Roberton, by
corruption called Robton in France, was his grandson, and was a Counsellor of
the Parliament of Paris : The Counsellor left behind him a son, John Robton
or Robei-con, who died in 1721, and was Secretary to his Majesty King George I.
as Elector of Hanover, and left a son, George Robton, Esq. his son and
heir.

From James Roberton of Earnock the estate of Earnock came to the heirs of
his second brother John Roberton. This John Roberton got an annuity out of
ihe lands of Allheirstocks, from William Bannatyne of Corhouse : In the deed he
is designed John Roberton, brother-german to James Roberton of Earnock ; it is
taken to himself in liferent, and to Bartholomew Roberton, his eldest son, in fee,
and to his heirs ; which failing, to John Roberton his second son : it is dated in
the year 1586 (a) : This John Roberton, the ancestor of Earnock, married Chris-
tian, daughter of Robert Dalziel of that Ilk, ancestor to the Earl of Garnwath (b),
by whom he had John his eldest son, who died without succession, and Bartholo-
mew, his father's heir and successor in the estate of Earnock. For vouching and
instructing this descent, there is a precept of dare constat, by Robert Lord Semple,
to James Roberton of Earnock, of the lands of Shawton in the barony of Glass,
ford, and to the heirs-male lawfully procreate of his body ; which failing, to
" John Roberton iilio et hxredi apparenti Johannis Roberton fratris-germani dicti
" jacobi Roberton de Earnock, procreatum inter quondam Catherinam Dalziel
" sorovem uterinani dicti Jacobi Roberton de Earnock, et haeredibus suis, quibus
" deficientibus Bartholomeo Roberton fratri suo germano, et ha;redibus suis, qui-
'• bus deficientibus hicredibus dicti Johannis Roberton patris, quibus deficientibus
" Archibaldo Roberton in Stainhill fratris-germani dicti Jacobi et Johannis, et
" hxredibus suis." This deed bears date the 8th of September 1598 (c) .• This
John Roberton, after the death of Katharine Dalziel his first wife, married again
Margaret Hamilton, daughter of John Hamilton of Orbieston, and sister-german
to John Hamilton then of Orbieston, who is the party contracting for her in the
ii;q^, as appears from the original contract in the Laird of Earnock's charter-chest,
wVich I have seen. This John had by Katharine Dalziel, his first wife aforesaid,
Bartholomew his heir, and the next Laird of Earnock, and John, who was Sheriflf-
Clerk of Lanark, of whom the Robertons of Whisleberry, and others, are de-
scended. The above Joan likewise had a brother named Mr James, who pre-
ceded the last mentioned John as Sheriff-Clerk of Lanark, and who mortified a
considerable sum of money for erecting an hospital at Hamilton, which subsists to
this day ; as the original in the hands of the Town-Council of Hamilton more
fully bears.

Which Bartholomew Roberton then his father's son and heir apparent, on the
17th of October 1608, is, with consent of his father, contracted to Margaret Law,
lawful daughter of John Law of Waterfoot in Merns : She was sister to Mr An-
drew Law, minister at Neilston, grandfather to John Law, Esq. the great Mr Law,
who was General Governor of the Fmances of France in the minority of Lewis XV.
during the regency of the late Duke of Orleans, who made such an illustrious
iigure in Europe at that time : By her, the said Margaret Law his wife, he had
issue

John Roberton of Earnock, his son and successor in his estate, who married
Christian, daughter of Sir John Hamilton of Orbieston, who was one of the Sena-
tors of the College of Justice, an* Lord Justice-Clerk, in the reign of King
Charles L by Bethia, his first wife, daughter of James Bonar of Rossie, an an-
cient family in the shire of Fife, but is now extinct : by whom he had a son, who
was his successor, and a daughter, Anna, who was married to James Chancellor,
son and heir of Robert Chancellor of Shieldhill, in the county of Lanark, and had
issue.

Which John Roberton of Earnock married Bethia, daughter of Sir John Hen-
derson of Fordel, the first baronet of that ancient family. Her mother was Mar-
garet Monteith, daughter of William Monteith of Randeford in the county of

(a) The original Is in the hands of the present Earnock. (i) Writs in the charter-chest of the
House of Earnocli, which I have seen. (<r) Charter in the custody of Major Roberton of Ear-
nock.

APPENDIX. 749

Fife, andof Margaret Colvil his wife, daughter of Robert Colvil of Clyth, ancestor
to the Lord Colvil of Ochiltree, by whom he had issue, John, his son and heir, and
one daughter. Christian, who was married to Archibald Roberton of Bedlay, and
had issue.

John Roberton, the next of the family of Earnock, married Anne, daughter of
William Hamilton of Raploch, descended of Thomas Hamilton of Darngaber, an
immediate brother of the illustrious house of Hamilton, in the reign of King
Robert III. Her mother was Jean, daughter of Sir John Kennedy of Colzean,
by his first wife Margaret, daughter of Bryce Blair of that Ilk, an ancient family
in Ayrshire, from whom is paternally sprung the Earls of Dundonald : By her he
had John, his eldest sonand heir, and William, a younger brother, a fine young
gentleman of great merit and virtue, who died unmarried, to the grief and regret
of every one who knew him.

Major John Roberton, now of Earnock, married Elizabeth, eldest daughter of
James Hamilton of Daliiel, by Margaret his wife, daughter of Sir Archibald Ha-
milton of Rosehall, baronet, and has issue, James Roberton, Esq. his son and ap-
parent heir.

The armorial bearing of this ancient family is, quarterly, first and fourth gules,
a close helmet argent, second and ihxtA. argent, a cross croslet Jitche gules; crest,
n.n anchor proper : motto. For security.

Memorial anent the descent and succession of the STEWARTS of Lorm

AND Gp.andtully.

IT is^ plain and evident, from charters and other authentic documents, that the
Stewarts of Lorn and their descendants are originally descended from James Stew-
art, son of Sir John Stewart of Bonkill, who was slain in the service of his country,
at the battle of Falkirk, against the English, in the 1299: He was son of Alexan-
der Great Steward of Scotland, and hrothcT,frater-germanus, as he is designed both
in Rymer's Fadera and Prynne's Collections, Jacobi Senescalli Scotia, who was one
of the Lords of the regency of Scotland after the death of the young queen, com-
monly called the Maid of Norway, the grandchild and heir of King Alexander III.
anjto 1 29 1.

This James, Senescalli filius quondam DoTO-iui Joannis Senescalli militis, as he is
designed, had a grant from. King Robert I. as the reward of his merit and services,
of the lands of Pierston and Warvvickhill, in baronin de Cunningham 13 vicecomi-
tatu de Air, as the charter in the registers bear : He was slain, with two of his
brothers, Sir Allan and John, at the fatal battle of Duplin in the 1332, as is
vouched from Fordun, and the histories. He left clearly from authentic proofs
three sons ; Sir John, the eldest, became his father's lieir in the lands of Pierston,
and from whence he took his designation of Dominus de Pierston. He is, under
that stile and title, witness to a charter of mortification, by Joannis Maxwell domi-
nus ejusdem, of the patronage of the church of Libberton to the monastery of
Kilwinning, which is ratified and confirmed by a charter under the Great Seal of
King David, in the 1370, still preserved in the public archives. He had the
honour of knighthood conferred on him by King Robert II. after his accession to
the crown, and had moreover a grant from that prince of the lands and barony of
Kelly in Forfarshire : In the grant he is designed by the lang, Dilectus consangui-
neus noster Joannis Senescalli, miles, filius quondam domini Jacobi Senescalli («),
This Sir John Stewart of Pierston and Kelly had no issue-male but only a daugh-

(a) Mr Simpson the Historiogtapher, in his Collections from the Registers.

YoL. U 5 Y

150 APPENDIX.

ter, who was married to Sir Williara Douglas, who thereupon designs himself
DomiiiiLf lie Pierston, as we find him in a charter to Reginaldus de Fidlarton Daminus
de Crosby, in the 1394 {b), which I have seen ; and in another charter of mortifi-
cation by Mar^areta Senescalli domina de Cragy, to the convent of the Black-
friars of Ayr in the 1399, he is designed Willielmus de Douglas Dorninus de Pier-
ston miles (c). He left two daughters his co-heirs ; Agnes who was married to
John Blair of Adamton, and the other to Archibald Cravvfurd of Thridpart, who
make over their respective shares of the barony of Kelly to WiUiam Ochterlony,
in the year 1445 ; as from the charter belonging to the family of Panmure, which
I have seen.

Sir James Stewart of Pierston had a second sm. Sir Robert Stewart, and a
third son, who was designed Sir Allan Stewart of Ugletree : He calls himself ^/»m
quondam domini Jacohi Senescalli, when he gives, by his charter. Sir Henry Dou-
glas of Lochleven the lands and barony of Lugton, anno 1377 (a?). In the deed
Robert Stewart of Innermeth, knight, frater suus germanus, is a witness, and
proves clearly that Sir James Stewart, son of the deceased Sir John Stewart, who-
got Pierston from King Robert I. had three sons, Sir John Stewart of Pierston,
whose issue-male failed, as is observed, Sir Robert Stewart of Innermeth, whom
Sir Allan Stewart, the third son, calls his brother-german, and himself ^/f«j quon-
d^im Domini Jacobi Senescalli, militis, in the charter 'he gives to Sir Henry Douglas
of Lochleven : His issue-male also failed. The seal of this Sir Allan Stewart I
have myself; it is the fesse cheque, surmounted of a bend ingrailed, and charged
with three buckles.

Sir Robert Stewart, the other son of Sir James of Pierston, and brother to Sir
John of Pierston and Sir Allan of Ugletree, carried down the line of the family :
The first time I find him mentioned in any authentic deed that has come to my
hands, is in a charter granted by " Thomas de Moravia Dominus de Bothwell
" Panitarius ScotiiB Roberto Senescallo, de omnibus terris de Shandbothy in bar-
" onia de Bothuel, ac vicecomitatu de Clackmannan" {e). Under this title and
designation King David II. gave " Roberto Senescallo de Shandbothy terris de
" Dalziel et de Modervile, cum pcrtinentiis, in vicecomitatu de Lanark, nos con-
*< tingen. pro eo quod haeredis quondam Roberti Delvall, militis, contra fidem et
" pacem nostram in Anglia commorantar, tenend. et habend. dictis terris in li-
" beram baroniam adeo libere sicut quondam Malcolmus Fleming, et praedictus
" Robertus de Lavall, tenuerunt. Apud Edinburgh, 20. March, anno regni nos-
" tri 33." which is the year 1362 (/).

The same Robert de Senescalli de Shandbothy gets a charter under the Great
Seal of King David II. of the half of the lands of Redcastle in the shire of Forfar,
on the resignation of Sir Andrew Campbell of Loudon, dated the 8th of March
J 368 {g), and which lands continued in the family of Innermeth so long as they
.subsisted. The same Robert Stewart of Shandbothy had the honour of knight-
hood conferred on him by King Robert II.; and having by this time acquired the
knds and barony of Innermeth, he came from thence to assume his designation.
Under that title he gets a' charter of the lands of Durisdeer in Dumfries-shire,
from King Robert II. on the resignation of Alexander Menzies of Redhall ; and
the same Sir Robert Stewart of Innermeth is one of the Proceres and Magnates
regni Scotice, who in a Parliamentary capacity recognize the right of apparency of
John Earl of Carrick to the crown, as the eldest lawful son and heir apparent of
tlie king his father, the 4th of April 1373 {h). This Sir Robert Stewart of Inner-
meth died in the year 1386; and, from charters and other authentic vouchers
left issue two sons and a daughter, viz. Sir John Stewart the eldest, the heir of the
family.

{F) Penes W. Fullarton de eodem. (c) The original charter of mortification I have seen, belonging
to the University of Glasgow. (</) Mr David Simpson's Historical Account of the Stewarts.
{e) Charter in the writs of the family of Rosyth. (/) The original charter I have seen and per-
used in the custody of Mr Hiimilton of Dalziel. (^) In the writs of Rosyth and the records which I
have seen. {h) Act of Parliament still extant in the registers, and published by the noble and
learned antiquary George Earl of Cromarty in the Vindication of the Legitimacy of King Robert

m.

APPENDIZi. 151

Sir Robert Stewart the second, who was the ancestor of the Stewarts of Duris-
deer and Rosyth in the shire of life, where they long continued in lustre, and
produced several honourable branches. The origin of the House of Rosyth is in-
structed from a charter in the writs of the family of Rosyth ; more particularly,
there is a charter granted by John Stewart of Inncrmeth, knight, of an an-
nuity ofL. 20 Sterling, payable out of the barony of Durisdeer, Roberto Senes-
callo frntri suo gcnni-mo \ which deed is confirmed by a charter under the Great
Seal of King Robert II. the 20th of April, the 15th year of his reign, tliat is the
1386 (/'). The same Robert Stewart gets a charter of the lands and barony of
Durisdeer, on the resignation of Sir John Sttwart of Innermeth his brother-ger-
man, dated the ist of April 1388. This Sir Robert Stewart of Shandbotiiy and.
Innermeth had also a daughter, Elizabeth, who was married to Sir John Bethune
of Balfour in the shire of Fife, and of wliom all the family of the Bethunes are de-
scended {k).

Sir John Stewart of Innermeth was his father's successor, and designs himself
Dominus de Innermeath in several deeds of that time : He married the daughter and
heir of Eugene de Ergadia Dominus de Lorn, the head of the M'Dougal family, and
thereupon he assumed, quarterly, the galley, the arms and bearing of that house, into
his achievement, which was still carried by his successor, and now by Stewart ot
Grandtully, as the heir-male and representative of the House of Lorn and Innermeth,
as we shall more fully vouch in the sequel of this memorial: After the marriage of
Sir John Stewart of Innermeth, with the heir-female of the house of Lorn, he de-
signs himself Dominus Jjrinnis Senescalii de Innermeath, dominus de Lorn, both in
public national deeds and in private documents, particularly in a charter granted
by IMUienuis Ruthven Dominus ejusdem, Malcolmo Ruthvenfratri suo, of the lands of
of Haslehead in the shire of Ayr, in 141 1, in which he is a witness (/), and in se-
veral transactions with the English, in which he is acting either as a plenipotentiary,
or a guarantee, too long to be insert in a memorial of this nature, but may be
seen at large in Rymer's Fcedera ^■inglia, wherein this Joannis Senescalii or Stuart
de Innermeath, et Dominus de Lorn, is to be met with in the 1407 and downward :
By his wife, the heiress of Lorn aforesaid, Sir John Stewart of Innermeth had
issue several sons, viz. Sir Robert Stewart of Innerm.eth and Lorn, who was invest-
ed in the honour of a Lord of Parliament by King James II. whose son, John
Lord Lorn, dying without any lawful male issue in the 1469, his estate of Inner-
meth went to his brother and heir-male, Walter Lord Innermeth, and the estate of
Lorn went to his three daughters and co-heirs ; Isabel, who was married to Colin the
first Earl of Argyle; Margaret to Sir Colin Campbell liis uncle, who was the first
Laird of Glenorchy, the direct and immediate ancestor of the Earl of Breadalbane;
Marion, the third daughter, was married to Arthur Campbell of Ottar, uncle to
the Earl of Argyle (w), who all carried the galley in their arms, denoting their de-
scent and alliance with the House of Lorn : We can only here just stay to mention,
that the Stewarts, the Lords of Innermeth, were honoured with the title of Earl of
Athol by King James VI. in the 1595, in the person of John Lord Innermeth;
but his son James Lord Innermeth and Earl of Athol, dying without issue, the
honour was transferred to the Earl of Tullibardin.

Sir James Stewart, commonly called the Black Knight of Lorn by our histo-
rians, was the second son of Sir John Stewart of Innermeth and Lorn, who had
the honour to marry Jane Qiieen Dowager of Scotland, widow of James I. and
daughter of John Duke of Somerset in England, to whom she bare three sons. Sir
John Stewart of Balveny, whom King James II. invested in the honour of Earl of
Athol, whose line ended in John Earl of Athol, who died without issue-male
in the 1594 ; so, as we have before observed in this memorial, that title was con-
ferred on another Stewart of the same race and blood of the Stewarts, John Lord
Innermeth, whose son, as we have said, James Earl of Athol died without issue;

(0 This from the writs of the House of Rosyth, in a manuscript of the family done by the learned
antiquary Mr David Simpson, late historiographer of Scotland, in his own hand, in my custody, and
the charter I have seen in the Duke of Douglas's hands, {i) Mr Martin of Clermons Collections.
(/) This charter the author of this memorial has seen in the custody of Laurence Oliphant of Gask.
(m) All this alliance is fully vouched both from the v.'rils in the Duke of Argjlc's custody and the public
registers.

153

APPENDIX,

so that the right of blood, and the representing the House ox" Innermeth and Lorn
must fall to the next heir-niale of that noble family, who are plainly and clearly
the Stewarts of the House of Grandtully ; whose ancestor, from undeniable vouchers
that are lying before the author of this memorial at the writing of this paper,
and shall be condescended on, was Alexander Stewart, third son of Sir John Stew-
art of Innermeth and Lorn, brother to Robert fust Lord Lorn, and to Sir James
Stewart, called the Black Knight of Lorn, the ancestor of the first race of the
Stewarts Earls of Athol. This is clearly vouched from a charter belonging to Sir
George Stewart of Grandtully, baronet, and now in my hands, granted by " Joan-
" nis de Haia dommus de TuUibothy, dilccto suo Alexandro Stuart filio nobilis viri,
" Joannis Stuart, militis, Domini de Lorn, de omnibus terris suis de Banchory, cum
" suis pertinentiis, jacen. infra vicecomitatum de Clackmanan, pro patrimonio
" inter praefatum Alexandrum et Margaretam sororem meam, fideliter contrahen-
" do et completando." The charter proceeds upon the resignation of Christian
More domina Bruntshiel, in her pure viduity, and bears date at Tillibody the 15th
of July of the year 1416 (n). This deed is ratified and confirmed by Robert Duke
of Albany, Earl of Fife and Monteith, Governorof Scotland in the minority of King
James I. He ratifies " donationem illam et concessionem quam quondam con-
" sanguineus noster Joannis de Haia de Tillibothy fecit et concessit Alexandro
" Senescalli (Stewart) filii dilecti consanguine! nostri Joannis Senescalli de Lorn
" militis." The charter has the Duke Regent's great seal, the seal of his office,
appended to it, and bears date at Falkland the 19th of June 1419 (0). This
Alexander Stewart of Banchory, third son to Sir John Stewart of Lorn, the first ot
the House of Grandtully by the aforesaid Margaret his wife, daughter of John
Hay of Tillibody, and sister tft John Hay of Tillibody (/>), had a son,

Thomas Stewart of Banchory and Grandtully, his heir and successor, who by
his wife, daughter of had a

son, Alexander. This Thomas comes to be designed of Grandtully ; for there is in
the public registers a charter under the Great Seal, Thomce Stuart de Gairntully, of a
part of the lands of Comrie in the year 1452 {q). This same Thomas Stewart is sub-
stitute in an entail of the estate of the Lord Lorn, and is designed his consanguineus :
For vouching this, there is a charter under the Great Seal by King James II. di-
lccto consanguineo suo Joanni Domini Lorn, of the estate and lordship of Lorn^
and to the heirs-male of his body ; which failing, to Walter Stewart his brother-
german, and the heirs-male of his body ; v/hich faihng, to Allan Stewart his bro-
ther ; which failing, to William Stewart his uncle ; which failing. Domino Jacobo
Stuart militi ; which failing, Tboma Stuart comanguinco suo, who is the same Tho-
mas Stewart of Grandtully, and to the heirs-male of their bodies respective, of the
whole estate and lordship of Lorn, in the 1452 aforesaid; and that very same year,
1452, there is, we say, a charter under the Great Seal in the public records (?)
Thoimt Stuait de Gairntully, of the half of the lands of Comrie which formerly be-
longed to Angus Menzies, and were resigned by him. This Thomas Stewart of
Grandtully, son and heir of Alexander Stewart of Banchory, who was a son of Sir
John Stewart of Lorn, the second of the line and succession of the House of Grand-
tully. By Agnes, daughter of Sir William Murray of Tullibardin, his wife, he
had a son,

Alexander Stewart of Grandtully, the third in the line and succession of the
family : This is vouched and instructed from a deed in the custody of Sir George
Stewart of Grandtully, which I have seen, whereby Alexander Stewart of Grand-
tully is served and retoured heir in special to the deceased Thomas Stewart of Grand-
tully, his father, in the lands of Banchory, lying within the sheriffdom of Clack-
manan, and is of the date the 14th of June of the year 1462 (j). This Alex-
ander Stewart of Grandtully married Matilda Stewart, sister to Andrew Lord. Evan-

(«) Charta penes Dcminum Georgium Stuart de Gairntully, Baronetum, marked No. i. in the inven-
tory of his writs, (n) Charter in the hands of Sir George Stewart, I have seen in the writing this me-
morial. (/>) I have seen a charter in the custody of the Countess of Errol, by Joannis de Haia de Til-
libothy, Joannis de Logy domino ejusdem, in 1368, the father of this John de Haia in 1419. (y) In
the registers of the Great Seal in the Archives, (r) Charter under the Great Seal in the public archives-
to Thomas Stewart of Grandtully. (r) Service as heir to Thomas Stewart of Grandtully his father.
I

APPENDIX.

«5.«

dale anJ grandclulJ to Muiduch Duke of Albany by James his son (t). There
is in the custody ot" Sir George Stewait of GrandtuUy, and lying before me at the
drawuig up this memorial, a charter granted by Alexander Earl of Huntly as su-
perior of the land'* of Tillibody, " dilecto consanguinco suo Alexandre Stuart de
" Gairntully et Macildae Stuart spons;€ su;c," of the lands of Banchrys " in vice
" comitatu de Clackmannan :" 'I'lie charter is dated at Badenoch the lOth July,
^;ino 1469 (;/). By the foresaid Matilda his wife he had a son, who was his heir.

VIZ.

Thomas Stewart of GrandtuUy, who was served and retoured heir in special to
the deceast Alexander Stewart of GarndtuUy, his father, in the lands of Banchrys,
pursuant to a precept forth of the Chancery, dated the 26th of January 1488,
still extant in the custody of Sir George Stewart, baronet, which I have seen and
perused.

This Thomas Stewart of GrandtuUy married Agnes, daughter to Sir William
Murray, and sister to another Sir William Murray of TuUibardin, ancestor to his
grace the> present Duke of Athol (v), by whom he had only one daughter, Eli-
zabeth Stewart, his sole heir : she is designed EHzabiftha Stuart Doinina de Gairn-
tully, when in the 1532 she gives a charter, with consent of Thomas Stewart of
GrandtuUy, her husband, out of the lands of Banchory, to Alexander Shaw of
Sauchie, the original of which I have seen in the custody of Sir John Shaw of
Greenock and Sauchie, baronet.

This lady, Elizabeth Stewart of GrandtuUy, by the foresaid Thomas Stewart
her husband, had a son, Thomas Stewart, whom she calls filius suits et htsres ap-
parens, when she dispones him the fee of several parts of her estate, which is
confirmed by a charter under the Great Seal in the pubUc registers; but he dy-
ing without issue, and his mother quickly thereafter, she was succeeded in the
estate of GrandtuUy by her cousin-german Thomas Stewart of GrandtuUy. This
point of the succession of the House of GrandtuUy is instructed incontrovertibly
by a precept out of the Chancery, for serving and retouring of Thomas Stewart de
Gairntully in the lands of Banchory, " tanquam legitimus et propinquior h?eres
•' quonda.n Elizabetha; Stuart, filia; et hsredis quondam Thomie Stuart de Gairn-
" tuU, fili:e patrui sui :" This is of the date the loth of February 1542 (w). This
Thomas Stewart of GrandtuUy, so succeeding his cousin-germain, married Elizabeth
Stewart, daughter of John, the second of that line of the Earls of Athol (x), and
dying in the year 1575, left issue Sir Thomas Stewart of GrandtuUy, his eldest son
and heir, who was one of the Gentlemen of the Bed-chamber to his majesty King
James VI. ( v)- He married Grissel, daughter of Sir Laurence Mercer of Aldie
and Moncloar, as appears from several different deeds I have seen in the hands of
Sir George Stewart of GrandtuUy ; but he died without issue, and was succeeded
by his brother

Sir William Stewart, who was from his youth bred up at the court of King
James, before his accession to the crown of England : He was first designed of
Banchry, lands which he acquired from Sir Thomas Stewart of GrandtuUy, his bro-
Ther-german. He had the honour to be attending on the king his master from
the palace of Falkland to the town of Perth, in the memorable 5th day of August
i6oo, when John Earl of Gowrie, and Mr Alexander Ruthven, his brother, attempt-
ed to embrue their hands. in the sacred blood of their sovereign: In his majesty's
happy preservation Sir William Stewart of Banchory was eminently instrumen-
tal (z), which his majesty King Charles I. had the goodness fully to set forth in
tiie narrative and preamble of a charter to him of his estate, under the Great Seal,
in the public records, in the year 1637, which I have seen.

Sir William Stewart of Banchory went to England with the king, who soon
thereafter promoted him to be one of the Gentlemen of his Majesty's Bed-Cham-
ber; and, getting into a high degree of confidence and favour, he came quickly to

(0 Historical deduction of the deceiidants of IMurdoch Duke of Albany M3S. penes me. (a) CharU
penes D. Gemgius Stuart, baronet, (v) Ibidem ad annum 1523, uhich I have seen. («i) Charta penej
D. G. S. de Gairntully. (v) Charta in publicls archivis ad annum 1552, and the Lord Ochiltree's Col-
lections, MSS. penes me. ( j') Grant to him in the records of the Great Seal, and so designed. (2) This
is vouched both from writs I have seen in G.urntuUy's hands, and from several charters and documents
In the public records.

T^oL. II. 5 Z

154

APPENDIX.

acquire the lands and barony of Strathbrand, from whence he took his designation,
and is so designed, and Gentleman of our Sovereign Lord's Chamber in 1606, in
several charters of lands under the Great Seal in the public archives which I have
seen. He succeeded his elder brother, Sir Thomas, in the estate of Grandtully, and
continued in high favour with King James till his death in the year 1625. Sir
William Stewart of Gairntully was no less esteemed by his Majesty King Charles
than he had been by his father King James ; for he continued him in the Bed-
chamber, and always treated him with peculiar and distinguishing marks of his
royal favour: witness the charter he had from the crown, of his estate in the 1637,
we formerly noticed, wherein his long and faithful services are very remarkably
taken notice of and set forth.

He married Agnes Moncreif, daughter of Sir John Moncrieff of that Ilk, a very
ancient family in the shire of Perth, by Jean his wife, daughter of Mr John Spence
of Condie, Lord Advocate to Queen Mary and King James VI. (a), by whom he
had four sons, viz.

Sir Thomas Stewart of Grandtully his eldest son.

Sir WiLLi.\M Stewart of Innernytie, the second son, who married

Crichton, co-heiress of Innernytie, and had issue, John Stewart of Innernytie his
son and heir, who married Jean, daughter of James Lord Lindores, and had by her
a son, his heir, John Stewart of Innernytie, who married Mary, daughter of Sir
James Mercer of Aldie, and had one daughter, Anne, married to David the present
Viscount of Stormont.

James Stewart of Ludd was the third son, whose male issue is failed, but of an
heir-female of him is sovne, and descended the Menzieses of Culdares, &c.

Mr Henry Stewart, Advocate, the fourth son, the paternal ancestor of Sir
George Stewart, now of Grandtully, baronet.

Sir Thomas Stewart of Grandtully succeeded his father Sir William in his great
and opulent estate: He married Grissel, daughter of Sir Alexander Menzies of
Weem, (son of Sir James Menzies of Weem, and Dame Barbara Stewart his wife,
daughter of John Earl of Athol) by Dame Margaret Campbell his wife, daughter
and co-heir with her sister the Lady Bargeny, of Alexander Campbell of Carcko,
Bishop of Brechin, brother to Sir James Campbell of Ardkinlas, by Helen his
wife, daughter of George Clephan of Carslogie, by whom he had John Stewart his
son and heir, and eight daughters.

Jean, the eldest, was married to Colonel Sir James Mercer of Aldie, and had
issue.

Marjory, the second, to David Fotheringham, son and heir apparent of Mr
John Fotheringham of Powrie, and had issue.

Grissel, the third, to Sir John Drummond of Logie-Almond, second son to
John second Earl of Perth, and had issue.

Anne, the fourth, to James Seaton of Touch, and had only one daughter, who
was married to James Moir of Leckie, and had issue.

Cecil, the fifth daughter, was married to Stewart of Arntillie, but had

no issue.

Margaret, the sixth, to Campbell, son to Campbell of Lawers,

and had issue.

Helen, the seventh, to James Crichton of Ruthven, and had issue.
Elizabeih, the eighth and youngest, to David, the second Lord Newark, and
had issue.

John Stewart of Grandtully, son and heir of Sir Thomas Stewart of Grandtully,
succeeded his father. He was a fine gentleman, and a great encourager and pro-
moter of learning, and a kind and bountiful patron of learned men : He died a
batchelor on the 5th of March 1720, upon whose demise, John Stewart of Inner-
nytie, his heir-male, by virtue of the investitures of the estate, would have suc-
ceeded to the estate of Grandtully, but he being attainted of high trea&on, by an
act of the Parliament of Great Britain, for his accession to the rebellion in 1715,
Grandtully upon that made a settlement of his estate upon certain heirs of entail, in
virtue of which, there being no heir-male existing of Innerny tie's body, nor of any other

(a) Ptnes Sir George Stewart.

APPENDIX. 155

tolliiteral heir-muk- nearer than Sir George Stewart of Balcaskie, baronet, lie ac-
cordingly succeeded to the estate of Crandtully on his cousin's death in the year
1720 aforesaid.

Sir George Stewart of Grandtully's ancestor was Mr Henry Stewart, Advocate,
fourth and youngest son of Sir William Stewart of Grandtully, by Dame Agnes
Woncrief, his lady, aforefaid ; being a younger brother he was bred to the law,
and was an Advocate before the Court of Session : He married Mary, daughter ot
Colin Campbell of Aberuchill, second son of Sir James Campbell of Lawers, and
uncle to John fust Earl of Loudon, who was Lord High Chancellor in the reign of
King Charles L and IL; by whom he had issue Sir Thomas Stewart of Balcaskie,
his son and heir, and a daughter, Marjory^ who w'as married to William Borthwick
of Pilmuir, grandfather to Henry, now Lord Borthwick.

Sir Thoimas Stewart of Balcaskie, being also bred to the law, was promoted to
be one of the Senators of the College of Justice, and by letters patent, bearing
date the 2d of January 1683, he was created a baronet : He married Lady Jean Mac-
kenzie, daughter of George Viscount of Tarbet, and after Earl of Cromarty, Lord
Register in the reigns of King James VIL and King William, and Justice-General
and Secretary of State in the reign of Q_iieen Anne, by whom he had two sons, the
foresaid Sir George Stewart of Balcaskie, who succeeded by virtue of the said en-
tail to the estate of Grandtully, as is heretofore remarked in the memorial, and Co-
lonel John Stewart, the second son, who married his first cousin, Elizabeth, daugh-
ter of Sir James Mackenzie of Royston, baronet, one of the Senators of the College
of Justice, and has a son, John Stewart.

Which Sir George Stewart, now of Grandtully, baronet, is married with Dame
Agnes Cockburn, daughter of Sir Archibald Cockburn of Langton, baronet.

MEMORIAL OF THE ANCIENT FAMILY OF EDMONSTONE, MORE PARTICULARLY OF

THE House of Duntreath.

THE surname and family of Edmonstone is of very great and eminent antiquity;
some are of opinion they are originally extracted from the illustrious family of the
Counts d'Egmont in Germany ; others again conjecture, from the identity of the
arms of the surname of Edmonstone with those of Seaton, that they are of the same
stem and origin with them ; for it is a received maxim among heralds, that arms,
or armorial bearings, are surer marks of the same blood and kindred than even sur-
names, especially in descents of greater antiquity: But waving this, we may ob-
serve, for the antiquity of the Edmonstones, what our learned antiquary Sir James
Dalrymple has considered to have been the original ancestor of this family, viz.
that one Edmumius, or Admiinduj, a person of note in the reign of King David L
who is witness to the charter granted by that prince of the lands of Riddel, Wal~
te/o de Riddle, militi (b), got from the same king lands in Laudonia, now the shire
of Edinburgh, which, according to a humour and custom of men calling their lands
after their own name at that time, he called Admonston, or Edmonston, and trans-
mitted it as a surname or hereditary appellation to his descendants. This conjec-
ture of the learned and ingenious author is supported, and in some measure con-
firmed by a charter of mortification in the reign of King Alexander IL OTmo 12 12,
by IVi/lie/mus de Crai^millar, filius Henrici de Craigmillar, whereby he gives in pure
and perpetual alms to the church and monastery of Dunfermline, " quandam
" Tostumterre in Craigmillar, in australi parte qui ducit de villa de Niddreif ad
" ecclesiam de Libberton, quas Henricus de Edmonston de me tenet (c). It w ould
be foreign to the design of what is intended by this memorial, to give a regular

fi) Appendix to Sir James Dalrymple's Collections. (<r) The Earl of Haddingtoii'.< Collections
from the registers and chartularies now in the Lawyers' Library at Edinburgh,

156 APPENDIX.

deduction of the whole lineal descent of the ancient family of Edmonstone; all
that is proper here, is to give some hints of their antiquity, and some of the most
memorable things relating to them, to illustrate the honour and dignity of the
House of Edmonstone; and therefore we shall come to take notice of Sir John
Edmonstone, knight, iniles, as we find him designed (6), who made no small figure
in the reign of K.ing David II. This gentleman seems to have had a more than
ordinary degree of favour from that prince, and which, we may very rationally
conclude, was to reward his signal and eminent loyalty and merit ; for there is a
charter still extant in the rolls of that king (c), " Dilecto et fideli suo Joanni Ed-
*' monston, militi, de baronia de Boyne, in vicecomitatu de Bamff," dated the 17th
of March 1369.

As this noble knight had a fair estate in the south, that seems very clearly to
have been their ancient patrimonial estate, so it is plain he had also fair possessions
in the northern parts of the realm; for we see that he had not only the thanedom
and barony of Boyne, but also lands further north, the barony of CuUoden in the
county of Inverness, which came to his son Sir William Edmonstone of Culloden,
as we find him designed in many authentic deeds and vouchers that are in my
hands, and lying before me at the writing and drawing up of this memorial, who
was the first of the Edmonstones that had the barony of Duntreath, of whom after-
ward. The same Sir John Edmonstone, knight, aforesaid, had, in further remune-
ration of his fidelity and loyal services, from King David, a charter " de officio
" Coronatorie Laudonie," Laudonea now, being by this time restricted to the
sherifixlom of Edinburgh, the grant is to himself " haeredibus suis et suis assignatis,"
and is of date the 5th of November, the 33d of the king's reign (rf). As he had a
good degree of favour with King David, he seems to have been no less in the
confidence of his nephew and successor King Robert II. the first of the Stewartine
line of our kings ; for that king did him the honour to bestow his own daughter
upon him in marriage, the Lady Isabel, who was the widow and relict of the noble
and heroic patriot James Earl of Douglas and Marr, who was slain at the battle of
Otterburn in the 1388. There is a charter granted by King Robert II. " Joanni
" de Edmonston, militi, et Isobelae comitissic de Douglas sponsae suae filias nostrae
" carissimfe" {/). Having survived his father-in-law King Robert II. he appears to
have been a favourite with his brother-in-law Robert III. ; he gives him a charter
imder the Great Seal, ratifying and confirming a former deed and grant by the
king his father to this gentleman, " Joanni de Edmonston, militi, et Isobelas
" sponsae suae comitissae de Douglas, sorori nostrae carissimee, de terris baronie de
'• Ednem in vicecomitatu de Roxburgh;" the grant is to themselves in conjunct
infeftment, and to their heirs in fee, " eorum alteri divitiis viventi et hjeredibus
" inter ipsos legitimi procreatis seu procreandis;" the charter bears date from Edin-
burgh the 25th of April, the third year of the king's reign, that is the year of our
Lord 1392. During the reign of Robert III. Sir John Edmonstone of that Ilk was
employed as a commissioner and plenipotentiary in divers treaties betwixt the two
nations of Scotland and England: He was also after the king's death, during the
regency of the Duke of Albany his brother in-law, employed as a plenipotentiary
in three different treaties with England in the 1407, 1408, 1409, successive, as
may be seen by the curious in the Foedera Angliae published by the learned Tho-
mas Rymer, Esq. the contents of the different treaties, and his colleagues in the
commission, would be too prolix to enlarge any further upon in this memorial.

This same Sir John Edmonstone Lord of That Ilk, as he designed himself, with
consent of Davy of Edmonstone, his son and apparent-heir, did enter into a contract
by way of an indenture, as they call it, with Patrick Graham Earl Palatine of Stra-
thern, with consent and assent of Euphame Countess of Strathern, his spouse, rela-
tive to a charter of confirmation they had obtained and procured for him of the
lands and barony of Tulliallan ; the contract bears date at the burgh of Perth, the
1st of April 1410 (/). By the Lady Isabel his wife aforesaid, daughter of King

(i) Charters in the rolls and registers of King David II. (r) In the public archives. (</) Ibid.
(f) Her contract with the Earl of Angus, I have seen and perused, in the 1397, in the charter-chest of
the Duke of Douglas. (/) This indenture I have seen in the hands of Mr Matthew Crawfurd, laie pro-
fessor of Ecclesiastical History of the University of Edinburgh, from whence the date of this writ is
taken.

APPENDIX. J ST

Robert II. he left issue Sir'David Edmonstone of that Ilk, whom, in thaiters under
the Great Seal, the Duke of Albany, Regent, calls, nepoti meo and ncpos noster, that
is very clear and plaui, his nephew, by Ins sister the Lady Isabel Countess of Doug-
las (^), and a second son, Su' William Edmonstone of CuUoden, the direct and im-
mediate ancestor of the family of the Edmonstones of the House of Duntreath {b).
Sir David Edmonstone of that Ilk was succeeded by his son and heir

Sir James Edmonstone of tliat Ilk or Edmonstone : 1 have seen his retour and ser-
vice to Sir David, his father, in the lands of Easter Hailes, which he held of the ab-
bot and convent of Dunfermline (i). This Sir JameJ had a new investiture of
his estate under the Great Seal of K-ing James 11. in the 1458, in the public regis-
ters. He married Janet, daughter of Sir Alexander Napier of iVIerchiston, ances-
tor to the Lord Napier, and died without issue-male, leaving two daughters; Eliza-
beth, who was married to Sir \Valter Ogilvie, second son of Sir Walter Ogilvie of
Findlater and Deskford, and got in marriage-portion with her the lands, barony and
thanedome of Boyne in Banffshire (yt) ; Margaret, the other daughter, was married
to Sir Patrick Biackadder, second son to Andrew Blackadder of that Ilk in the
county of B.r.vick, nepliew to Robert the tirst Archbishop of the Episcopal See
of Glasgow, and got with the lady his wife, as co-heir to her father, the lands and
barony of Tulhallan in the county of Clackmanan (/). And upon this account
it is that both the families of Ogilvie of Boyne, and Blackadder of Tulliallan car-
ry the three crescents, the coat of the Edmonstones, quartered in the second and
third quarter of their respective achievements.

But since this memorial has a special reference to the family of Duntreath, we
shall return to Sir William Edmonstone, the second son of Sir John Edmonstone of
that Ilk, brother to Sir David, and uncle to Sir James Edmonstone of that Ilk that
left the two heirs-female, and the direct and immediate ancestor of the family of
Duntreath, to whom and his descendants we shall confine this memorial. That he
got in patrimony from his father the lands and barony of CuUoden in the county
of Inverness we have already hinted, and from whence we find him designed be-
fore he got the barony of Duntreath.

This gentleman being a person of merit, joined to his illustrious birth, had the
honour of knighthood conferred on him by King James I. ; and as his own mother was
a daughter of the crown, the Lady Isabel Countess of Douglas, as has been here-
tofore remarked in this memorial, so he had the honour himself to make a new
and fresh alliance with the royal family ; for he married the Lady Mary, the eld-
est daughter of King Robert III. (;«). She was the widow of George Earl of An-
gus, ancestor to the Duke of Douglas, of James Kennedy of Dunnure, the ances-
tor of the Earl of Cassilis, and of Sir William Graham of Kincardine, ancestor to
the Duke of Montrose. With this lady King James 11. her nephew, gave, by his
charter under the Great Seal, the lands of Duntreath. There is in the custody of
the present Archibald Edmonstone of Duntreath, Esq. the said charter: " Willielmo
" Edmonston de Colloden, militi, et Maria: Comitissas de Angus sponsa? su;e, ami-
" tae nostrse carissim;e, et eorum alteri divius viventi in conjuncta infiadatione, et
" Willielmo de Edmonston eorum filio in feodo et hereditate." In the charter the
haill lands are erected, united, and incorporated into one free and entire barony, to
be called the barony of Duntreath, in the 1452. The lands of Duntreath were before
that in the crown, by the attainder of Duncan, the last of the line of the old Earls
of Lennox, who had been fortaulted by King James I. in the 1426. This Sir
William Edmonstone of CuUoden died in the year 1462 (n), and left issue by
Mary Countess of Angus, his wife aforesaid, only one son, William, who was his
father's heir and successor in his estate, and a daughter, Matilda, who was mar-
ried to Sir Adam. Cunningham of Caprington, in the shire of Ayr, and had is-
sue (0).

{g) In the public archivesr (4) C'larta penes D. Duntreath. (/) In the Chartulary of that mo-
nastery in the Lawyer's Library, (i) Penes Ogilvie de Rothemay in 1485, which I have seen. (/) Char-
ta ad annum 1485, which I have seen, relating to the division of the lands betwixt these two ladies the
daughters and co-heirs of Sir James Edmonstone of that Ilk. (m) Ctiarta penes dominum Duntreath.
(n) Charta penes D. Duntreath. (o) Ibidem. 3

Vol. II. 6 A

158 APPENDIX. '

Sir William Epmonstone of CuUoden and Duntreath, having fixed his residence
in the west at Duntreath, in the county of Stirling, and though he kept the estate
of Culloden till long after this, yet he relinquished that title, and took the designa-
tion of Duntreath, which his successors have continued ever since to do. This
gentleman being royally descended both by his mother and grandmother, who were
daughters of the crown, he was the first that 1 see of the family of Duntreath
that assumed and took the double tressure round his arms as a maik of his descent
from the royal family. His seal I have seen supported by two lions rampant,
and circumscnbed, Sigillum IVillielnii Edmonston de Duntreath (p), the same as it
is matriculated in the register of the Lyon-Olfice at Edinburgh; yet it is pretty odd
that Mr Nisbet has not taken the least notice of it in his Treatise of Heraldry,
though he had access to the Lyon Register when he pleased. This gentleman, the
second in the line of the family of Duntreath, made a very noble and illustrious
alliance himself by marriage ; for his lady was Matilda Stewart (cj), grandchild,
by his son Lord James, of Murdoch Duke of Albany, Governor and Regent of Scot-
land in the absence of King James L The lady was sister to Sir Andrew Stewart
of Strathaven, thereafter Lord Evandale, who was long Chancellor of Scotland in
the reign of King James 111. and to Walter Stewart of Morphy-Frissel, the paternal
ancestor of the Lords of Evandale and Ochiltree, and of the present Earl of Mur-
ray as Lord Doune. By this lady, his wife, he had two sons, Archibald, his heir and
successor, and a young brother, William Edmonstone, who had a charter from the
crown of the lands of Buchynhadrick, in the stewartry of Monteith (/) ; likewise
a daughter Mary, who was married to Sir William Cunningham of Glengarnock in
the shire of Ayr (s), and had issue. 1 find that this gentleman, William Edmon-
stone of Duntreath, was in the reign of King James III. one of the Lords of
the Session for administration of justice in the 1472 (t), and died the year
thereafter 1473.

Sir Archibald Edmonstone of Duntreath, the third of the line in the family,
was served and retoured heir to his father in the 1473, as is vouched from the pre-
cept out of the Chancery for that effect, which I have seen in the charter-chest of
the family.

This gentleman was in high favour both with King James III. and IV. By this last
prince he had the honour of knighthood conferred on him, and made Captain of
his Majesty's Castle of Doune, and Steward of Monteith and Strathgartney (n).
He married Janet, daughter of Sir James Shaw of Sauchie, Comptroller of Scot- '
land in the reign of King James III. (v). This turned out a very beneficial and
advantageous match to the family of Duntreath ; for the lady was a niece to
George, abbot of Paisley, who was an opulent prelate, and Lord Treasurer of Scot-
land under King James IV. who took care to provide matches for his nieces, and
got them married into many of the greatest families in the kingdom. By this
lady Sir Archibald Edmonstone of Duntreath had a numerous issue ; first,

Sir W^iLLiAM the eldest son, the heir of the family.

James Edmonstone the second son, of whom sprung that branch of the Edmon-
tones of the House of Duntreath who were first designed by the title of Broik in
the county of Stirling.

Jacob Edmonstone, a third son, of whom descended the Edmonstones of Balington
in the stewartry of Monteith.

He had also these following daughters, all honourably and nobly allied, and are
instructed and clearly vouched from contracts of marriage, or discharges of the
marriage-portions, vviiich I have had the honour to peruse in the archives of the.
family, and from thence fhey arc all instructed {w)-.

Janet, the eldest, was married to William the first earl of the illusti-ious family,
of Montrose, and had issue.

(/p) Charta penes Graham de Garvock, ad annum 1473, and also in tlie custody of the Laud of Dun-
treath. (y) Charta penes dominum Duntreath, ad annum 1456. (/•) Charter under the Great Seal, &ci
(.r) Charta penes Vicecomitem de Garnock, who is now proprietor of the estate of Glengarnock, and-
has the writs of the family, which I have seen and perused. (/) President Spottiswood's Practicks.
(a) Charta penes dominum Duntreath. (v) Charta in publicis archivis, etiam charta penes dominum.
Duntreath. (ir) Charta penes dominum Duntreath.

APPENDIX. 159

Catharine, the second, to John Master of Eglinton, son and heh'-apparent of
Hugh the first PLirl of Eguntoii, and hud issue.

CuRisriAN, the third, to Jolin the second Lord Ross of H;ilkhcad and Mel-
ville, and had issue.

Margaret, the fourth, to George Buchanan of that Ilk, at that time grandsoiv
and heir-apparent of Walter Buchanan of tliat Ilk, and had issue.

Beatrix, the fifth, to Jajues Muscliet of Burnbank, commonly called the Laird
of Muschet, in the stewartry of Monteith and shcrilldom of Perth, then a very
considerable family, and tiad is^ue.

Sir Archibald Edmonstone of Duntrcath died ia the 1502 (,v), and was suc-
ceeded by

Sir William Edmonstone his son and heir, who was knighted by King James IV.
and appointed Ciptain and Keeper of tiie Castle of Doune, and Steward of the
stewartry of Monteith, as is vouched from the comiuisson under the Great Seal,
which 1 have seen.

He married, first, Sibilla, daughter of Sir William Baillie of Lamington in the

county of Lanark ( r), and after that Sibilla, daughter of Carmichael of

that Ilk, in the county of Lanark (^). Tins Sir i k lUiam Edmonstone of Duntrcath
conceiving that his ancient estate of the barony of CuUoden, tiiat had been the
patrimonial estate of his family, lay at a great distance from liim, and therefore
he thought fit to alienate these lands to Alexand<.-r SLiachan of Scotston, which is
coiifinnod by a charter under the Great Saal in the public records, bearing date
the 30fh of July 1306 (a).

Sir William Edmonstone of Duntrcath was slain under the standard of his royal
master and sovereign King James IV. at the battle in Northumberland, as its cal-
led, or the field of FloJden, the 9th of September of the year 15 13, leaving issue
William, his heir and successor, Archibald, the second son, of whom came the
Edmonstones of Spittalton (/)), James Edmonstone, the third, of whom issued the
Edmonstones of the Newtown of Doune, the Edmonstones of Cambus- Wallace and
Coldoch (f); also several daughters, — Marion, the eldest, who was married to John
Campbell ot Glenorchy, paternal ancestor to the Earl of Breadalbane, and had is-
sue ((/J, Agnes, the second to Robert Hamilton of Inchmachan and Kinkell, and

had iasue ; Marjory, the thi;d, to Stewart of Craigarnelle, and had

issue ; Margaret, the fourth, to John Logan of Balvie, at that time an ancient and
right considerable family in the county of Dumbarton (f), and had issue.

Sir William Edmonstone of Duntrcath, the son and heir of Sir W.lliam the last
mentioned, was served and retoured heir to his father by virtue of a precept di-
rected forth of the Chancery for that effect, bearing, that his umquhile father died,
" obiit sub vexillo quondam domini nostri regis in bello de Northumberland."
His sasine that followed thereon is dated the 2d of May 1516 (/).

This same year this William Edmonstone, and Archibald Edmonstone, his brother,
are made joint captains and keepers of the Castle of Doune, and stewards of the
stewartry of Monteith and Strathgartney : He married first Lady Agnes Stewart,
daughter of Matthew the first Earl of the line of the Stewarts Earls ot Lennox (j)^
and after her death Margaret (b), daughter of Sir James Campbell of Lawers, pa-
ternal ancestor to the present Earl of Loudon, and had issue Sir James, his suc-
cessor, and five daughters.

Eliz.^eth, who was married to John Stirling, son and heir-apparent to Walter
Stirling of Ballagan (/), and had issue Janet, who was married to Luke Stirling
of Band, and had issue (^k).

Marjory, wiio was married to Mungo Graham of Rattern and Urchill, son to
W'illi-i n tue second Earl of Montrose, and had issue {/).

Sibilla, who was raarned to John Stewart, at that time son and heir-apparent to
Matthew St wart of Barscabe (m), in the shire of Renfrew, who was a son of the
House of Lennox, and had issue.

(.v) Charta penes dominura Duntrcath, etiam in rotulis 1509. (y) Charta in publicis archivis ad an-
num 1509. («) I.i the Registers of the Privy Seal 1506. (a) Charta penes dominum Duntreath.
(i) luidem. (_c) C'aatta in publicis archivis ad annum 1546. (</) Charta penes dominum Duntreath.
(e) Ibidem. (/J Charta in :.;.blicis .\rchivis ad annum 1316. (^) C arta penes clon.inum Duntreath ad
annum 1522. ('A^ Ibidem. (^/) Charta^ad annum 1545. (i) Charta peiics dominum Duutreath. (/) ibidem.
(ot) Ibidem.

ifio APPENDIX.

Anabella, who was married to John Stirling, son and heir-apparent of George
Stirhng of Glorat, Captain and Governor in chief of the Castle of Dumbarton («),
and had issue.

Marion, the fourth daughter, was married to David Semple of Nobleston (o),
in the county of Dumbarton, and had issue ; after that to Robert Denniston of
Colgrain in the foresaid county, and had issue ; and last of all to John Shaw of
Bargarran, in the barony and sheriffdom of Renfrew.

This gentleman being a near relation and ally of the House of Lennox, was in
•'.very respect much attached to the interest of that illustrious family : upon the re-
-toration of Matthew Earl of Lennox in the 1565, when his son Henry Lord Darn-
]y was married to Q^ieen Mary, the Laird of Duntreath was brought into the Pri-
vy Council (/)), and soon after that he had the honour of knighthood conferred on
him ; for in the records of council, when he is marked present, he is designed
tVillielmus Edmonston de Duntreath (^q).

Sir James Edmonstone of Duntreath succeeded his father Sir William ; he was
made a knight by King James VL and had a good share of favour and countenance
from that prince before he left Scotland, and went into England. He married
Helen, daughter of Sir James Stirling of Keir (r), by Jean his wife, daughter of
Dr William Chisholm, Bishop of Dumblane, who was a brother of the House of
Cromlicks, in the county of Perth, and had issue by her, Wilham his eldest son,
who succeeded him, and a younger son, Mr John Edmonstone ; also three daugh-
ters.

Mary, the eldest, was married to Sir John Cunningham of Cunninghamhead in
rhe county of Ayr, and had issue.

Marjory, the second, to Claud Hamilton of Cocknay (j-), in the county of Dum-
barton, and had issue.

Helen, the third, to John Lennox of Brarsogle (<), in the county of Stirling,
and had issue.

Sir James Edmonstone of Duntreath married to his second wife Margaret, daugh-
ter of Sir John Colquhoun of Luss (?/), and had Robert a son, and Ehzabeth a
daughter, who was married to James Edmonstone of Balewn, but had no issue.

William, succeeded his father Sir James Edmonstone, in his estate of Duntreath.
He married Isobel, daughter of Mr John Haldane of Gleneagles, a very ancient fami-
\y in Perthshire, by Isobel his wife, daughter of Sir David Hume of Wedderburn
in the county of Berwick, by whom he had issue, Archibald, his eldest son and-
heir, the second James, the third John, who married Elizabeth, daughter and sole
neir of James Edmonstone of Broik, and had a numerous issue, which has produced
a great many younger branches of the family. This Laird of Duntreath had also
two daughters.

Helen, the eldest, was married to John Doloway of Belliehill, Esq. in the county
of Down in Ireland, and had issue.

Jean, the second daughter, was married to Sir Robert Adair of Kilhill, knight,
in the county of Wigton, and had issue. He died in the year 1647, ^^^ ^^' snc-
ceeded by

Archibald his son, who was a member of Parliament for the county of Stirling
to the Parhament 1633, wherein his majesty King Charles I. was present in his
own royal person. This gentleman married Jean, daughter and heir of Archibald
Hamilton of Halcraig in the county of Lanark, brother to Sir James Hamilton
Lord Viscount of Claneboy, ancestor to the Earls of Clanbrassil, of the kingdom
of Ireland, by whom he had William the eldest son, who being dumb, did not
succeed Archibald the second son, his father's successor, and a daughter Helen,
who was married to Thomas Niven of Monkerden, in the county of Ayr.

Which Archibald Edmonstone of Duntreath so succeeding, married Anna Helena,
daughter of Colonel Walter Scott of Harlwood-Burn, by whom he had Archibald
his son and heir.

Elizabeth, his eldest daughter, was married to James Montgomery of Rosemond,
Esq. and had issue.

Anna Helena to Alexander Dolowy of Belliehill, Esq. and had issue.

(«) Charta.in publicis'arcliivis. (0) CViartain the charter-chest of the family of Duntreath. (/>) IbidciE.-
(9) Charta penes D. Duntreath. (r) Ibidem, (j) Ibidem. (0 Ibidem, (a) Ibidem.

APPENDIX. i6i

Archibald Edmonstone, the present Laird of Duntrcath, married Anne, daugh-
ter of David Lord Cardross, and sister to the present Earl of Buchan, and had only
one daughter, Miss Katharine Edmonstone.

He married daughter to Mr John Campbell of Mamore, son to

Archibald Earl of Argyle, and uncle to his grace the present Duke of Argyle, by
whom he has

Archibald Edmonstone, Esq. his eldest son, and apparent heir. And

Campbell Edmonstone, Esq. &c.

I shall conclude this memorial by adding the arms of the family ; and this I
judge the more necessary, because Mr Nisbet has neglected to insert the coat-ar-
morial of Edmonstone of -Duntreath, out of the register of the Lyon Office, though
it is there recorded. To supply that neglect, I shall blazon it as follows : or, three
crescents, within a double tressure, flowered and counter-flowered, gules. This
addition they bear of the double tressure, as a mark of their descent from the royal
family, just in the same manner as that honorary addition is borne by the Earls of
Strathmore,andCassilis,and Graham of Fintry. The supporters are two lions rampant,
gules; crest, a swan's head and neck issuing out of a ducal crown. Motto, V'irtiis
auget honorcm.

Memorial for the family of STEWART of Burray.

THE title of Lord Evandale having become extinct by the death of An-
drew Lord Evandale in the 148S, without heirs-male. King James IV. in the 1499,
honoured Andrew Stewart of Morphy, the said lord's grand-nephew, with the dig-
nity of a lord of Parliament de novo, by the title of Lord Evandale {w^. He mar-
ried Margaret Kennedy, daughter of Sir John Kennedy of Blairquhan, in the shire
of Ayr, by whom he had issue,

Andrew Lord Evandale, who, by act of Parliament, got his title changed from
Lord Evandale to Lord Stewart of Ochiltree, in the 1543, of whom descended the
line of the Lords of Ochiltree.

Sir Henry Stewart, the second son, enjoyed many honourable offices in the
reign of King James V. He married the Queen Dowager, widow of King James
IV. and daughter of Henry VII. of England; upon which he was created Lord
Methven5th September 1528 ; the family failed in the male line in the 1595.

Sir James Stewart of Beith, the third son, in the 1534, got from the crown
the keeping of the Castle of Doune, with the stewartry ot Monteith, and was slain
by the Edmonstones of Duntreath in Dumblane, on the 15th of May 1547 (.v).

Andrew Lord Evandale had besides these three sons a daughter, Barbara, who
was married first to Sir James Sinclair of Sanday, knight, and again to Roderick
M'Leod of the Lewis : By Sir James Sinclair she had no issue but a daughter, who
died without children. By Roderick M'Leod she had a son, Torquill, who, at the age
of twenty -four, perished at sea, and Janet M'Leod, of whom afterwards. This
Barbara feued the estate of Burray from the bishop of Orkney.

But to return to Sir James Stewart of Beith : He left issue three sons. Sir James,
Mr Henry, and Archibald Stewart of Burray, who was sometime Provost of Edin-
burgh, and died without issue (j), and a daughter who was married to Sir Robert
Crichton of Cluny.

Sir James Stewart, the eldest son, was first Commendator of St Colme, and by

(w) Charta in publlcis archivis ad annum 1499, terrarum de Morphy-Frissel, Andrese Domino Evan-
dale, et MargaretiE Kennedy sponsae suEe. (.v) Charta in publicis archivis ad annum 1547. (j) Specialie
Retornatus ultimo August! 1588, penes Dominum Jacobum Stuart de Burray.

Vol. U. 6

1 62 APPENDIX.

King James VI. wa<! created Lord Stewart of Doune in the 15 8 t (a), of whom i?
lineally descended the present Eaa-1 of Murray.

Mr Henry Stewart, the second son, is in several deeds designed of Bucklivie
and in others, brother-german to Sir James Stewart of Doune : He married Eliza-
beth, only daughter of John Robertson, portioner of Aberdour (/»), by whom he
had a son,

Jajvies Stewart, who married the before-mentioned Janet Macleod, daughter to
Roderick Macleod of the Lewis, and Dame Barbara Stewart, his wife, daughter to
the above-named Andrew Lord Evandale, with whom he got the estate of Bur-
ray. By her he left only one daughter, Barbara Stewart, who was mar-
ried to

William Stewart of Mains, second son to Sir Alexander Stewart of Garlics,
and brother-german to Alexander the first Lord Garlics, and Earl of Galloway, in
whose favour the estate of Burray was confirmed by a charter under the Great
Seal, upon the penult day of July 163 1 (c). This Wdliam Stewart of Mains and
Burray was Admiral-Depute of Orkney and Zetland (rf), and in order to make up
a title to the estate of the Lewis, that had been wrested from the Macleods by the
tutor of Kintail, his lady was, in the 1630, served and retoured as nearest and
lawful heir to Torquill Macleod of the Lewis, her grandfather by the mother ; but
the troubles coming on, their claim was never prosecuted. The said William Stew-
art of Mains and Burray had issue by the before-mentioned Barbara Stewart his
wife, James, his eldest son, who died before him, Henry, his second son, who was
slain in the king's service under the command of the Marquis of Montrose, Colo-
nel William Stewart his third son, and Archibald the fourth ; he had also se-
veral daughters, whereof Jean, the eldest, was married to Sir James Sinclair of
Murkle, knight, ancestor to the present Earl of Caithness, and was succeeded by

WiLLi^VM Stewart of Mains and Burray, his third son, who died without issue,
and was succeeded by

Archibald his brother, who joined the army commanded by the Duke of Ha-
milton in the year 1648, for rescuing King Charles I. out of the hands of the re-
bels, where, being made a prisoner, he in a short time thereafter escaped, and
joined the Marquis of Montrose, to whom he adhered to the last ; and when the
said noble Marquis of Montrose, by command of the usurping powers for the time,
was ignominiously dragged through the streets of Edinburgh, the said Archibald
Stewart was compelled to follow the cart whereon he was carried, with his hands
bound with chains or shackles, and cast into the prison of Edinburgh, where he
was detained seven months, and sentenced to death by that faction ; which he had
undoubtedly suffered, if the prison doors had not been accidentally opened upon
the arrival of the English usurper : yet notwithstanding of these misfortunes he
joined King Charles II.'s army in their march to Worcester, where he was a cap-
tain, and gave a signal proof of his valour and skill of military affairs ; and these
forces having been defeated by the supernumerary troops of the rebels, he was
again made a prisoner, and detained seven months in Chelsea College, where he
suffered great miseries and hardships, until he got an opportunity to escape. After
the Restoration he was appointed Lieutenant-Colonel of the Militia of Orkney, by
commission imder the Privy Seal, in anno 1683 ; and. in the year 1687, '^'^ ^'^^^
Majesty King James VII. being highly sensible of the loyalty and sufferings of
the said Archibald Stewart, and therefore, willing to bestow a lasting mark of his
royal favour, conferred the dignity of a knight-baronet upon him by letters pa-
tent, bearing date at Whitehall the 4th November 1687. He man-ied Isabel,
daughter to Sir V/illiam Murray of Abercairny, by whom he had Sir Archibald
his heir and successor, Mr John, who died without issue, and three daughters,
Lilias, Isabel, and Sophia who was married to David Sinclair of Freswick.

Sir Archibald Stewart of Burray man'ied Margaret, daughter of Archibald
Stewart of Dunnavern, brother-german to Alexander Earl of Murray, by whom
he had the present Sir James Stewart of Burray, baronet, Mr Alexander Stewart
and several other sons, who died in their youth, besides daughters.

(a) Acts and records of Parliament, (i) Writs of the family of Down, mentioned by Mr David
Simpson, (c) Charta penes Dominum Jacobum Stuart de Burray. (d) Commission 28th August 1619,
Ibidem.

APl'ENDIX. 163

The ai-moiial achievement presently borne by Sir James Stewart of Burray, as
matriculated in the Lyon Register, is already given in the First Volume of this
System, page 52, and engraven on the Twelfth Plate of the Achievements of the
Subscribers ; only, by mistake of the engraver, the bordure is made plain instead
of being indented, as blazoned in the said 52d page: But that bearing having
been assigned to his grandfather when a younger brother, and distinguished by a
suitable mark ot cadency, and he being now the only representative of the family,
may lay it aside, and assume the principal achievement as borne by William
Stewart of Mains his great-grandfather, viz. or, a fesse cheque, azure and argent,
surmounted of a bend ingrailed betwixt two lions' heads erased, all within a double
tressure, flowered and counter-flowered gules, and quartered with the arms of
Stewart Lord Evandale, with a suitable brisure, and of Macleod of the Lewis, as
his only representative.

Before finishing this memorial, it will not be improper to notice two mistakes
that have been committed in the First Volume of this System, probably for want
of proper information ; the first is in page 52, where, in place of Robert Stewart
of Burray, second son of Mains, it ought to be Archibald Stewart of Burray,
youngest son of Mains, as is evident from the above memorial. The other error
is in page 410, where it is asserted that Stewart of Burray used a tower embattled,
quarterly, as descended from an heiress of Macleod of that Ilk ; whereas none of
the family of Burray ever married an heiress of Macleod of that Ilk, but of
Macleod of the Lewis, as the above memorial evidences, and is vouched by char-
ters and many other original writings in the custody of Sir James Stewart of Bur-
ray, too numerous to be here mentioned. This would seem to have been a general
mistake, probably occasioned by not distinguishing the family of Macleod of that
Ilk from Macleod of the Lewis, which has been many years extinct, and conse-
quently little known or noticed. This conjecture is founded on inspection of the
seal of Roderick Macleod of the Lewis before mentioned, (who lived in the reigns of
King James V. and VI. and was the last of his family that enjoyed the estate)
appended to a deed of his in the custody of Sir James Stewart of Burray, where
there is no such figure as either castle or tower to be found : The arms thereon
are thus blazoned, viz. parted per fesse first, parted per pale first, a lion rampant
second, a dexter hand coupe, paleways ; and in the second or base grand par-
tition, a galley or lymphad. The tinctures cannot be discovered from the
seal.

Memorial of the ancient family of St CLAIR of Roshn.

THE first of the surname of St Clair (according to Jacob van Bassans Manu-
•<cript) was son to IVo/denius Compte de St Clare, and his wife, Helena, daughter to
the Duke of Normandy, and cousin-german to William the Conqueror, who,
coming to Scotland, obtamed a grant of the lands and barony of RosJin, whereof
Malcolm III. King of Scotland, commonly called Canmore, granted a charter of
confirmation (,7), in favour of William St Clair, who was steward to Qiieen Mar-
garet, and married Agnes Dunbar, daughter to Patrick Dunbar the first Earl of
March ; and the aforesaid barony of Roslin was afterwards confirmed (/;) by Wil-
liam the Lion King of Scotland, JVillielmo de Snncto Claro, in or about the ii8o.
His son, Henry St Clair Baron, of Roslin, married Katharine, daughter to the Earl
of Strathern, by whom he had Henry St Clair, who succeeded him in the estate of
Roslin, and married Margaret Marr, daughter to the Earl of Rlarr. Their son,
IViUielmus de Sancto Claro, domiiius de Roslin, married Lucia, daughter to the Earl
of Strathern, and Matilda, only daughter and heiress to Magnus Earl of Orkney
and Zetland. He executed the office of high sheriff of the shire of Edinbugh in
the 3Cth year of Alexander III. anno 1278 {c^; and in a charter granted by John

(a) Charta confirmationis penes Gulielmum Sinclair de Roslin. {V) Alia chaita
eundem. (c) Chartulary of Dunfermline, MSS. in the Lawyers' Library.

iC<4 APPENDIX.

de Strathern, to which he is witness, he is accordingly designed Domimis de Saiictc
Chro, Vicecomes de Edinburgh. He was succeeded by his son Sir Henry St Clair
of Roslin, who made a very illustrious figure in the war occasioned by the com-
petition for the crown betwixt the Bruce and Baliol; and being a faithful adherent
to the former, King Robert, in the nth year of his reign (rf), erected the muir of
Pentland and several other lands into a free hunting, as they were in the reign of
King Alexander, for payment of a tenth part of a soldier. This Sir Henry St
Clair married Florentia, daughter to the King of Denmark, with whom he got a
great estate in Norway, and, after the forfeiture of his grandfather of the earldom
of Strathern, he, in right of his mother, got the earldom of Orkney and Zetland,
which he held of the King of Denmark. After the death of King Robert Bruce
he accompanied the Douglas with his heart to the Holy Land, and in his way the
Emperor created him a Knight of the Order of the Golden Fleece. His son. Sir
Henry St Clair of Roshn, was created Earl of Orkney by Haco King of Norway,
in the 1379 (f), and was at the same time invested in the same honour by his own
natural sovereign Kmg Robert II. as appears by a charter in the rolls, granted by
that prince, " dilecto consanguineo suo Henrico Comiti Orcadis domino de Ros-
" lin, baroniffi de Roslin," proceeding upon his own resignation thereof. He was
likewise Lord of Zetland, and was created Duke of Oldenburgh in Denmark by
Christian, the first of that name. King of Denmark. He was also created a
Knight of the Orders of the Thistle, the Cockle, and Golden Fleece, by tlie dif-
ferent sovereigns of these several orders. He married Egidia Douglas, daughter to
William Lord Nithsdale, and the fair Egidia, daughter to King Robert II. and had
by her one son, William, who succeeded him, and three daughters; Elizabeth, the
elde'it, was married to Sir John Drummond of Stobhall, ancestor to the Duke of
Perth, as appears by a deed in the charter-chest of that family, whereby Sir John
and his lady, Elizabeth St Clair, disclaim any right they could pretend to the lands
lying within the kingdom of Norway, belonging to her father Henry Earl of
Orkney. The second daughter, Helen, was married to John Stewart Earl of Athol,
and the third, Beatrix, to John Douglas Lord Aberdeen. This Henry Earl of
Orkney went governor with James I. then prince, for France; but they were both
taken prisoners by the English in their way thither. He was succeeded by his
son William Earl of Orkney and Caithness, who was the greatest subject by far of
all others in his time, being designed by the following lofty titles, WiUielmus de
Sancto Claro, Duke of Oldenburgh, Earl of Orkney and Caithness, Lord Zetland,
St Clair and Nithsdale, with the vallies of Nith and town of Dumfries, and Sherifi
thereof. Great Admiral of Scotland, Warden of the Marches, and Justice-General,
Knight of the Golden Fleece, Baron of Eckford, Greenlaw, and Kilkbellan, Rox-
burgh, Caverton, Cousland, Roslin, Pentland, Herbertshire, Carden, St Clair, Po-
mers, Dysart, and Newburgh in Buchan. He married Elizabeth Douglas, daugh-
ter to Archibald Earl of Douglas, and, after her death, Marjory, daughter to Alex-
ander, Master of Sutherland. The said William Earl of Orkney and Caithness was
likewise High Chancellor of Scotland, and executed that great office from the
1455 till the 1458. He exchanged with King James III. the lordship of Nithsdale
for the earldom of Caithness, then fallen to the crown by the demise of Sir George
Crichton; and in the 1471 he resigned to the crown the earldom of Orkney,
which was thereupon annexed to the crown (/); though it is plain he retained
even after that the title of Comes Orcadiae as well as that of Comes Cathaniae.
This noble person founded and erected a collegiate church near his own castle of
Roslin, in the year 1441, which he nobly endowed with suitable revenues for a
provost and seven prebends for performing divine service according to the custom
of these times. This collegiate church is a noble and magnificent structure of
Gothic architecture, enriched both within and without with great variety of orna-
ments suitable to that order, and beautified in several places with histories, em-
blems and other figures, curiously represented in bas-relief, which yet discover
that they have been handsomely gilded and painted. The fabric in general has
always been looked upon as a master-piece in its kind, and is still esteemed as such

((/) Charta penes Gulielmum St Clare de Roslin. (<r) Torpheus' History of Orkney. (_/") Had-
dington's Collections from the Records.

APPENDIX, 165

by very good judges of architecture, and upon that account is frequently resorted,
to by the curious, as well natives as tbreignexs, who view it with pleasure and sa-
tisfaction.

This William Earl of Orkney and Caithness, for reasons not to be discovered at
this distance of time, thought frt to pass by Sir WiUiain St Clair, his eldest, son in
the succession to the gross of his estate, and gave iiini only the barony of New-
burgh in Aberdeenshire j from which Sir William the Lord Sinclair's family is
lineally descended by an heir-female. Betwixt the two sons of his second wife,
Marjory, daughter to Alexander, Master of Sutherland, he divided his great estate:
To Sir Oliver St Clair, his eldest son of that marriage, he disponed the baronies of
Roslin, Pentland and Pentland-muir, the barony of Herbertshire in Stirlingshire,
the lands of Cousland, the barony of Ravenscraig, Dubbs, Carberry, Dysart, &c.
being the whole of the Earl's estate be-south Tay. This deed is confirmed by a
charter under the Great Seal of King James 111. the loth of September in anno
1476, still extant in the rolls. To William St Clair, his second son of the foresaid
marriage, the said earl disponed the earldom of Caithness, and from hun the pre-
sent Earl of Caithness is lineally descended, in a direct masculine course of suc-
cession.

This Sir Oliver St Clair of Roslin married Margaret, daughter of William Lord
Borthwick, by whom he had Sir William his heir and successor.

Dr Henry St Clair, who was bred to the church, and taking orders, was soon
thereafter made Dean of Glasgow, which, with consent of the crown, he exchanged
with Gavin Hamilton for the Abbey of Kilwinning ; he was afterwards promoted
to the Episcopal See of Ross, and was President of the College of Justice ; which
office he held till his death in the year 1565.

Sir Oliver St Clair, the third son, was stiled of Whitekirk and Pitcairn*. This
was the gentleman that King James V. held in so great esteem for his skill in
military affairs, that he pitched on him to command the Scot's army at the battle
of Solway, anno 1542; which, without reason, gave so great disgust, that, how-
ever just the choice might be, the army behaved very ill on that occasion, and was
thought by some to hasten on the king's death. His lineal heir-female was married
to Captain William Ramsay, and was mother by him to William, the present Earl
of Dalhousie.

Dr John St Clmr, the fourth son, was bred also to the church; he was Dean of
Restalrig, and afterwards promoted to the Bishoprick of Brechin. He was a
learned man, both in the civrl and canon law, and was made President of the
Session after the demise of his brother the Bishop of Ross; in which state he con-
tinued till his death anno 1567.

The above-mentioned Sir Wilham St Clair of Roslin was in a high degree of
favour with King James V. who, by his special writ of summons, called him fre-
quently to sit in Parliament, as appears from the Registers of Parliament. He
married Elizabeth Home, of the Lord Home's family (^), by whom he had Sir
AVilliam St Clair of Roslin, who was Justice-General of Scotland in the reign of
(iKieen Mary. He married Isabel Ker, daughter of Sir Walter Ker ot Cessford,
ancestor to the Duke of Roxburgh, by whom he had Edward St Clair of Roslin,
his eldest son, who married Elizi'.beth, daughter of Sir George Douglas of Parkhead,
but had no male succession. And

Sir William, his second son, who married Janet, daughter to Edmon-

stone of that Ilk, and had by her Sir William his son and heir, who married Anne,
daughter of Dr John Spottisw'ood, Archbishop of St Andrews, and Lord High
CI ancellor of Scotland in the reign of King Charles I. and had by her James St
Clair of Roslin, who married Jean, daughter of Sir Henry Spottiswood, High She-
rift" of Dubhn, by whom he had Alexander St Clair of Roslin, who married Jean,'
daughter of Robert Lord Semple, and had by her William St Clair, now of Roslin,
his son and heir, and heir-male to the above-mentioned William Earl of Orkney
and Caithness, who was Chancellor in the reign of King James 111.

(^) Charter under the Great Seal 15^6-

A'oL. XL 6G

1 66 APPENDIX.

The said William St Clair of Roslin, Esq. bears, for his armorial achievemein,
argent, a cross ingrailed sable, supported oa the dexter by a mermaid, holding in
her right hand a trident, with the point upwards, and on the sinister by a griffin ;
for crest, a dove holding an-olive branch in its beak, all proper; and, for his motto,
the word Credo.

CAMPBELL of Sherrington.

THIS family lies in the shire of Ayr, in the southmost parts of the middle di-
vision thereof, called Kyle, where the name of Campbell were very early pro-
prietors, as appears from a gift by Sir Colin Campbell, son to Gillescop Campbell
of twenty merks out of his lands of Symington in Kyle to the abbacy of New-
bottle, anno 1290, recorded in the Chartulary Books of Newbottle in the Advo-
cates' Library.

The original writs of the family are either lost, or, through age and bad keeping,
cannot be read.

The earliest legible instruction is in the year 1348; there appears to have been
a resignation or surrender of the lands and estate of Skerrington, for infeftment to
David Campbell of Skerrington.

David Campbell was succeeded by his son Andrew Campbell, as appears by a
deed made by the Baron of Cumnock in favour of Andrew Campbell of Skerring-
ion, son to umquhile David Campbell, amio 1360.

To Andrew succeeded David Campbell, the second of that name, as appears by
a charter granted by him to his son, anno 1460, running in thir terms: " Omnibus
" banc chartam, &.c. David Campbell Dominus de Skerringtone salutem in do-
" mino sempiternam," &c. He is said to be married to a sister of Stewart of
Haining.

David Campbell is succeeded by his son Andrew Campbell of Skerrington, the
second of that name, as appears by the foresaid charter, and by another charter
granted him by Hodgison of Barshare of the lands of Craigens, anno 1490, run-
ning in thir terms: " Omnibus, b-c. Joannes Hodgison de Barshare, &.c. no-
" veritis me titulo venditionis alienasse honorabili viro Andreac Campbell de
" Skerringtone," &c. And by several other charters, granted him before this
time, he is said to be married to Boyd, daughter of the family of Kil-
marnock.

To Andrew Campbell succeeded Alexander Campbell of Skerrington, as ap-
pears from his charter of the estate, anno 1509, and other charters granted to him
about that time; he was married to his cousin Mrs Campbell, sister to Campbell
of Cessnock.

Alexander Campbell was succeeded in an opulent estate by his son Andrew
Campbell of Skerrington, the third of that name, as appears from many charters
from the year 1534, forward, that were granted him in thir terms: " Honorabili
" viro Andreae Campbell de Skerringtone ;"' he had at that time the barony of Bar-
gour, with many other lands, and left no issue.

Charles Campbkll, cousin to Sir George Campbell of Loudon, and nephew and
lieir to Andrew Campbell of Skerrington, succeeded him about the year 1560 or
1570 ; he designed himself first of Skerrington and then of Horsecleugh, where
lie afterwards dwelt, as appears from his charters and writs about that time, where
he is designed Dominus de Skerringtohe, and thereafter his writs run in thir terms :
" Honorabili viro Carolo Campbell de Horsecleugh, Stc." Through mistake he is
called in some parts of Knox's History of the Reformation, to which he was very
assistant, William instead of Charles : He was married to Mrs Campbell, daughter
to Campbell of Shankston, a baron descended of the family of Loudon.

Charles Campbell was succeeded by his son George Campbell of Horsecleugh
about the year 1590 or 1600, who had to his brother Mr William Campbell, grand-

• APPENDIX. 167

father to James Campbell of Little Cesnock, who died without issue, whereby his
estate returned thereafter to the family, aimo i-]2J. George Campbell was mar-
ried to Mrs Mary Gordon of the family of the Lord Viscount of Kenmure ; he spent
almost all his estate, and left to succeed him his eldest soiv

John Campbell of Horsecleugh, who succeeded about the year 1640, and was in-
feft under the Great Seal in the reniains of his estate of Skerriugton and Horse-
cleugh, iinno 1644; after a marriage with a daughter of Gordon of Skirmer's he
was married to Jean Nicol or Nicolson, daughter of Mr Thomas Nicolson, merch-
ant in Ayr.

John Campbell of Horsecleugh was. succeeded by John Campbell his eldest son,
the second of that name, about the year 1700, who spent the most part of his life
in the army ; he was first married to Mrs Jean BoswcU, eldest sister to Mr James
Boswell of Auchinleck, advocate, and after her death without issue, to Abigail
Ranken, daughter and heiress to Mr Widiam Ranken of Bankhead, and heiress of
line to her great grandfather, Laurence Ranken, Laird of Shiel, as he is designed
in Knox's History of the Reformation, who was chief of the name, and by her
mother she is likewise heiress of line to Robert Cathcart of Drumjoan, an ancient
family of that name. John Campbell of Horsecleugh aforesaid, died the 28th of
July 1725, having by her of male heirs John and James Campbells.

He is succeeded by Mr John Campbell of Skerrington, advocate, his eldest son»
who assumed the title of his predecessors.

An Historical and Genealogical Essay on the Illustrious Fatnily of the Earls, Mar-
quisses, and Dukes of ATHOL, from its first erection into a Feudal Dignity in the
Reign of King David L to the present time.

AS this is undoubtedly one of the most ancient dignities among us, so it has
been successively enjoyed by many royal, noble, and illustrious persons, who have
been eminent for their birth, quality, and merit, in their several ages : so that
I may venture to say, that the honorary title of Athol has been borne by more
royal branches and sons of the crown, from time to time, than any other title or
dignity in Scotland whatsoever, as will appear from the sequel of this narration,
from which I shall detain the reader no longer, but proceed directly to give the
deduction of the several dignitaries in a clear and distinct chronology from the
aera we have fixed on till his grace the present Duke of Athol.

The first illustrious person who enjoyed this honour of Earl of Athol was Mal-
colm, son to King Donald VU. surnamed Bane, brother to King Malcolm Can-
more, who was by King David created Earl of Athol {a). Torfieus the Danish
Historigrapher, speaking of this Earl of Athol {b), says he was the noblest prince of
Scotland : " Omnium Scotia; principum facile nobilissimus patruelisquippe Davidi<
" regis Scotis in pnesens regnantis." This same Malcolmus Comes is a witness and
a consenter to the charter of foundation of the monastery of Scoon, by King Alex-
ander I. amio 1 115 (f ). He married Margaret, daughter of Haco Earl of Orkney (^/),
by whom he had a son, his heir,

Malcolm Earl of Athol, who was a donator to the Abbey of Scoon ; for, by In-
deed and grant, he made over to the abbot and convent perpetually the church of
Login Muchbed, with four chapels thereunto belonging, for the safety of his soul,
&c. (t-). He was also a benefactor to the monks of Dunfermline; for to that

(a) Buchanan and our other historians, (i) In his History of the Earls of Orkney in the Advocates'
Library at Edinburgh, cap. 22. page 100. (c) Chartulary of Scoon, which I had from the late Vis-
count of Storraont. (</) Torpheus, page 100. (e) Chartulary of Scoon.

ib8 APPENDIX.

convent he gave in pure and perpetual alms the patronage and tithes of the church
of Moulin, " pro salute animae suae, et anima sponsae suae et pro animabus regum
" Scotice, predecessorum suorum, ibidem requiescentium ;" and that when it shall
please Almighty God to call him and the countess his v/it'e to his mercy, that they
shall be interred in the abbey church there (/).. To this deed King William and
the Bishops of Gla'^go\v, Aberdeen, Dunkeld, and Brechin, are witnesses. To
Malcolm Earl of Athol succeeded his son

Henry Earl of Athol, who ratifies and confirms to the abbot aad convent of
Dunfermline the grants his father had made to them for the health and welfare of
himself and relations, whether dead or ahve (j^). He died without issue-male, and
the feudal honour returned to the crown, and being in the king's disposal, Alex-
ander U. gave the earldom, and the title of Earl of Athol to Allanus de Lundoniit
Ostiarius Regis, who was then in great favour and confidence. This is vouch-
ed and instructed by a deed of Allanus Ostiarius Regis Comes Atbole, whereby he
gives to them the monastery of Arbroath, the wood and forrest of Orphack in
Aberdeenshire, which had been formerly given by Thomas de Lundin Ostiarius
Regis, pater suus, to that convent. This donation is ratified by King Alexander II.
the 1 2th of October, the 19th year of his reign, that is the year of our Lord
1230 (/^). I conjecture that this Allan Hostiarius has married the eldest daughter
of Henry Earl of Athol, and upon that has been invested in the honour of Earl of
Athol by cincture of the sword and the other usual ceremonies of creation ; but
that his wife dying soon after the marriage without any issue, he resigned the
dignity back to the crown, in order that it might be established upon a gentleman
of great rank and quality, who, we are certain, from unquestionable vouchers,
married the Lady Isabel, another of the daughters of Henry Earl of Athol, and
that was Thomas of Galloway, son of Uchtred, and brother of Allan Lord of Gal-
loway, who was also honoured with the title and dignity of Earl of Athol ; for in the
chartulary of the abbacy of Dunfermline we find Thomas de Golouyea comes Atholie,
et Lobelia comitissa Atholie sponsa sua, giving and confirming deeds to that
convent. This Thomas Earl of Athol died in the 1234 (?), and left a son his
heir.

Patrick Earl of Athol, who was burnt in his own lodging in the town of Had-
dington, by the instigation of Sir John Bisset, as was shrewdly suspected, (^k), in
the year 1241 ; so he dying without successors, the dignity of Earl of Athol came
to Sir David Hastings, an English gentleman who had married the Lady Ferehthe,
another daughter of Henry Earl of Athol, and aunt, by the mother, to Patrick the
young Earl of Athol (/), and thereupon has been invested in the honour of Earl of
Athol, and we find him so designed in certain vouchers («) ; and there is an ori-
ginal charter in the Advocates' Library at Edinburgh, granted by Ferehthe Comi-
tissa Athole, by which she gives in pure and perpetual alms to the monks of the
abbey of Cupar in Angus, the lands of " Dunfuther pro salute anima; su;i% et pro
" anima domini David de Hastings, quondam viri mei comitis Atholie." He died
in a pilgrimage to the Holy Land, anno 1269 («), leaving one daughter his sole
heir, Adda, who was married to John de Strahbolgy, wiio was upon that invested
in the honour of the Earl of Athol by King Alexander III. (0).

The Earls of Athol, of the surname of Strathbogy were a branch of the great
family of the Earls of Fife : David, a younger son of Malcolm Earl of Fife, who
was great Justiciary of Scotland under King William, had, by a grant of the
crown, the lands of Strathbogy, and from thence, as the custom then was, he as-
sumed a surname. In the chartulary of the Episcopal See of Murray (/>), there is
an agreement in the 1226, between Andrew, then bishop of Murray, and David,
son of Duncan, umquhile Earl of Fife, whereby the bishop cedes his right to the
patronages of several churches to him, and in lieu thereof he grants to the other,
" predicto episcopo, et suis successoribus advocationem omnium aliarum eccle-

{f) Chartulary of the Abbey of Dunfermline in the Lawyers' Library at Edinburgh, (g) Ibidem.
(A) Chartulary of Arbroath in the noble library of the noble family of Panmure. (i) Excerpts from
Fordun. (^h} Buchanan. ("/) Fordun, speaking of the death of Patrick Earl of Athol, says, his estate
<-ame to his aunt matertera defuncti. {m) Rymer's Fcedera, ("«) Fordun. (0) Balfour's Collections,
title Athol in Bibloth. juridica. ("/_) Ibidem.

APPENDIX. 109

" siarum m feudo suo dc Struthbolgy, et terris ad easdem ecclesias pertinentium."
This David dc Sirathbolgy had a son, John de Strathbolgy, who having married
Adda, the daughter and heir of David Earl at" Athol, as is heretofore observed,
was cinctiiJ gladio Comitatus ^-Jtholie. He, as Earl of Athol, and Adda Countess of
Athol, his wife, confirm a deed of the lands of Inmeth to the monks of Cupar,
" quas David Comes Atholie pater Addae Comitiss* Athole" had formerly given
to that monastery, and they then jointly ratify and confirm the deed in the
1284 («). He was succeeded by David de Stratbbolgy Earl of Athol, his son, who
married an English lady, Isabel, daughter and co-heir of Richard de Chilum, a
great fortune in England ; and dying in the 1284 (Zi), was succeeded by John de
Stratbbolgy Earl of Athol, his son (c), who was amongst the earliest of those patriots
who resorted to King Robert Bruce when he first exerted the regal power in 1306, and
was at the battle of iVIethven. After that he retired with the queen to the castle
of Kildrummy, which being some time after taken by a detachment of the Eng-
lish army, with the Prince of Wales at their head, he was made prisoner with two
of the king's brothers ; they were carried up to England, and indicted of high
treason against King Edward I. of England, on pretence that they had sworn
allegiance to him as Direct and Superior Lord of Scotland, and being found guilty,
they were condemned, and suffered accordingly at Westminster, anno 1308 (rf).
He left behind him a son, David de Strathbolgy Earl of Athol {e), who, for the
merit and memory of his illustrious father, was taken into a great degree of favour
with King Robert I. and was made High Constable of Scotland. This is clear,
and vouched from a charter granted by that prince to the convent of Aberbroth-
ock, whereby he erects the lands of Tarves into a free regality ; the charter bears
date the 26th of February 131 1 (/) : Upon this I see that King Edward recalled
a grant he had made him of the lands of Suraerton, because he then adhered
to his enemy Robert Bruce, as he calls our glorious and immortal deliverer
King Robert I. But this earl having a considerable estate in England, gave him
an attachment to that kingdom, so he revolted from his allegiance to his native
sovereign, and went into England, where he had grants of lands, manors, and pen-
sions, to a considerable value (^). King Robert was loath to use him with rigour,
being in hopes he might reclaim him to his duty, for it was full five years before
he disposed of tiie constabulary to SirGilbertHay, and more before everhe gave any
grant out of his estate to any of his friends whatsoever Qj) : And it is observable
that King Robert had such a tenderness towards the Earl of Athol, that he did
not give away his estate, till after the peace with England was concluded at Nor-
thampton, in the year 1327 (/), whereby it was provided by an article of the
treaty, that no Englishman should henceforth possess any lands, titles, or estate,
out such as would reside in that kingdom, and renounce their allegiance to the
crown of England, by which all the Scots who adhered obstinately to the English
interest were forever exiled, and among others this David de Strathbolgy Earl of
Athol. This, doubtless, heightened his resentment against Scotland, so that in the
minority of King David Bruce he commanded a body of English troops, in support
of Edward Baliol's claim and title to the crown, and in that service he was slain
at the battle of Kilblane, in 1335 {k). He left issue by Jean his wife, eldest sister
and co-heir to John Cuming of Badenoch (/), David his son and heir, who being
outed and deprived of his estate here, was summoned to Parliament as an English
baron, and used the stile and title in England as Earl of Athol ; his male issue
failed, and his two daughters were heirs to his English estate: Elizabeth, the
elder, was married to Sir Thomas Percy, knight, son to Henry Lord Percy, and

( fl ) Coll. Title Athol, by Sir James Balfour of Kinnaiid, Lord Lyon King at Arms, in Bib. Jurid.
(4) Rymer litera excusatoria pro Alexr. Balielo ab Alexr. rege Scotis. (r) Dugdale's Baronage of
England. {d) History of Scotland. (e) Duijdale's Baronage of England. ( /") Register of the
Abbacy of Aberbrothock, in Bib. Panmure. Q) Rymer's Foedera Ang. {h) The Ch'arter of the
Constabulary of Scotland to Sir Gilbert Hay is dated the i 2th of November 1316, as from the original
I have seen, and have a copperplate of it. (;') Rymer's Fuidera Anglife, ad annum 1327. (^) His-
tories of Scotland, and Rymer's Foedera, where John of the Isles gets a gift of a part of the ward of
David his son from the King of England. (/) Dugdale's Baronage of England.

Vol. n. ? D

I7Q APPENDIX.

Philippa, the younger, to Sir Ralph Percy, a younger son of the same Henry Lord
Percy {a).

David Earl of Athol having refused to renounce his allegiance to England
in the 1327, as is already observed in these memoirs, King Robert did then be-
stow the earldom of Athol upon a nephew of his own, Sir John Campbell of
Moulin.

JOHN CAMPBELL Earl of Athol,

Was the son of Sir Neil Campbell of Lochow, by the Lady Mary Bruce his-
wife, daughter of Robert Earl of Carrick, and sister to King Robert L (6) ; and-
being a gentleman of virtue and merit, was, by the King his uncle, rewarded with
the earldom of Athol, upon the exile of David de Strathbolgy, the former Earl of
Athol, as hath been said. The erection charter is not extant in the public
archives, but there are two authentic deeds of his as Eai-1 of Athol, which I shall
here insert. The first is a charter granted by King David IL " Roberto de Ersken
" militi domino ejusdem," of an annuity out of the borough mails of Dundee, to-
gether with the lands of Pitcarach, then in the crown, by the demise of John
Campbell Earl of Athol (c). The other deed is a charter granted by " Johannis
" Campbell comes de Athole domino Rogero de Mortuo mari terrarum de Bil-
" landre, &.c." and this charter is confirmed and ratilied by another charter un-
der the Great Seal of King David IL (rf). But the grant of the earldom of
Athol most certainly has been limited to the heirs-male of his body, since upon
his death we see it fell back to the crown, and being at the sovereign's disposal,
was meritoriously bestowed, by King David, upon Sir William Douglas of Liddis-
dale.

WILLIAM DOUGLAS Earl of Athol,

Was the sou of Sir James Douglas of Louxion, knight, who being in all respects-
a hero, and having performed many great and eminent services towards his sove-
reign and his country, in the time of King David II. of which all our histories are
full, he had a grant from that prince of the earldom of Athol. The leai-ned his-
torian Mr David Hume of Godscroft says, that the charter in his time was in the
register, and takes particular notice of the precise date, which he says was the
i6th of January 1341 {e). He was before that time designed Dmninus vallis de
Lydall, and is witness in a charter granted by " Jacobus de Douglas dominus loci,
" ejusdem Jacobo de Sandilands, et Eleanora; de Bruce sorori suee, de tota baronia
" de WestCalderin liberam maritagiam" (y}. This William Douglas of Liddis-
dale, who had the earldom of Athol, made it over to Robert the Great Steward of
Scotland, Earl of Strathern, and died without issue-male in the 1353 {g}. He had
got the barony of Dalkeith by the marriage of Margaret, daughter and heir of
Sir John Graham of Abercorn, and which he made over to Sir James Douglas
his nephew (/&), and his estate of Liddisdale went to William the first Earl of
Douglas.

Although the lands of the earldom of Athol were in the person of Robert the
Great Steward of Scotland, and Earl of Strathern, both before and after his acces-
sion to the crown, by the name of Robert II. yet I have never once seen him de-
signed Comes Athole ; the reason I conjecture he made no grants out of the earl-
dom, resolving, it would seem, to keep it still entire, as a part of the patrimony of

{a) Sir William Dugdale's Baronage of England. (A) Sir James Dalrymple's Collections, and
with these several other authentic documents concur, (c) The Eail of Haddington's Collections from
the Registers, while he was Register, in the Lawyers' Library, {c! ) The ingenious Mr Nisbet in his
Treatise of Heraldry, page 294, says, he had seen the charter in the custody of Rait of Halgreen.
(f) In his History of the femily of the Earls of Douglas and Earls of Angus. Mr Home says, in his
History, that the charter was in the Register, page $<), i6th of January 1341. (/) Charter I haye
seen in the hands of the Lord Torphichen. (f) Rymer's FcEdera Angliw, ad annum 1353, mentions
him then dead, {h) Charter in the Rolls of King David in the Register.

APPENDIX. 171

die crown : But after the accession of his son King Robert III. to the sovereigntyi
in the 1390, he gave tlie earldom of Athol to Duvid Earl of Carrick, Prince and
Stei\ard of Scotland, his eldest sou. who thereupon, in several charters both in the
public register and also in private hands, designs himself David Comes de Carrick y
Athole, ac senescallus ^otiue ; and that even after he was created Duke of Roth-
say by the king his father, by solemn investiture in Parliament, the 30th of
April 1390 ((^\ and he kept the title of Earl of Athol till his death on Easter-
day of the year 1402 {b), and thereupon the king resumed the earldom of
A.thol, and quickly after bestowed it upon his brother Sir Walter Stewart of
terechin.

WALTER STEWART Earl of Athol, Strathern, and Caithness,

THIS prince was the younger of the two sons which King Robert II. the first of
our kings of the Stewartine line, had by his royal consort Queen Euphame, daugh-
ter of Hugh Earl of Ross: he obtained the great barony and estate of Brechin in
Forfarshire, by the marriage of Margaret, daughter and sole heir of Sir David
Barclay of Brechin (<:), and upon that he is designed Bomimts de Brichen (d) ;
after the death of the Duke of Rothsay his nephew, his brother King Robert cre-
ated and invested him, as the manner was, in the honour and dignity of the Earl
of Athol, per cincturam gladii comitatus. The precise date of the creation I have
not seen in any voucher that has come in my way : but on the 5th of June
1403, he is designed IValtcnis Comes de Athole, in letters of safe conduct by the
King of England, allowing him to come into his dominions the length of St Tho-
mas of Canterbury, with a retinue of a hundred persons in his company. I
presume it has been, as was usual at that time, to pay devotions to the shrine of
Thomas a-Becket, who was canonized by the Church of Roms; though, in truth,
he appears to have been a right turbulent man. Upon the death of David Earl
of Strathern, without heirs-male of his body, the Earl of Athol succeeded to the
estate of the eavldom of Caithness, and likewise assumed the title of Cornes Ca-
tbanice, as well as AtboVue: To vouch this there is a passport or safe conduct from
the Crown of England, permitting IValterum Stuart Comitem de Airhole l^ Caith-
ness to come into England, the loth of April 1421 : It was to concert measures
towards the restoration of his nephew King James 1, (f) ; to which, to do him
justice, he contributed with all possible zeal ; and how soon the restoration was
effected, he was in the highest favour without any outward diminution on the
king's part that was visible, till the day of his death. He was Great Justiciary
of Scotland (/), and the king strove to heap favours on him ; for quickly after
his restoration he gave him the earldom of Strathern for life (^) ; much about
the same time he resigned the earldom of Caithness in favour of Allan Stewart
his second son, who thereupon was invested in the honour, and the earldom
provided to the heirs-male of his body ; which failing, to return to his father ;
which actually happened, on his death without issue, in 1428 ; for he was slain
at the battle of Innerlochy that year, leaving no child behind him ; so the earl-
dom of Caithness returned to his father the Earl of Athol again ; and upon that
I find him in an authentic original deed, in the custody of the Lord Gray, which
I have seen, wherein he is designed JValtenis Comes Palatinus de Strathern, Athole li
Caithness, of the date the 8th of September 1438.

I have ever thought this Earl of Athol one of the very worst of men ; for no
favour could oblige him, nor courtesy tie him to his duty; for the king, his ne-
phew, had done all that was possible that way ; but such was the perverseness ot
his own natural disposition, that all the favours and honours the king had in a
manner pursued him with could make no impression on him, though it appears
that the king had no suspicion of his infidelity to himself, for he not only employ-

(rt) Fordan and the Chartulary of Murray. (A) Liber Episcopatus Dunblanen. MSS. penes Mr Ker.
{c Chjrter in the register of charters, and are printed in Mr Hay's Collectio.i of Charters. {J) Ry-
mer's Foedera Anglia;. (f) Ibidem ad annum 1 42 1. {/) Decreet pronounced by him at Foulis in the
hands of the Laird of Abercairny. (^) Charter in the register.

172 APPENDIX.

ed hiiri' in the public transactions of the greatest importance, but also in the offi-
ces of nearest trust about his royal person : but, monstrously wicked as he must
have been, what in all the world could induce him to contrive the murder of his
nephew and sovereign, who had by his bounty and favoui- made him so great, that
the king himself on the throne was only greater than he. It could not possibly
be the view of succeeding to the crown, for the king had a son of his own, and
his elder brother of the full blood, the Earl of Strathern, had issue, though they
were females, who were a bar in his way to the succession ; nor can it be imagin-
ed that he had any notion that he had a nearer title, or a preferable right to
the crown than the king, for he well knew that Lady Elizabeth Mure was his
father's first and lawful wife, the king's grandmother,' and that the children of
that marriage did seclude from the succession the issue he had by the Earl of
Athoi's mother, who was but the king's second wife; this could never be his view ;
for the estates of parliament, upon his father Robert II. 's coming to the crown,
had by a very solemn deed recognised the right of succession in favour of all the
three sons he had by his first wife, as his lawful and undoubted heirs and succes-
sors ; and it was but in failure of these that the crown was to descend to his bro-
ther the Earl of Strathern, and him as the issue of the king's second marriage al-
lenarly in failure of his three elder brothers (a), John Earl of Carrick, who came
to the crown by the name of Robert III., Robert Duke of- Albany, and Alexander
Enrl of Birfhan.

Bat what black views he had God only knows. Yet certain it is that he en-
tered into a most helHsh conspiracy to murder his sovereign and nephew. The
principals concerned with him in this most wicked machination were, Robert
Graham, a son of the House of Kincardine, and his own grandson Robert, Mas-
ter of Athol, who was of the Red-chamber to the king, and so had the more easy
access to the court unsuspected; they drew in one Christopher Colquhoun, and
Robert Chalmer, burgess of Perth, to concur with them, and some lower people
who depended on them, to commit the regicide, which, in short, they found means
to execute, while the king lay at the convent of the Carthusians near the town of
Perth, the 12th day of February 1438 (b) ; the earl and his accomplices were
all quickly apprehended and brought to justice, and he suffered the pains of law
due to such an unnatural regicide, in a most exemplary manner famous over all
Europe. The particular tortures he underwent are in all our histories, and for
that reason I do not judge it necessary to transcribe them here. However, I may
here remark, that this Earl of Athol at the very last did an act of justice to Sir
Thomas Maule of Panmure, who was his wife the Countess of Athol's nearest
heir, for, just before he went out to his execution, he emitted a judicial declara-
tion, importing, that the baronies and lordship of Brechin had been held by him
in courtesy of his wife Dame Margaret 'Barclay, daughter and heir of Sir David
Barclay of Brechin (r), and that the right to that estate after himself did belong
to the said Sir Thomas Maule of Panmure, in right of his grandmother Marion,,
only daughter of Sir David Fleming of Biggar by Jean his wife, daughter of Sir
David Barclay of Brechin ; Sir Thomas accordingly laid claim after the Earl of
Athol's death to the lordship of Brechin ; but that being by the ministry in the
minority of King James II. adjudged to be included in the Earl of Athol's forfei-
ture, Sir Thomas recovered only the lands of Hedderwick, Jackston, and Stoddock-
muir, with Leuchlands, part of the lordship of Brechin, in Heu of the whole, though
the family afterwards recovered the whole barony, and was one of the subaltern ti-
tles of the family of Maule, when they were raised to the peerage of Earl of Pan-
mur. Upon the death of the Earl of Athol, the earldom of Caithness, together
with the honour of Co?nes Cathania, was, by King James II. erected to his great
favourite Sir George Crichton of Cairns, et suis assignatis, anno 1452 (rf), and the
title and earldom of Athol to his uterine brother Sir John Stewart of Balveny.

C<J^ Act of Parliament still extant in the registers, and which Mr Hay has printed in his Collection of
Charters from the archives, (b) Buchanan and the other historians. (c) Charter in the Register cf
Charters, (d) Ibidem.

APPENDIX. 173

STEWART Earl of Athol.

THIS illustrious branch of the royal family of the Stewarts were lineally de-
scended of Sir John Stewart of Bonkill, son of Alexander Lord High Steward of
Scotland, brother of James Lord High Steward, and great uncle to Knig Robert II.
This Sir John Stewart, in the Fmkra An^^Iice, and in Prynne's History, is designed
frater germamis Jacobi Scnescalli Scotite. He was a gallant brave man, and lost
his life in the service of his country, against the English at the battle of Falkirk,
the 22d of July 129S ( /_). He left issue by Margaret, his wife, daughter of Sir
Alexander de Bonkyll of Bonkill {b), several sons who laid the foundation of several
noble and illustrious families.

Alexander Stewart of Bonkill, the eldest son, was created Earl of Angus by
King Robert 1. upon the exile of the English family of the Umphravilles, who
had been Earls of Angus, anno 1327. This noble family of the Stewarts, Earls of
Angus, ended in a daughter, Margaret, Countess of Angus, daughter and heir of
Thomas Earl of Angus, who made over his estate to George Douglas, her son, by
William, first Earl of Douglas (c), and of whom the present Duke of Douglas is the
lineal heir, and who, upon that account, quarters the coat of Stewart in his Grace's
achievement.

Sir Allan Stewart of Dreghorn, another son, of whom, by writs and docu-
ments, were lineally descended the Stewarts of Darnly, and Earls and Dukes of
Lennox.

Sir James Stewart of Pierston, another of his sons, was the original ancestor
and founder of the illustrious Houses of the Stewarts of Lorn, Innermeth, and
Athol (rf). This Sir James got a charter from King Robert I. of the lands of Piers-
ton and Warwickhill, in baronia de Ciiningham {e). In the deed he is designed
yacobus Senescalli filius quondam Domini yohannis Senescalli, militis. He was slain
with two of his brothers, Allan and John, at the battle of Halidonhill, in the
1333 (/). He left behind him three sons. Sir John Stewart, designed of Pierston,
in a charter in the registers in the 1356 (^).. He had after that a charter from
King Robert II. of the lands and barony of Kelly in Forfarshire, in the 1384 {b').
He left only one daughter, his heir, who married Sir William Douglas, who, up-
on that, comes to be designed Dominus de Pierston (/), whose estate came to his
three heirs-female; Agnes married to John Blair of Adamton, Margaret to Archi-
bald Crawfurd of Thirdpart, and a third to Robert Barclay; who all make over their
respective shares of the barony of Kelly to William Ochterlony, in the 1444 («).
The second son of Sir James Stewart of Pierston was Sir Robert Stewart, hist de-
signed of Shandbothy, and then of Innermeth. He bad a charter of the lands of
Snandbothy from his cousin Thomas de Moravia Dominus de Bothwell (I J. He,
Robertas Senescal de Shandbotb, in the 33d of King David II. gets a charter of the
lands of Dalziel, in the shire of Lanark, then in the crown, by the forfeiture of
Robert de la Wall fhij. The same Robert Senescal Dominus de Shandbolby on the
8th of March, the 38th of King David, gets a charter of the one half of the barony
of Redcastle, in the county of Fo.far, on the resignation of- Sir Andrew Camp-
bell, who was of Loudon (^« J. He comes afterwards to be designed of Innermeth,
and by that title he is witness to a donation by Walter Murray of Tiillibardin in
the 1362, to the abbey of Culross ; and in the Parliament of Robert II. held at
Scone, April 4. 1373, he is designed Robertus Senescallus de Inncrmeath (0). And

(a In this all our histories concur, but more particularly the learned and ingenious Mr David Simpson,
in his history of the Stewarts,, published in the 171 1. (b) Ibidem. (c) Charter m the hands of the
Dulie of Dougl?.s. and printed in the Peerage ; and with this concurs several charters in the custody of
the Lord Torphichen. • d) Mr Simpson's history of the royal and illustrious family of the Stewarts',

(f) Charta in publicis archivis. 1 /) Fordun. (_f ■ In a charter by Johannes Maxwel'Dominus ejusdem.
of the church of Libberton, to the abbacy of Kilwinning. (/6) Charta in regisiro. W) Charta penes
Will. FuUarton, de eodem, ad annum i^ipi. (;f) Penes C. Panmure. {f\ In the charter-chest of Stewart
of Rosyth. Km) In the custody of Dalziel. jv Charter in the public registers of King David II.
'0) Mt Simpson's account of the House of Rosyth, from the writs which he said he had perused.

Vol. IE 6 E

174 APPENDIX.

by the same title and designation he gets a charter of the lands of Durisdccr, on
the resignation of Alexander Menzies of Redhall CpJ. He died in the 1384, and
left behind him two sons, Sir John Stewart of Innermeth and Loin, and" Sir Ro-
bert Stewart, who gets a charter from his brother, John Stewart of Innermeth, of
an annuity of L.20 Sterling, payable out of the barony of Dnrisdeer which is
confirmed under the Great Seal of King Robert II. the 2cth of April, the 15th of
his reign (qj. And after that, the same Robert Stewart of Durisdeer, has a char-
ter of the iands of Durisdeer, on the resignation of John Stewart of Innermeth,
his brother, bearing date April 18. 1388 (rj. This Sir Robert Stewart was the
ancestor of the Stewarts of the family of Rosyth in Fife, and Craigiehall in Lin-
lithgowshire.

Sir John Stewart of Innermeth, son and heir of Sir Robert Stewart of Inner-
meth, succeeded his father, and obtained the great barony of Lorn in Argyle-
shire, by the marriage of Isabel, the daughter and heir of Eiiirene de Ergadia of
Lorn, a great family of the Macdonalds ; upon that he comes to be designed Jo-
hannes Senescallus de Linermeath, Domirius de Lorn, both in tlie Fcedera Anglics, in
the 1407, and in a charter to Malcolm Oliphant of the land of Haslehead in anno
141 2 CsJ. He left issue by Isabel, his wife, aforesaid.

Robert Stewart of Innermeth and Lorn, who was created a baron and baro-
net, and a Lord of Parliament by King James II. by the title of Lord Lorn (tj, of
whom afterwards.

Sir James Stewart, Knight, commonly called the Black Knight of Lorn, the
paternal ancestor of the Earls of Athol fuj.

Alexander, a third son, who had in patrimony the lands of Banchory in Clack-
mananshire, as appears by his charter from his father ; of whom is descended Sir
George Stewart of GrandtuUy, in a lineal course of succession from a connected pro-
gress of writs I have seen C'^J- He had also a daughter. Christian, who was mar-
ried to Sir David Murray of Tullibardin, paternal ancestor to his Grace the Duke
of Athol (^iwj, and had issue.

This Sir James Stewart, the Black Knight of Lorn, as he is usually designed by
the historians, being a gentleman of birth and merit, and withal a handsome
graceful young man, the Qiieen Jane Dowager of James I. daughter of John Duke
of Somerset, son of John of Gaunt Duke of Lancaster, son of Edward III. King
of England, made choice of him, among all the nobility of Scotland, to be her
husband, and sharer in her royal bed : upon this marriage with the Qiieen he
thought he had a good title to get into the administration ; but the ministry, in
the minority of King James II. kept a watchful eye over him and the Qiieen his
wife, that they might not get the young king into their hands, and, under the
shadow of their authority, to rule at his pleasure ; at least they apprehended so.
The Lord Crichton, the Prime Minister, being a wise sagacious prudent man,
having discovered some tampering the queen and her husband had with those to
whom the care of the king's person was intrusted, to decoy him into their power,
upon which Sir James Stewart was committed to prison, from whence he was not
released till the Earl of Huntly bailed him for his good behaviour for a very great
sum of m<-ney in those days.

Sir James Stewart being a high-spirited man, and taking himself to be much
neglected by the ministry, he chose rather to leave the country and go beyond
sea ; accordingly, in the 1448, he obtained a passport to himself and James Stewart
his second son, and some servants in his retinue, to pass through England, or to
come into that realm. In his passage to foreign parts he was taken at sea by some
Elemings, and carried to Flanders, where, not long after, he died, but left issue
by the Qiieen Dowager, his wife, three sons.

Sir John Stewart of Balveny, afterwards honoured by the title of Earl of
Athol.

(^p) Rosyth writs, (y) The oriEsinal charter I have seen in the cu5tody of the Duke of Douglas, also in
Mr Simpson's Collections, (r) The account of the Stewarts of Rosyth, done from the writs of the fami-
ly, bv Mr Simpson, in ray own custody. (,r) The original charter I have seen in the hands of Laurence
Oliphant of Gask. (0 Liber Culross MSS. and Mr Thomas Crawfutd's notes on Buchanan, {u) All
our historians concur in this, (f) Original charter which I have seen in the hands of Sir George Stewart
of GrandtuUy, dated the iph of June 1491. (ui) Writs of the family of Tullibardin, and her armr
impaled on the College of Tullibardin.

APPENDIX, i75

Sir James Stewart of Auchteihouse, thereafter Earl of Buchan, ■who was Great
Chamberlain of Scotland in the rei,a,n of King James III. (c/), of whom the Stewarts
Earls of Buchan, and the Earl of Traqiiair, are lineally descended.

Andrew, the third son, was bred to the church, and taking- holy orders was
made a Prebend and Canon of Glasgow (/;), and Rector of Monkland in the 1456:
After that he was preferred to the Provostry of Lincluden, anno i^jy, and con-
stituted Lord Privy Seal, then void by the death of Bishop TuUoch, anno 1482 (t),
and the same year was preferred to the Episcopal See of Murray, and was conse-
crated according to the ancient form ; here he sat and exercised the duties of his
function till liis death in the 1501 Ql), and was interred in the choir of- the Cathe-
dral Church of Elgin.

Sir JoHM SrcwART of Balvcny, uterine brother to King James II. was in a high
degree of favour with that prince, and, by the king's special countenance, he ob-
tained in marriage the Lady Margaret Douglas, daughter and lieir of Archibald
Duke of Touraine and Earl of Douglas, and widow of William Earl of Douglas,
with whom he got in marriage portion the lands and barony of Balveny, then in
the crown by the forfeiture of Sir John Douglas, brother to the Earl of Douglas,
and soon thereafter was invested in the honour and dignity of Earl of Atliol in the
1457; *°''' '" ^^1^ Frrdera An^liae, there is that year a truce and peace concluded
with England, and he, John Earl of Athol, is one of the conservators for the part
of Scotland. In the 1460 King James his brother gives him a charter, " terra-
" rum dominii de Balveny a dilecto fratri suo Johanni Stuart Comiti Atholie" (f),
and he takes a new investiture of his estate of the earldom of Athol from his ne-
phew King James III. " de toto et integro comitatu Atholie, et terris ejusdem
" comitatus, exceptis terris de Drumquhule et hx-redibus suis masculis de corpore
" suo legitime procreatis seu procreandis, quibus deficientibus nobis et ha;redibus
" nostris reversuris." The charter is dated the 1 8th of March 1480 (/). History
represents this earl to have been a wise prudent man, as well as gallant and brave.
As the king's lieutenant, he was highly instrumental in suppressing the rebellion of
the Earl of Ross, and bringing him to submit to the king's mercy : For this piece
of acceptable service he had a grant of many lands from the crown that had be-
longed to the Earl. And further, to express his success in suppressing that re-
bellion, he got assigned him, or he assumed to himself, that device or motto, that
is to this day borne by his successors, on the achievement of the family, Furth
fortune and fill the fetters. In the fatal disputes betwixt King James 111. and some
of the nobility, the Earl of Athol set himself all that was possible to soften the
king, and to bring the disaffected nobihty to a sense of their duty; and when
things were come to a crisis, that the king, for the security of his person, retired
to the castle of Edinburgh, he could not think of trusting the command of it to
any other but to his uncle the Earl of Athol (j^j, an order being directed to the
Lord Darnly, the former governor, to that effect. In the 1484 he was one of the
conservators of a peace that was then agreed to with the English, in order, as he
had reason to suspect, the better to be in a condition to settle tlie distracted state
of his own country, that was rent in pieces by intestine animosities and broils, .
and which he had all along strenuously studied to compose. It seems very plain,
that though the Earl of Athol did not approve of some steps and measures the king
had taken, in reference to the administration, towards the end of his reign, yet
he did not conceive that those mistakes could dissolve his allegiance, or discharge
him from that duty, as a faithful and loyal subject, he owed to his sovereign: For
when the king thought himself obliged to take the field, for tlie vindication of his
honour, and to support the dignity of the crown, the Earl of Athol, his uncle, re-
paired to his standard, with a great body of men, such as he could easily raise. .
Some of our historians (Jj) say, there were with the king, in all, at the field of
Bannockburn, ten thousand Highlandmen with bows, that they made up the van
ot the army, and that they were commanded by the Earls of Athol and Huntly.

(a) Lives of the Officers of State, (b) Chartulary of the College of Glasgow, (r ) Cliarta in pub-
licis archivis. {d) Ibidem, {e) In the public records of the Great Seal, Book. 6. Charta 97. (/) Also
in the public records, Book 3. Charta I. (^) Our historians, Leslie, Bucnanan. (/) Mr Lindsay of
?itscally in particular.

176 APPENDIX.

The fate of that day every one knows, the unfortunate king was slain, and the
Prince, James IV. came to the throne. 1 do not find that the Earl of Athol, after
this, was concerned in the administration; I have ground to believe, his principles
being quite opposite to those who were in power, and the ministry, he did not
care to mix in their councils or deliberations; and, I fancy, they were well
enough pleased to be quit of so great a man that was capable to have controlled their
actings at that time, and to have set things in another kind of light than they in-
tended they should be seen in, or that the world should have a view of: However,
he now understood, that submission to the new king was as much his duty as it
was to his father, while he was alive, and could not be wrought on to join with
the Earl of Huntly, the Lord Forbes, or the master of Lennox, who all set up in
different quarters of the country, to revenge the late king's death; for the earl
well knew the dismal effects of a civil war in the bowels of the kingdom, and that
It could have no other end but a deluge of blood, rapine, and confusion, especially
seeing there was no usurper on the throne, no prince secluded from his right of
succession to the crown, and the king then in being had the same right to their
allegiance as his father James IIL had while he was alive.

This noble Earl married first, as we have before observed, Lady Margaret Dou-
glas, daughter of Archibald Duke of Touraine, and Earl of Douglas, by whom he
had only two daughters, Jean, who was married to Alexander, third Earl of Huntly,
ancestor to the present Duke of Gordon, and had issue («); and Katharine to John
Lord Forbes, and had issue (6).

He married next Lady Eleanora St Clair, daughter of William Earl of Orkney
and Caithness, who was Lord High Chancellor in Ihe reign of King James IL by
whom he had a numerous issue.

John, his eldest son, the next succeeding Earl of Athol.

Andrew, the second son, who was bred to the church, and in orders, was Pre-
bend of Craig (r); and, on the death of Bishop Brown of Dunkeld, in the 1515,
was postulate bishop of that see, by such of the prebends as were present, and his
title was supported by the Duke of Albany the regent, against Gavin Douglas the
Earl of Angus's brother, who had been preferred by the interest of the Queen Re-
gent. At length the matter was agreed and composed by the prudent mediation
of their friends, on these terms, that Mr Stewart should keep what of the revenues
of the bishoprick he had formerly received, and possess the churches of Alyth and
Cargill, paying to the bishop certain chalders of victual. The Governor of Scot-
land wrote to the Pope to confirm the agreement, wherein he says, that Mr
Stewart, the Earl of Athol's son, was " Regio sanguine ex utroque parente pro-
" creatum ((f). Li the 1518 he was preferred to the Episcopal See of Caithness,
then void by the death of Bishop Stewart, who had been Lord Treasurer (f),
where he sat for the space of twenty-two years, even to his death in the 1542 (J ^
Besides these two sons the Earl of Athol had, of his second marriage, nine daugh-
ters, who brought a great and numerous, as well as an illustrious alHance to the
family.

Elizabeth, who was married to Andrew Lord Gray of Foulis, who was Justice-
General of Scotland in the reign of King James IV. (^), and had issue.

Jean to Sir Robert Gordon of Pitlurg (/>), and had issue.

Catharine to Niel Stewart of Bruicli, but had no issue (/).

Isabel to Alexander Robertson of Struan, elder (/^), and had issue.

to Donald Robertson of Struan, younger, but had no issue.

M.\RjoR.y to Sir Colin Campbell of Glenorchy, ancestor to the Earl of Breadal-
bane (/), and had issue.

(fl) Many authorities concur in tViis. both in the writs of the respective families^ and the Registers-
{b^ Ealfoiu-'s Collections in Bib. Jurid. (c) Life of Gavin Bishop of Dunkeld, and Dr Miln's Lives
of the Bishops of Dunkeld, in Bib. Jurid. {d Crlkction of State Letters of King James IV. in the
Lawyers' Ltbrary, and of i.ite published by Mr Ruddiman, (t>) Lives of the officers of State.

(/. Bishop Spottiswood's List of the Bishops of Caithness. {g\ Writs of the House of Gray, and in
the rei,isters. h Gen. Gordonic. (/) Tiis lady is set down by Sir James Balfour in the number of
the daughters of this Earl o; Athol. I^k > 1 have seen a charter to them in the IJ05, and also in Si'-
James Balfour's List. (/) Genealogy ol the House of Glenorchy, and that of the House of Athol.

3

APPENDIX. r77

Margaret to Sir William Murray of Tullibardin, the ancestor of the present
Duke of Athol («).

Anne to John Earl of Lennox, whose son, Matthew Earl of Lennox, was regent
to his grandson King James VL in his minority: So this way we may observe,
that all those princes that are descended of our King James VL and the first mo-
narch of Great Britain, have the blood of the Stewarts of the House of Athol run-
ning in their veins.

This John Earl of Athol died on the 19th of September 151 2 (Zi), and was in-
terred in the Cathedral Church of Dunkeld, his estate and honour devolving on hrs
son and heir

John, the secot>d of this line, Earl of Athol : He married Mary, daughter of
Colin the first Earl of Argyle, who was Lord Chancellor in the reign of James IV. (r).
by whom he had two sons, John, his heir, and Sir James Stewart, who had no suc-
cession (d); also he had several daughters:

[anet, the eldest, was married first to Alexander, Master of Sutherland, son
and heir-apparent of Adam and Elizabeth Earl and Countess of Sutherland {e},
and had issue; next to Sir Hugh Kennedy of Girvanmains (/), and had issue;
after that to Henry Stewart, the first Lord Methven, brother to the Lord Ochil-
tree, and who had been formerly married to Margaret Queen Dowager of King
James IV. (^) and had issue to him also; and, last of all, she married Patrick Lord
Ruthven (/j), but had no issue.

Helen, the second, was married to John Lord Lindsay of the Byres (/), the
paternal ancestor of the present Earl of Crawford and Lindsay.

Elizabeth, the third, to CoHn Mackenzie of Kintail(;^), predecessor to the
Lords Kintail and Earls of Seaforth, and had issue.

Jean, the fourth, to James Arbuthnot of that Ilk, ancestor of the present Vis--
count of Arbuthnot, and had issue (/).

Isabel, the fifth, to James Herring of Lethendy and Glascuine, in the county of
Perth, and had issue (;;j}.

John, the third of this line of the Earls of Athol. Of this Earl, it is remarked
by the history, that he lived like a sovereign prince, and had his degrees of gen-
tlemen about him: He was famous for his great hospitality, and his magnificent
way of living. In the summer of the year 1529 he had the honour to entertain
King James V. the Queen Dowager, and the pope's nuncio, or resident in Scotland
for the time, at a hunting in Athol, for three or four days, in all the grandeur of
a king, and was served, says the author, in every respect as well and as great as if
he had been in any of his own palaces. The historian, from whom I take this, is
Mr Lindsay of Pitscotty, an ingenuous, plain, honest gentleman, whose history is
not long ago published ; so the account of this grand entertainment I shall give in
his own words.

" The next summer the king past to the Highland to hunt, and took with him
" his mother Margaret Queen of Scotland, and an ambassador of the Pope who
" was in Scotland at the time : The Earl of Athole, hearing of the king's coming,
" made great provision for him, in all things pertaining to a prince ; that he was
" as well served and eased with all things necessary to his estate, as if he had
" been in his own palace at Edinburgh. For I heard say, that this noble earl
" gart make a curious palace to the king, to his mother, and to the ambassador,
" where they were so honourably eased and lodged as they had been in England,
" France, Italy, or Spain, concerning the time and equivalent for their hunting
" and pastime, which was budded in the midst of a fair meadow, a fair palace of
" green timber, wind with great birks, that were green both under and above,
" which was fashioned in four quarters, and in every quarter and nuke thereof a

(a) Writs as well as Balfour's Collections relating to Athol. {/>) Holinshed's History. (<") Exact
Account of the Matches and Alliances of the House of Athol, supported from writs 1 have seen.
(4 Sir John Scott's Memoirs of the Scots Statesmen, MSB. (0 Writs of the House of Sutherland,
and in the registers. (/) Ibidem. (^) Writs in the registers and elsewhere I have seen, (h) Mr Knox's
History. (/) Charter to them in the register in 1526, and other authorities. (i) Ibid- (/) Ibid,
(m) Ibid.

Vol. IL 6 F

178

APPENDIX.

" great round, as it had been a block-house, wliich was lofted and geisted the
" space of three house height ; the floors laid with green sharets, medvvarts, and
" flowers, that no man knew whereon he zeid, but as he had been in a garden.
" Further, there were two great rounds in ilk side of the gate, and a great port-
" cullis of tree, falling down with the manner of a barrace, with a draw-bridge,
" and a great stank of water, of sixteen foot deep and thirty foot of breadth.
«' And also this palace was hung with fine tapestry and arresses of silk, and
" lighted with fine glass-windows in all airths ; that this palace was costly decored
" with all necessaries pertaining to a prince, as it had been in his own royal palace
'' at home. Further, this earl gart make such provision for the king and his
" mother, and the ambassador, that they had all manner of meats, drniks, and
•' delicacies, that were to be gotten at that time in Scotland ; that is to "say, all
" kind of drink, as, ale, beer, wine, both white and claret, Malvasy, Muskadel,
" Hippocras and aquavitae. Further, there was of meats, wheat-bread, main-
" bread, ginge-bread ; with fleshes, beef, mutton, lamb, veil, vennison, goose, grice,
•' capon, coney, cran, swan, partridge, plover, duck, drake, brissel-cock, and
" pawnies, black-cock, and muir-fowl, capercailies : and also the stanks that were
'« round about the palace were full of all delicate fishes, as salmonds, trouts,
" pearches, pikes, eels, and all other kind of delicate fishes that could be gotten
•' in fresh waters ; and all ready for the banquet. Syne were there proper stew-
" ards, cunning baxters, excellent cooks and potingars, with confections and
♦' druggs for their desert ; and the halls and chambers were prepared with costly
•' bedding, vessel, and napry, according for a king ; so that he wanted none of
" his orders more than he had been at home in his own palace. The king re-
«• mained in this wilderness three days and three nights at the hunting, and his
'« company, as I have shown. I heard men say, it cost the Earl of Athole every
" day, in expences, a thousand pounds. The ambassador of the Pope, seeing this
" great banquet and triumph made in a wilderness, where there was no town near
" for twenty miles, thought it a great marvel that such a thing could be in Scot-
" land, considering that it was named The arse of the world by other countries;
" that there should be such honesty and policy, and especially in the High-land,
" where there was but wood and wilderness. But most of all, the ambassador
" marvelled to see, that when the king departed, and all his men took their leave,
'• the Highlandmen set all this fair palace in a fire, that the king and the am-
" bassador might see it. Then the ambassador said to the king, I marvel. Sir,
" that you should thole yon tan- palace to be brunt, that your grace has been so
" well lodged in. Then the king answered the ambassador, and said, It is the
" use of our Highlandmen, though they be never so well lodged, to burn their
" lodgings when they depart {a)."

This noble hospitable earl married first Grizel, daughter and at length sole heir
of Sir John Rattray of that Ilk, {b), a very ancient family in the county of Perth,
by whom he had only one son, his heir, John, Master of Athol, and six daugh-
ters,

Margaret, the eldest, who was married to John Grant of Freuchie, the Laird
of Grant (<:), and had issue.

Jean, the second, to John Otterburn of Reidhall, son and heir of Sir Adam
Otterburn of Reidhall, who was Lord Advocate to King James V. {d), and
had issue. The lineal heir of this family is Alexander Hamilton of Innerwick^
Esq.

the third, to the Laird of Balfour {>').

the fourth, to Wood of Balbigno, in the county of Forfar (/).

Elizabeth, the fifth, was married to Wilham Stewart, at that time son and heir-
apparent of Thomas Stewart of Grandtully {g), and had issue.

(a) History Pitscotty, page 147. {h) Charta in poblicis archWis. (f) Charta penes Grant, I have
5een, in 1555, and likewise from the Registers of Parliamem in 1565. (</) Writs to this gentleman,
in the Registers of the Piivy Seal, and his lady, wherein she is designed sister-german to the Earl of
Athol. (f) Balfour's Collections, title Athol! (/) Balfour's Collections, title Athol. (j) Charta
155:.

APPENDIX. i-j^

Barbara, the sixth and youngest daughter, was married to Robert Menzics, at
that time ove and apparent heir of James Menzies of that Ilk, and of Weem {a),
and had issue.

He married to his second wife, Janet, daughter of John Lord Forbes (b), but by
her he had no issue ; and dying much about the same time with James V. in the
end of the 1542, was succeeded by his only son and heir,

joHM, the fourth earl of this Ime of the House of Athol, who was young at his
father's death : There is nothing to be met with in history, or any other voucher
that I have had access to see, during the progress of the reformation of religion,
relating to him, for, being strongly attached to the old religion, he opposed the
new settlement all he could; for when the system of the reformed doctrine was to
be ratified, and to receive the sanction of a law in the Parliament 1560, this earl,
with the Lords Borthwick and Somerville, were the only three peers who dissented
from it ; they, in the argument, said they would believe as their fathers had dune
before them (c).

The Earl of Athol being a zealous Roman Catholtc, it is like enough was
none of the least motives that induced the queen, in the 1561, to call him to her
Privy Council, where he served her majesty with all obsequioubuess and possible
zeal : He for^vaided all he could the marriage betwixt her and the Lord Darnly,
and perhaps not the less that that young lord had been papist, professed that reli-
gion, and was his near kinsman and namesake too.

About this time her majesty, the more to oblige the Earl of Athol, and to tie
him to her interest, was pleased to give him a commission of justiciary in the
northern part, that he might be able more to curb and to overawe his powerful
neighbours, whose loyalty the queen had at that time begun to suspect (rf}. His
lordship was, among other of the favourites, present at the baptism of the prince
King James VI. after the popish manner, yet was never questioned for it as
others were : The reason seems to be, that he was not of the protestant com-
munion, else, considering the zeal of the times, he could scarce have escaped the
censures of the church for it.

Shortly after this, his friend King Henry being barbarously murdered by the
Earl of Bothvvell and his accomplices, that impious fact the Earl of Athol laid ex-
ceedingly to heart ; and though he was and still continued a zealous Roman Ca-
tholic, yet was among the most forward and leading of all the nobility, who
started his suspicion, that the Earl of Bothwell, who had so villanously murdered
the father, might practise the same impiety upon the prince the son ; and thereupon
moved, in a convention of the nobility, that an association might be entered into for
the preservation of the young prince, and the bringing the regicides to speedy justice.
But, that point being carried, he would go no farther length with the associators ;
for Sir James Melville says. That the Earl of Athol still bore a great love to the
queen, and had compassion on her estate, and entered into the enterprize of the
association only for the safety of the prince, and the punishment of the king's
murder. But after that the queen was induced to resign the crown, as weary of
the pains and travail of government ; and desiring that in her lifetime her son
might be placed in the kingdom, as was given out, the Earl so far concurred in
the new settlement, that, with many others of the nobility, he entered into a
bond of association, wherein they promise and bind themselves to assist their king,
in setting him on the throne, and putting the crown on his head, and that they
shall give their oaths of homage and dutiful obedience to him as becomes true
subjects, and shall concur in establishing him in his kingdom, and resist all such
as should oppose it (^). Besides this bond, the Elarl of Athol entered into a
second bond in April 1569, wherein his lordship and the rest of the subscribers
did not only acknowledge the young prince's authority, but likewise the authority
of the Earl of Murray as regent.

(a) Cbarta in registro Roberto Meinzies apparent! heredi et nepoti Jacob! Meiiizies de Eodem, et
Earbarte Staart <ponsre suae sorori germaiiae Joannis comitis Atholas, ad annum 1556. (i) Charta in
publicis archivis. (c) Archbishop Spottiswood's History of the Church of Scotland, {d) Records of
Parliament I ;66. (f) Original bond in the Library of the College of Glasgow, and published by Sir
James Dalrymple.

,8o APPENDIX.

But though the Earl ofAthol went as far as any man in securing the prince,
and setthng him on the throne, yet he could never be induced by the party to go
oil in their courses in defaming the queen, a thing he infinitely abhorred, as dis-
honourable to the nation ; for, being a wise man, and clearly foreseeing a storm a-
gathering, he resolved betimes to shelter himself in a voluntary retreat, and there-
upon withdrew to his seat in the country, where he lived in great splendour ; by
which he enjoyed the greatest tranquillity of any great man in the kingdom,
throughout the whole boisterous times that ensued, till the king's acceptation of
the government in his own person in the 1577, at which time his majesty having,
with advice of the nobility and estates, named a new Privy Council, his Lordship
was called to the board, and being a nobleman of most accomplished parts, and
much valued and esteemed by the party who guided the Court, he was consti-
tuted Lord High Chancellor. His acceptance of this great office is thus entered
in the council records. " Stirling, 29th March 1577. The which day, John Earl
" of Athole being nominate and elected Cliancellor of the Realm, gaiff his aith, in
" presence of the King's Majesty and Lords of Secret Council, for due and lawful
" using the same as appertains, as he would answer to God and his Highness, upon
" his charge and peril." But before he had enjoyed the office above one year,
being called to Stirling to settle some quarrels among the friends of the family of
Marr, anent the custody of the young king, and the government of Stirling castle,
which the king had resolved to have removed without any noise ; and matters
being seemingly adjusted, the old Countess of Marr, or the Earl of Morton in her
name, invited the Chancellor to an entertainment; while they were drinking
hard, some body or other conveyed a deadly poison into the Chancellor's glass, of
which he died four days after, 24th April 1579 • Some blamed the old Countess of
Marr for it ; others suspected the Earl of Morton at the bottom of it. So much is
certain, his friends thought he had got foul play, that they sent for surgeons to
Edinburgh, to open the body ; and though they declared upon oath that they
found no mark of poison, or of any violence done to the deceased, yet the
Countess of Athol and the Earl her son entered a protest, that the trial of the
coimcil should not prejudge the criminal process, which they intended before the
Justice-General. He was on the 4th July thereafter interred in the south aisle of
St Giles's church at Edinburgh, where there is a monument erected over his
grave ; on the head of the tomb there is placed a pelican vulnerate feeding her
young with her blood, the emblem of affection of parents to children, and is used
as a device here, to show the love and affection this noble lord ever carried to-
wards his country ; " Ostendens," says my author, " ilium fuisse paratum pro
" civium salute sanguinem suum profundere (a)."

The Earl of Athol, the Chancellor, married first Elizabeth, daughter of George
Earl of Huntly, by whom he had two daughters,

Elizabeth, who was married to Hugh Lord Eraser of Lovat, next to Robert
Earl of Lennox and March, and last to James Stewart Earl of Arran.

Margaret, to George Lord Abernethy of Salton.

He married to his second wife, Margaret, daughter of Malcolm Lord Fleming,
Lord High Chamberlain, ancestor to the Earl of Wigton, by whom he had John
his heir and successor, and three daughters.

Grissel, the eldest who was married to David Earl of Crawford, and had
issue.

Je.\n, the second, to Sir Duncan Campbell of Glenorchy, ancestor to the Earl of
Breadalbane, and had issue.

Anne, the third daughter, to Francis Earl of Errol, but had no surviving issue.

To John Earl of Athol, the Lord Chancellor, succeeded his son and heir John
the fifth and last of the Earls of Athol of that race : He married Mary Ruthven,
eldest daughter of William Earl of Gowrie, who was Lord Treasurer in the reign
of King James VL (b), by Dame Dorothea Stewart his wife, daughter of Henry
Lord Methven ; he had two sons, who both died in their infancy (c), and four
daughters, who were his heirs.

(a) Johnstoni historia rerum Scoticarum. {t) Lives of Officers of State, (c) Sir James Balfour
lemai-ks this, and he lived near the time.

APPENDIX. lai

Lady Dorothea, the eldest, who was married to WiUiani the second Earl of
TuUibaidin, and had issue.

Lady Ma.ry, the second, to James Earl of Athol and Lord Innermeth, but had
no succession.

Lady Jean, the third daughter, was married to Henry Stewart Lord St Cohn.
second son of James the lirsc Lord Stewart of Doune, and brother to the second
Earl of Murray of that line, and had issue (d), and again to Mr Nicol Ballenden (^),
but had no issue.

Lady Anke, the fourth and youngest daughter, was maiTied to Andrew, Master of
Ochiltree, son and heir apparent of Andrew Lord Stewart of Ochiltree, and who was
himself afterwards created Lord Castleslewart in Ireland, by King James VI.
the 9th of November 1619 (/), and left a daughter his heir, Mary, who was mar-
ried to Henry Earl of Surtblk of the kingdom of England (^), and had issue
Henry his son and heir, created Earl of Bindon and baron of Chesterford the fifth
of (^leen Anne.

This John, the fifth and last of that race of the Earls of Athol, died but a young
man in his lodgings in the town of Perth the 28th day of August of the year
1594 (^h), and the honour came to be at the disposal of the kmg. His majesty
Kmg James indeed did not let the title of Earl of Athol lie any time dormant ;
for, in less than a year after the last earl's demise, he was graciously pleased to
revive it again in the person of John Lord Innermeth, upon a recital that the
earldom of Athol had fallen back to the crown, by the death of John Earl of Athol,
without heirs-male ; and being unwilhng that the honour should extinguish, and
well knowing that John Lord Innermeth was a Stewart of the same blood and
kindred with the former Earls of Athol, therefore he makes and creates him Earl
of Athol, " et heredibus mascuHs de corpore suo legitime procreatis sen procreandis
" quibus deticientibus nobis nostrisque successoribus libere revertend. (')." The
charter or patent bears date the 6th of March 1595. ^Ve see the king had said in
the patent, that he knew well that the Lords of Innermeth were of the same sur-
name and blood of the Stewarts with the House of Athol, and we shall show it
plainly here, by connecting this new earl with the House of Lorn ; of which
family we made it evident, that Sir James Stewart, the Black Knight of Lorn, and
the ancestor of the five late Earls of Athol, was son to Sir John Stewart of Inner-
meth and Lord of Lorn ; that he had an elder brother, Robert Stewart of Lorn,
who is designed simply Robertus Stuart de Lorn (k), and is thereafter invested in
the honour of Lord Lorn, by King James I. and created a baron and lord of Par-
liament (I). John Lord Lorn was his eldest son, who resigns his estate in the
hands of King James II. and obtains from him a new charter, bearing date the 20th
of June 1452, " dilecto consanguineo suo Joanni domino Lorn, de toto et integro
" dominio de Lorn, £tc. Et heredibus suis masculis, de corpore suo legitime
" procreatis seu procreandis, quibus forte deficientibus ^Valter Stuart fratri suo
" germano ;" which failing, to John, Allan, and James, all his brothers ; all which
failing, to several other collateral heirs-male nominatim, and to the heirs-male of
their bodies respective fmj. This Lord Lorn died without issue-male, and left
three daughters, Isabel, who was married to Colin the first Earl of Argyle, Mar-
garet to Sir Colin Campbell of Glenorchy, and Mariota, the third, to Arthur
Campbell of Ottar, who were both sons of Sir Duncan Campbell of Lochow :
By a subsequent agreement betwixt the heirs of line and Walter Lord Lorn
the heir-male, he resigns to the Earl of Argyle his dominium de Lorn, and in
lieu of that he gets the barony of Innermeth («), and changes his title of Lord
Lorn to Lord Innermeth ; for there is a charter in the roUs, whereby he is so
designed : IValterus Dominus Innermeath resigns the barony of Lorn in favour of

(d) All this is instructed from unquestionable vouchers out of the registers, (f) Charta in reglstro
1617. (/) All this is instructed and vouched from writs in the registers relating to the year 1615 and
1617, and Camden's Annals, who marks the day that he was created Lord Castlestewart. (y) Peerage
of England, title Suffolk, p. 192. («) Charta in registro. (/) In the registers of the Privy Seal in the
high Parliament-house, book 6. charta 130. (f) In the black acts of Parliament, fol. 23. (/) There
is a ciiarter by King James II. to John Cathcart of the lands of Bartonholm, the 5th of September 1439,
in which Robertus Dominus Lorn, simply so designed, is a witness. (/«) This charter is recorded in the
4th Book of Charters in the registers of the Great Seal, charta ] 76. (n) This is instructed and vouched
by a charter under the Great Seal in the archives, to Colin Earl of Argyle, of the lands of Kippen, on
the resignation of Walter Lord Lorn, the 20th April 1466.

Vol. n. 6 G

jb. APPENDIX.

Colin Earl of Argyle, the 27th of April 1470 Co J. This Walter Lord Innermetli.
brother and heir-male of John Lord Lorn, married Margaret, daughter of John
Lord Lindsay of the Byres, ancestor to the Earl of Crawford fpj, and had Thoma'.
Lord Inneriiieth, his son and heir, who was slain at the battle of Flodden f/jj,
leaving issue by Dame Janet Keith his wife, daughter of William Earl Marischal
CrJ, widow of John, Master of Rothes, Richard his son and heir, and a daughter,
Marion, who was married to Patrick Ogilvie of Inchmartin, paternal ancestor to
the present Earl of Findlater fsj.

Richard Lord Inncrmeth, his son, married Margaret, daughter of John Lord
Lindsay of the Byres ft J, and he dying in the 1528 fuj, was succeeded by

John Lord Innermeth, his son, who married Elizabeth Bethune, daughter of Sir
John Bethune of Creigh ; she had been one of King James V.'s mistresses, and had
born him a daughter, Lady Jean, who was Countess of Argyle (^■yj ; by her he had
James his eldest son and successor.

John Stewart of Lethers.

Alexander.

This James, the next Lord Innermeth, married fii-st Helen, daughter to the
Lord Gray, and again Jean Ogilvie, daughter of James Lord Ogilvie, and had
John his successor, and three daughters ; Margaret, who was married to Sir Wil-
liam Ruthven of Bandon, and was grandmother of that renowned, brave, military
man, Patrick Ruthven Earl of Forth and Brentford in England, who served in the
quality of Lieutenant-General under Gustavus Adolphus King of Sweden, and in
the same quality under his majesty King Charles I. in the civil war in England;
Janet to Alexander Cumin of Coulter fwj; and Grizel to Sir Thomas Gordon of
Clunie fxj.

John Lord Innermeth married Margaret, daughter of Sir David Lindsay, who
was Earl of Crawford, sister to Sir David Lindsay of Edziell, and to Mr John
Lindsay of Balcarras, Secretary of State to King James VI. and was, upon the
death of John the fifth Earl of Athol, created Earl of Athol, as has been ob-
served formerly in these memoirs the 6th of March 1595 ; by this lady he had issue
James his heir and successor, and a daughter, Margaret, who was married to Sir
James Stewart of Belliechan fjj' ^i^d again to Sir Robert Crichton of Clunie (z),
and had issue. Tliis John Lord Innermeth and Earl of Athol married to his se-
cond wife Dame Mary Ruthven, daughter of William Earl of Gowrie, widow and
relict of John the fifth and last Earl of Athol, by whom he had no issue {a), and
dying on the 5th of April 1615 {h), was succeeded by

James Earl of Athol, and Lord Innermeth his son, who married Mary, second
daughter of John the fifth Earl of Athol, but dying without issue about the 1625,
the honour of Earl of Athol became a second time extinct ; but was quickly again
revived by King Charles I. in favour of John Earl of Tullib<irdin, son and heir
of Dorothea Countess of TuUibardin, eldest daughter and heir of line of John the
tifth Earl of Athol, by letters patent dated at Whitehall the 17th of February
1629 (f.)

Having thus run through in a cursory manner all the different families, and all
the illustrious persons that have at different times enjoyed the dignity of Earl of
Athol, it will be but just and equitable that we give as full an account of the
most noble family of the Murrays, who now possess the honour under the title of
Duke of Athol, as we have done of the others, both with respect to their high an-
tiquities, their dignities and honours, their noble and illustrious descent and al-
liances ; which we shall proceed to do with as great brevity as is consistent with a
memorial of this kind.

ro) In the registers of the Great Seal, book 8. chart. 289. (/») Charta in publicis archivis ad annum 1 48 1 .
[(/) From writs I have seen and perused, (r) Charta in regist. ad annum 1505. (/) Officers of State, title
Cliancellors and Findlater. (/) Account of the House of Innermeth and the records. (») Gift of the
ward of Richard Lord Innermeth, and the marriage of John Lord Innermeth, to the Laird of Lundie,
in the registers. (_v) Registers of Parliament, {w) Charta in publicis archivis ad annum 1587. (.r) Ge-
nealogy of the Gordons, MSS. (j) Ibidem, ad annum 15S9. Ca) The instruction of this is in the Ap-
pendix to Mr Nisbet's Heraldry. («) Balfour's Collections in Bibl. Jutid. (h) Ibidem, (^c) Register
nf the Great Seal, book 22. numb. i8S.

2

APPENDIX. 185

MURRAY Earls, Marqiusses, and Duk.es of ATHOL.

All antiquaries are agreed that the common ancestor of this most noble and far
spread family of the Murray s derive themselves from one Friskintis, a gentleman
of note and figure in the reign of King David I. who came to the throne on the
demise of his brother King Alexander 1. anno 1122. Nobody can pretend, with
any kind of certainty, to trace his origin or to show his descent ; but if 1 may be
allowed, at this distance, to offer my own conjecture, and 1 deliver it as no other,
I apprehend that he was, or might be, one of those Saxon nobles, who, with Cos-
patnck and Arkil, the true and genuine ancestors of the great families of the Earls
of Dunbar and Lennox, fled to Scotland, upon the conquest of England, or a little
after it, and were graciously received by our kings, and rewarded, suitably to their
birth and merit, with lands and territories, and from whence they, or their im-
mediate successors, assumed surnames: However, so much is most certain, that
this Friskiiuis, from an authentic voucher of no less authority than a charter un-
der the Great Seal of King William the Lion, held of the crown in the time of
King David his grandfather, the lands of Strabork in Linlithgowshire, the lands
of Duffus, Rosslle, S^c. in the shire of Murray (fl). He had two sons, as plain as
a demonstration, William and Hugo, wlw are both designed patronymically IVilliel-
mus fiUus Fiiskini, and Huso filius Friskini (Jb), who is certainly the ancestor of the
family of Sutherland, as is plainly vouched from the chartulary of the Episcopal
See of Murray in the Lawyers' Library; for both the surname of Murray, the de-
scendants of William the son of Friskin, and the family of Sutherland, the de-
scendants of Hugh the son of Friskin, carry one and the same coat of arms, three
stars; the difference in the tincture makes no alteration, but is only the invention
of latter times among heralds, to distinguish one family from another who carry
the same figures in their achievement and coat, not to be well distinguished but
by difterencing the colour of the field. William, the son of Friskin, designed only
by the christian name of his father, I ViUielmus filius Friskini, gets from King Wil-
liam a charter of the lands of Strabork, Duftus, Rossile, Inchikel, Macher and
Kintrai, " quas terras pater suus Friskin tenuit tempore regis David avi mei," says
the king. The charter has no precise date, but it must be betwixt the year 1168
and the 1171; for Felix Bishop of Murray is witness to the king's deed; in the
1 168 he was promoted to the Episcopal See of Murray, and died in the office anno
1171(c).

This gentleman, William, the son of Friskin, Willielmus filius Friskini, as he de-
signs himself, seems to have been a very corisiderable man in the court of King Mal-
colm IV. He is witness to the charter of that king to Banvald. Flandrense of the
lands of Innes, and is witness to the chai'ter granted by King William of the lands
of Burgin to the abbey of Kinloss.

WiLLi.wi, the third of the line, his son, is the first that assumes the surname
de Moravia, for he is designed IMllielmus de Moravia filius IVillielmi filii Friskini,
in a deed, whereby he gives in pure and perpetual alms, " Deo et ecclesia; sancttt
" trinitatis de Spiny et collegio canonicorom ibidem Deo servientium ecclesiam
" de Artendol cum pertinentiis suis coram Hugone fratre meo." The reason, I
apprehend, why this William, the son of William the son of Friskin, assumed the
surname de Moravia from the country of Murray, was, because he had a great
estate and vast possessions, and had his residence at Duffus there. Hu^o (tf Mo-
ravia was his eldest son; for, in the chartulary of the See of Murray there is an
agreement betwixt Archibald Bishop of Murray and Walter de Moravia filius
quondam dominl Hugonis de Moravia, of a part of the wood and muir of Spynie,
which his father had from Brunus Bishop of Murray, " qui ducit ad castellam de
" Duffus," in the 1226. This IValter de Moravia, and Dominus de Duffus, had for

(a) The original charter I have seen, and copied it from the original in the custody of Dame Katharine
Stewart Lady Cardross, who was proprietor of the lands of Strabork, as is also her son, the present Earl
of Buchan, who has still the charter in his charter-chest. (J?) As from a voucher in the chartulary of
Murray by Robert Bishop of St Andrews, (c) Chron. de Melrose.

i8.| APPENDIX.

certain Friskin de MonrSia Dominus de Diiffus, his son, wiio is so designed in cm
agreement about the bounding of lands with the Bishop of Murray in the 1248 («);
he had no male issue, and his estate both in tlie south and in the west came to his
two daughters, who -.vere co-heirs, Helen, who was married to Sir Reginald If
Chien, and Christian, to I'Villiam de Feddetetb {!>). This Sir Friskin de Moravia
is witness, together with Sir Malcolm de Moravia, in a charter I have seen (r),
granted by Malise Earl of Strathern to Annabella his sifter, of the lands of Kin-
cardine, which is confirmed by King Alexander II. at Selkirk, the 28th of June,
the 22d year of the king's reign, that is the year of our Lord 1233. This Sir
Malcolm Murray is by some thought to be brother to this Sir Friskin Murray of
Duffus, witnessing the Earl of Strathern's charter with him. Others again think
he was uncle to this Sir Friskin, son to Sir IVilliam de Moravia oi Duifus; how-
ever this be, he is very early branched from the stem, and is uncontrovertibly the
original ancestor of the most noble and illustrious family of the Murrays of Tulli-
bardin. He has for certain had a considerable estate in the county of Perth ; for
ill I he 36th of Alexander III. he, dominus Malcohnus de Moravia, miles, vicecomes
de Perth, is witness to a charter granted by Malesius comes de Strathern, domino
Malcolmo de Logie fdio quondam domini Malesii senescalli de Strathern de terris de
Catintulloch ; to the charter Alexander comes de Buchan justiciarius Scotia is a wit-
ness {d). By an account of the family I have seen, drawn up in the year i6oo,
and to give it the greater authority, it makes mention of some charters and writs
of the family that 1 found exactly corresponding when I had the honour to peruse
the Duke of Athol's writs of the family of Tullibardin in the 1711; I say this
draught of the family mentions that Sir Malcolm de Moravia, the certain and un-
ijontroverted ancestor of the House of Tullibardin, got the lands of Gask and
others in the county of Perth, by the marriage of the daughter and heirof.S»-
Gilbert de Gask. I have seen myself this gentleman mentioned in ancient writs, in
the charter-chest of the family of Abercairny, and that Sir Gilbert had a sister
called Issenda, who was Countess of Strathern; so much however is most certain,
that Gask was very anciently in possession of the family of Tullibardin, and some-
times they used that title. Sir David Murray, one of the ancestors of the Duke of
Athol, is designed David de Moravia de Cask, in a charter by Euphemia Comitissa
de Strathern, to Luke Stirling, one of the ancestors of the family of Keir of the
lands of Rattcrn, in the 141 1 {e), and he is designed by the title of Gask, by our
learned historian Dr John Major, as one of those illustrious persons who were
knighted by King James I. for the greater splendour of his coronation at Perth,
anno 1424. As we are certain, from undoubted vouchers, that Sir Malcolm Mur-
ray had an estate in Perthshire, in the reign of King Alexander II. that he exe-
cuted the office of High-sheriff there in the reign of King Alexander III. so we
are as sure from unquestionable records, charters in the family, that he gave to
Sir IVilliam de Moravia, his son, WHUelmo de Moravia fdio suo terras de Lama-
hude, by a charter which is in the hands of his Grace the Duke of Athol (/), An-
dreas Episcopus Moravia, Willielmus de Hayia de Locherward ^5* Michael de Weems,
militibus, being witnesses thereto. The charter is without date, as is very usual in
the more ancient deeds, but it must be before the 1244 that, from the Chronicle of
Melrose, this prelate, Andrew Bishop of Murray, died.

This same noble and illustrious person, Willielmus de Moravia, miles, filius
quondam domini Malcolmi de Moravia, militis, got and obtained the lands and
estataof Tullibardin, in the county of Perth, by the marriage of Adda, daughter of
Maine Senescal de Strathern, by Mauriele, his wife, daughter and heir of Congal
Jilius Duncani, Jilii Malcolmi. There is, in the custody of his Grace the Duke of
Athol, a charter of King Alexander II. under the Great Seal, ratifying and con-
lirming a former deed and grant by Robertas comes de Strathern, Congal Jilio Dun-
cani, filio Malcolmi de illis terris in villa de Chacherlanuch qua dicitur Tullibardin,
and bears date the 3d of April, the 20th year of the king's reign, that is the year

i^a) Chartulary of Murray. (A) Ibidem. (f) In the hands of the Duke of Montrose. (</) Sir
James Balfour's, Lord Lyon's Collections in Bibl. Jurid. (f) The original charter I have seen in the
Kands of the Laird of Keir. (/^ In the charter-chest of the family, which I have seen.

APPENDIX. rS^.

1231, to which deed Bishop Bondington of Glasgow, the Chancellor, is a witness.
Sir William got also a ratilication ot' the charter of the lands and estate of Tiilli-
bardin from his lady's brother, Henricus filius quondam domini Mnlesii Scnescalli de
St-.itheni, whereby he confirms for him and his heirs, " illam donationem quam
" domina IVIauriela mater mea filia Congal dedit et concessit domino Willielmo do
" Moravia, filio domini Malcolmi de Moravia, et Add;e fdiK dicta; domins Mauriehe,
" sororis mea: de TuUibardin, secundum tenorem chartas quam dictus dominus
" Willielmus, et Adda soror mea habent de predicta Mauriela matre mea. Apud
" Duftaly die Martis in Vigilia omnium sanctorum, anno Domini millesimo du-
" centesimo octogesimo quarto (/;).

Upon the death of Queen Margaret, the grandchild and heir of ^ing Alexan-
der UL anno 1 290, when the competition arose about the right of succession to the
crown betwixt John Baliol and Robert Bruce, the decision and determination
whereof was, by both parties, referred to King Edward I. of England. The whole
country, as usual upon such occasions, and in the like cases, sided and attached
themselves to the different rivals; Sir William Murray of TuUibardin, or Tholy-
bardin, as the record my voucher calls him {b), took part with John Baliol, and, be-
ing a person of character and figure, was one of those barons that went to Berwick,
the place of meeting, for giving decision in the point for supporting his claim,,
and where he gave his oath of feiilty and subjection to King Edward, as direct and
superior lord of Scotland (i); but in this Sir William Murray was not alone, for
even the competitors themselves, the very guardians of Scotland, and indeed all-
the Scotsmen about him, did the like. The King of England's decision, in favours
of John Baliol, could not but be very agreeable to Sir William Murray, who had
so strenuously asserted his preferable right and title, and submitted to him as king,
when the crown of Scotland was adjudged to belong to him, on the 19th November
1292 {d). Two years after this, anno 1294, a war breaking out between England
and France, King Edward thinking himself assured of all the assistance the king
and kingdom of Scotland could give him, at least he flattered himself so far as to
think they would not at once disobey his commands, and baulk his intreaty, for
he made use of both, and on the 29th of June of the year 1294, aforesaid, he sent
firom Portsmouth no less than fifteen distinct letters to King John himself, and to
others of the first rank and quality in Scotland, and among others to Sir William
Murray of TuUibardin (, ) ; all of whom he required, upon their allegiance, and in-
treated as his friends, to come in person, if they possibly could, to London,
with their men, horses, and arms, and to be ready on the first day of September
next to go over with him to France, in order to assist him in the recovering of his
province of Gascony. But by this time the Scots nation were grown weary of their
superior King Edward, and did not hke the encroachments he had, by fraud, force,
and violence, made upon their constitution and independency ; so that his sum-
monses, by this time, were but little regarded, for they did not think themselves
bound to keep oaths violently extorted from them by so eminent an invader of their
hberties and independency. What became of Sir William Murray of TuUibardin
after this, or what part he acted in the calamitous war that soon after this ensued,
for want of vouchers to direct me, I cannot tell, and at this distance I will not
offer any conjecture. I observe, from Mr Rymer's Fadeiri, and Prynne's Collec-
tions, there were really more gentlemen of the surname of Murray, even at that
time, with territorial designations, than of any other family whatsoever; for there
is this Sir William Murray of TuUibardin, Sir William Murray of Drumsargard,
and Sir Andrew INIurray of Bothwell, who I look upon to be all near relations to
one another, and of the same blood and kindred, though, for want of proper re-
cords, the particular relation cannot be condescended on, or instructed. By Dame
Adda, his wife aforesaid, Sir William Murray had a son,

Andrew, his son and heir, who gave in pure and perpetual alms to the monks
of Inchaffry, usually designed Insula Missarum, a certain annuity out of a part of

(a) Penes ducem de Athole. (4) Rymer :ind Prynne. (c) Rymer. (</) Ibidem. (_e) Rymer'.';
Foedera Angliae ad annum 1 294.

Vol. II. 6 H

iS6 APPENDIX.

his lands of Tullibardin, which had been formerly in dispute betwixt him and the
abbot and convent ; and this he expiesses for the health of his soul, St-c. This
movtiticution bears date the i6th of December, Saint Beaun's day, of the year
i^:?! (a). This gentleman, upon the incoming of Edward Baliol in the 1332,
vvah one of those who had got into the notion that he still had a better and nearer
title to the crown than the Bruce family in proximity of blood, and for that rea-
son he did not oppose him, but rather seemed to favour the attempt he was
making to recover his crown : He did not indeed join his army, but he caused, or
suUered, some of his dependants to fix a stake in the river of Ern, where it was most
fordable ; which, it seems, was the signal that had been concerted on to let the
enemy marcl^ over in order to attack the Scots that lay encamped at Duplin; the.
stratagem had all the success that could be desired, the Scots army were secure,
not dreaming any enemy was near them, and were very disadvantageously attack-
ed before they could scarce get to their arms, and a very bloody battle ensued, iu
which Edward Baliol, pretender to the crown, had the better, and upon that was
crowned at Scone ; but the very next year, things taking a more favourable tura
for King David, and the Scots, after a long siege, having made themselves masters,
of the town of Perth, many prisoners were taken, and among others this gentle-
man, who, being indicted, tried, and condemned, for high treason, suffered accord-
ingly. I am very far out in my conjecture if this gentleman's death was not re-
venged very severely by the English ; for, without any visible cause. Sir John
Graham the Earl of Monteith, who was taken prisoner at the battle of Durham,
was executed at Westminster as a traitor to the crown of England, because in the
crowd of other Scotsmen he had sworn fealty to King Edward of England. I
have a long while thought this eavl's death was a kind of reprisal for the death of
Sir Andrew Murray of Tullibardin, who lost his life in supporting the interest of a
pretender, which the crown of England had exerted its full strength to have esta-
blished on the throne. He left a son. Sir William Murray of Tullibardin, who,
alter the death of his father, had a charter from Mahse, then Earl of Strathern^
his superior, of his estate of Tulhbardin, on the resignation of Adda de Moravia
avia dicti IViIliehni. In this deed Sir IVilliam de Montijixo justiciarius Scotia ex
parte boreali aqux de forth, is a witness, who executed that office in the 1335,
&c. (Z.).

This William was succeeded by John de Moravia de Tullibardin, who had a
grant from Sir Alexander de Abernethy, miles, de terris de Pekerling in Baronia de
Banhrich, in vicecomitatu de Fife. He was succeeded by

Walterus de Moravia de Tullibardin, who, in the 1358, upon Robert the
Great Steward of Scotland's coming to be Comes de Strathern, he grants a charter
IValtero de Moravia de terris de Tullibardin IS Concusse : and King David, in the
53d year of his reign, by a charter uixier the Great Seal, ratifies and confirms
" Chartam quas dilectus nepos noster Robertus Comes de Strjthern, senescallus
" Scotite fecit et concessit Waltero de Moravia de TuUibardine, de terris de Tulli-
" bardine et Concusse, ac etiam chartam quam quondam Alexander Abernethy,
" miles, fecit Joanni de Moravia de Tullibarduie, de terris de Pekerling in baronia
" de Banbrich in vicecomitatu de Fife." This charter is in the registers of the
Great Seal, anno 1362. This same Walterus de Moravia de TuUibardine gave to
the monastery of St Servan of Culross, " et monachis ibidem, deo servientibus,
" totas terras suas de Aldton, pro salute anirai sui et Maigaretae sponsse sua, paren-
" turn, progenitorum, et successorum, suorum. Testibus, Walterus episcopus Dun-
" blanen. Johannes abbas de Dunfermling, dominus Thomas Bisset dominus de
" Fife, Robertus de Erskine dominus ejusdem, Andreas de Valoniis, militibus,
" Allanus de Erskine, Robertus senescallus de Innermeath, Michael de BaLtbur,
" Robertus Hakyth et multis allis." This charter, though it wants a date, yet the
time may be easily fixed, since Thomas Bisset is a witness, who had married the
Lady Isabel, the daughter and heir of Duncan Earl of Fife, and, upon that, came
t.o be designed Dominus de Fife, for we know exactly when the marriage happened,

(a) Chartulary of Inchaffiy, I had the use of from Mr Maurice Murray, brother to Abercairny.
(b) This charier I had the honour to peruse in the charter-chest of the family of Athol.

APPENDIX. 187

£rom a charter under the Great Seal of King EKivid, confirming a marriage-settle-
ment, inter Dominum 'L'homum Bisset iH habellam de Fife dominuni ejusdem, dated the
loth January 1362 («), and another in the 8th of June the same year, 1362. After
the marriage took place, there is a charter under the Great Seal, " Domino Thomse
" Bisset, de toto et integro comitatu de Fife, et ha^redibus suis masculis inter ipsum
" et Isabellam de Fife legitime procreandis;" so that the precise date of this charter
of mortification is in the year 1362; it is afterwards confirmed to the abbot and
convent of Culross by king Robert III. at Dunfermline, the 20th March, the first
year of his reign, anno 1390 {b). From the writs of the family it appears, that
this Walter Murray of Tullibardin was married to Margaret le Baird, as she is de-
signed, who was of the ancient family of the Bairds of Camnethan, in the county
of Lanark, where they had long continued in lustre. By this lady he had a son,
his heir and successor.

Sir David Murray, designed first of Gask, and then of Tullibardin, as we have
observed in these memoirs. He is designed David de Moravia de Gask, in a char-
ter granted by Euphame Countess Palatine of Stratlian, Luce de Strivelyn de terris
de Rathern ; it is dated at Penh the bth of November 1414 ; to which there are
witnesses, Roberttis smcscallus Comes de Fife, et de Monteitij, gubernator regni Scotia,
PValterus senescallus Comes Athole tJi Caithtiess, iViUiehiuis Domimis Graham, Joan-
nes de IVeems dominus ejusdem, tnilitibus, David de Moravia de Gask, Thomas de
Brysban is' Tristram de Gorthy, scutiferus (c). He is one of those noble persons
whom King James I. honoured with knightood, for the greater splendour of his co-
ronation at Perth 1424. The authority of this is from Dr John Major; but I must
caution my reader that he is designed David Macy de Gask ; but it is either de-
signed as a contraction of Murray, or one of the typographical errors the book
abounds in, which I may venture to say this is but one of a hundred.

In the 1445, Sir David Murray of Tullibardin, according to a humour that
then much prevailed among great men of founding collegiate churches, the patronage
of which they abbolutely reserved to themselves, and that they might have the
benefit of the divine otlices near at hand, accordingly he founded and endowed
a college at Tullibardin just by his own castle, which he provided with a provost
and four prebends, which became a constant fund of provision for the younger sons
of the more remote branches of the family in an ecclesiastic way, till it was sup-
pressed at the reformation of religion, with the other religious houses which were
then deemed nurseries of superstition.

Within the Collegiate Church of Tullibardin, on the west end of the wall, I
see the arms of the founder Sir David Murray, and his lady Dame Isabel Stewart,
impaled, the three stars within the bordure for Murray, and the fesse cheque, and
the galley for Stewart of Lorn, of which family this lady was a daughter. I have
seen several original contracts he entered into by way of indenture with Malcolm
Drummond of Cargill, that turned out very beneficially for his family; but, being
only private matters, I forbear to mention them here (d). He married Isabel,
daughter of Sir John Stewart of Innermeth, Lord of Lorn ((?), ancestor to the
Earls of Athol, by whom he had those children I have seen vouchers for,

Sir William, the eldest, the heir of the family.

John Murray, the second, designed of Drysall ffj.

Patrick, the third, who gix. off in patrimony the lands of Dollary and Dry Isle
of Ochtertyre (j^). He was sheriff-depute of Perthshire, under his brother Sir
William Murray of Tullibardin, in the reign of King James III. anno 1465 (A).
Of his eldest son and heir is lineally descended Sir William Murray of Ocher-
tyre, Bart.: And of Ninian, a younger brother, who got in patrimony the lands of
Dollary, are sprung the Murray s of Dollary. of whom again by a younger son,
Patrick Murray of Newraw, came the Murrays of Woodend (/), and of them is-
sued from a second brother, who was a clergyman, Mr William Murray, Parson

(a) In the registers of the Great Seal in the records. (h) In the registers in the public archives,
(c) Charta penes Dominum Keir. (d) Writs of the House of Tullibardin I have seen in the hands of
the Duke of Athol. {e) Ibidem. (/) Lord Ochiltree's collections relating to Tullibardin. (g) Charta
penes ducem de Athol. ("A) Charta penes Dominum Gleneagles. (;') Charta penes Laurentium Oliphan*
de Gask.

iS:< APPENDIX.

of Dysavt, William Murray, Esq. created Earl of Dysart by King Charles I. in, tlie
year 1646, from whose daughter, Eli'zabeth, Countess of Dysart and Dutchess of
Lauderdale, the honour and dignity of Earl of Dysart devolved to Sir Lionel Tal-
nnsh of Helmingham, Bart, her son: Of this branch of the Murrays of Woodend,
Su- Patrick Murray of Balmanno, Bart, is the heir-male; his grandfather, Sir Tho-
mas Murray of Glendoick, who was Lord Register in the reign of King Charles II.
and one of the Senators of tire College of Justice, was a younger brother.

J.\MES, of whom, from vouchers 1 have seen {k), is come the Murrays of the
House of Struan.

Alex.\nder, who was the ancestor of the Murray's of Tippermuir (/), who were a.
considerable family, and were well allied with the best families in Perthshire; they
have still a male representative, though he be out of the estate, which was once
very considerable.

Sir David Murray of Tullibardin had, besides these sons, several daughters,
Mariotta, who was married to Sir Malcolm Drummond of Cargill, ancestor to.
the Earls of Perth (w). The contract is by way of indenture, dated at Ochter-
airder, the 14th July 1445 ; the marriage-portion is eight hundred merks good,
und usual money of the kmgrick of Scotland, to be paid at eight different terms
annually. There are other clauses c-f mutual support and friendship betwixt the
families, in the strongest and most significant terms that can be expressed, and par-
ticularly that William Murray and Patrick Murray, two of Sir David's sons, shall
be aiding and assisting to their new ally to the utmost of their power and ability..
There are witnesses to this contract, Michael, Bishop of Dunblane, Patrick Lord.
Graham, Patrick Lord Glammis, &c.

Isabel, who was married to Malcolm Drummond of Concraig (/;), then Steward
of Strathern.

CHRiSTi.'m, who was married to Murdoch Monteith of Rusky, at that time a
great Baron in the county of Perth (0), by whom he had two daughters, his heirs ;
Agnes, who was married to Sir John Haldane of Gleneagles, and Margaret, to
John Napier of Merchiston, ancestor to the Lord Napier.

William Murray of Tullibardin, the son and successor of Sir David, made a
very considerable figure in his time. He executed the office of High Sheriff
of the county of Perth, in the reigns of James 11. and III. (p), which he discharg-
ed by his brother Patrick Murray, the ancestor of Ochertyre, as his deputy in
the office. He is frequently in the Parliaments as a baron by tenure ; and in the
1458 he is one of the lords named for the administration of justice, who were the
the king's daily council (;). We find him also one of the plenipotentiaries in a
treaty with the English, 1458 (s), anent a peace, or the prorogation of a truce
betwixt the two nations. He enlarged the college of Tullibardin founded by his
father, and built that part towards the west where his arms and his lady's are im-
paled, the three stars within the double tressure, and a cross ingrailed for Colqu.
houn, finely cut in stone on the out-side of the wall. He married Margaret,
daughter of Sir John Colquhoun of Luss, Knight in the county of Dumbarton,
who was Lord High Chamberlain in the reign of King James III. by whom he
had a numerous issue ; the tradition is, they had seventeen sons, of whom a great
many of the different families of the Murrays throughout the kingdom are de-
scended. Sir William was the eldest, George Abbot of Inchaflry was a younger
son (t), John Murray of Galvamore is called another, the ancestors of the Murrays
of Newton, Balberton, &.c. and are said to be two of the seventeen brothers of the
family of Tullibardin : but I cannot say that I have seen any positive instruc-
tion to vouch them, though the tradition is received universally all the country,
over.

Sir William Murray of Tullibardin, the next in the line of this noble family, was
in a high degree of favour with King James III. There is a. charter in the custody of

(^) Original writs I Iiave seen in the cliarter-chest of the family of Perth, ad annum 1467, of
:Iie lands of Innercrutar, in which he is designed son to the deceased Sir David Murray of Tullibardin.
(/) Charta penes ducem de Athol. (m) The contract I have |seen, («) Charta penes dora. Glen-
eagles. (0) Ibidem. (/>) Ibidem. (/-) Writs belonging to the family of Boswell of Balmuto I have
seen, (j-) Rymer's Foedera. (t) Writs I have seen in the hands of Laurence Oliphant of Gask.

APPENDIX. iSg

his grace the Duke of Athol by that prince ('<), " Dilecto nostro ac familiari mi-
" liti Willielmo de Moravia de Tillibardme, pro suo tideli servitio nobis impenso
" senescalliam nostram comitatus de Strathern, ac dominii de Balquhidder." This
charter of the stewartry of Strathern and lordsliip of Balquhidder is dated the 1 8th
of January 1482. In the first ParUament of King James IV. anno 14^8, we find
him sitting as a member ; for we may remark, that although the smaller barons
were dispensed by an act of King James I. from personal attendance in Parliament,
(v) anno 1427, yet the greater barons, even under the degree of lords of Parliament,
were not, but sat there in virtue of their baronies ; for though these great barons
came but seldom to Parliament, yet there was no law excluding them, but that
they might take their seats there whenever they had a mind, even though they
were not called by the king's writ or general precept. In the parhament 1492 he
got a special act in his favour, ratifying the grant formerly made to hmi of the
stewartry of Strathern, which I have seen in the archives of the family. And in
1495 we find him concerned in a treaty with the English, anent the keeping of a
good understanding betwixt the two realms (uy). In the 1507, Sir William Murray
being by this time grown aged, the king grants to his well beloved and familiar
knight, as he designs him. Sir William Murray of TuUibardin, a full exoneration
in regard of his great age, dispensing with his attendance, or coming either to
courts, or even to the king's host itself.

He married Katharine, daughter of Andrew Lord Gray (v), by whom he had
John his eldest son and heir apparent, who married Elizabeth, a lady of the fami-
ly of the Crichtons ( j) ; but died without issue in the hfetime of his father.

William, the second son, who was the heir of the family. Sir Andrew, the third
son, who got a fair estate in marriage with Margaret the daughter, and sole heir of
James Barclay of Arngosk and Kippo, and was the ancestor of the Murrays of Bal-
vaird, now dignified with the title of Lord Balvaird, and Viscount of Stormont (z),
David Murray of Strathgeth {aa).

He had also two daughters,

Christian, who was married to George Lord Seaton, ancestor to the Earls of
Winton, and had issue {h¥).

Elizabeth to Thomas Stewart of Grandtully, and had issue (rt).

He died in the 1509, and was succeeded by William his son and heir, whom 1
have seen designed " filius et heres quondam domini Willielmi Murray de Tilli-
" bardine," in a charter under the Great Seal, anno 1510 {b).

He married Margaret, daughter of John Earl of Athol (t}, by whom he had
William his eldest son, and the heir of the family.

Andrew.

David.

And a daughter, Helen, married to Alexander Seaton of Parbroth (d), in the
county of Fife, and had issue.

Which William, in 1542, takes a charter, under the Great Seal, of his estate to
himself, and Katharine Campbell his wife in conjunct infeftment, and a new in-
vestiture of his whole fortune, under the Great Seal, to himself in liferent, and to
William his son and heir apparent in fee, and to the heirs-male of his body, which
failing, to Alexander and James Murrays his sons, and to the heirs-male of their
bodies respective ; which failing, to Andrew Murray, brother-german to "William
Murray of TuUibardin, and to the heirs-male of his body; which failing, to David
Murray, brother to the said William also, and to the heirs-male of his body ; which
failing, to William Murray, son to David Murray of AHcht, and to the heirs-male
of his body ; which failing, to David Murray of Ochtertyre, and to the heirs-
male of his body ; which failing, to Alexander Murray of Struan, and to the
heirs-male of his body ; which failing, to John Murray of Wallaceton, and the

(a) Which I have seen !n the charter-chest of the family, (u) Black acts of Parliament, (lu Fojdera
AngliiE. (r) Charta penes ducera de Athol. ( v) Charter to this John Murray, son and heir apparent
to Sir WiUam Murray of TuUibardin, and to his lady, under the Great Seal in the public records in 1485.
(a) Charta penes vicecomitem de Stormont. {aa) Charta in archivis. (bh) Ibidem, (a) Charta penes Sir
G<:orge Stewart. (/) Charta penes ducem de Athol ad annum 1510. (f) Ibidem. (</} Sir Richard
Maitland's History of the House of Seaton, MS. penes me.

Vol. n. 61

jpo

APPENDIX.

heirs-male of his body ; all which failing, to his nearest and lawful heirs whatso-
ever («•).

He married Katharine, daughter of Sir Colin Campbell of Glenorchy, ancestor
ro the Earl of Breadalbane (/), by whom he had issue.

Sir WiLUAM his son and heir.

Alexander, a Colonel in the service of the States of Holland.

James Murray of Purdovis.

Andrew, a fourth son.

Annabella, his eldest daughter, was married to John Lord Erskine, who was af-
terwards Earl of Marr, and Regent of Scotland in the minority of King James IV.
and had issue.

EupHAME, the second, to Robert Stewart of Rosy th, an ancient family in the county
of Fife (^), and had issue ; and again to Robert Pitcairn, commendator of Dun-
fermline, Secretary of State in the minority of King James VI. (A); and last of all
to Patrick Gray of Innergoury (;).

Katherine, the third, to Rabert Murray of Abercairny, and had issue {k).

Jean, the fourth, to James Henderson of Fordel (/), in the county of Fife, and
had a most numerous progeny, and spread relations all the country over. He died
I'lnno 1562, and was succeeded by

William his son and heir, who was a gentleman of great parts and reputation ;
he was a very significant man in the turn of the Reformation, and leaned to the
reformed side : He was one of the barons, who, in virtue of their baronies, sat in
the Parliament 1560 {m), and established the reformed doctrine, though he seems
not to have been concerned in those violences that were carried on by the more
zealous men of his own party. Upon the queen's return from France in the 1561,
he got into a good degree of favour and confidence with her majesty, and had the
honour to entertain the queen at his house of Tullibardin several times in her pro-
gress to the north ; after that he was called to the Privy Council, and was consti-
tuted comptrollor of the kingdom, in the year 1565, the office being then void by
the deprivation of Sir John Wishart of Pittarrow {/>).

Upon the murder of King Henry by the Earl of Bothwell, he was one of the
barons who, with great zeal and forwardness, went into an association for the de-
fence of the young prince King James VI. and to pursue the Earl of Bothwell,
and to bring him to justice for the execrable fact he had committed on the king's
father ; and perhaps he was not the less keen in prosecuting that wicked earl, that
he had the honour to be second cousin to King Henry the murdered prince ; but
his keenness for the safety and preservation of the young prince did not influence
him to behave in any way undutifully towards the queen his sovereign ; for an
author of great worth and credit at that time (0), says, speaking of the Laird of
Tullibardin, " That he always retained a dutiful respect to the queen's majesty, and
" only entered into the association for safety of the young prince, and punishment
•' of the king's murder." Though the Laird of TulHbardin, the comptroller, was in
great friendship and confidence with some of those who went all lengths against
the queen, yet he could never be prevailed on to concur with them in one single act
that was derogatory to her honour, dignity, and safety ; but when the queen was
forced to fly out of the kingdom, and the government established in the person of
her son the prince, he submitted to that authority, and kept the comptroller's
place long after. He was of the Privy Council to the regents (p) : Upon the death
of the Earl of Marr the Regent, who was his brother-in-law, in the 1572, he, and
Sir Alexander Erskine of Gogar, commonly called Master of Marr, were appointed
governors to the young king, and joint keepers of the castle of Stirling, where the
king resided and was brought up ; and he discharged the office to the universal ap-
probation of the whole kingdom, till the 1578, that the king took upon himself
the sole administration. How soon the king constituted a new Privy Council he

{f) In publicis archivis. (f) Charter under the Great Seal in the records ad annum 1538. {g) Ibi-
dem, charta in the charter-chest of Rosyth, which I have seen the note of. fh) Charta in archivis.
(i) Ibidem, (k) Charta penes dora. Abercairny. (/) Charta in pub. arch, (m) Mr Keith's Col-
lections, (n) Charta in RotuUs, and Mr Keith's Collections, {o) Sir James Melvil's Memoirs of his
own time, (fi) Records of the Council in the Signet Office.

APPENDIX. tpi

was one of the number, in which he contiiuied till his death, on the 15th March
1583 (</), He left issue by Agnes his wife, daughter of William second Eail of
Montrose (;), John his eldest son and heir, Mr William Murray designed of Tit-
cairlie (j), and Mungo Murray of Dunork(/), and two daughters, Margaret, who
was married to Sir Robert Kruce of Clackiuanan, Knight («) ; of which marriage
some of the most noble and illustrious persons in Great Britain arc descended,
and have this lady's blood running in their veins; and Jean to Sir John Hepburn
of Waughton.

John Murray of TuUibardin was in great favour with King James VI.
with whom he had been bred up in an intimacy from his childhood, which begat
a confidence that was never shaken : In the year 1592 he was constituted Master
of the King's Household (v), and soon after that had the honour of knighthood
conferred on him. But his majesty's favour to Sir John Murray did not stop here,
for he was further graciously pleased to raise him to the peerage by the stile and
title of Lord Murray of TuUibardin, by letters patent the 25th of April 1(104 (xf) :
The same year he gets a charter under the Great Seal of the lands of Letter-
banachy, to himself during his own lifetime, and to William his eldest son in fee,
and to the heirs-male of his body ; which failing, to Captain John Murray, his se-
cond son ; and fliiling the issue-male of his body, to Sir Patrick Murray of Castle-
ton, his third son ; and failing his male issue, to Mungo Murray, his fourth son ;
and failing him, to Robert Murray, his fifth son ; and the heirs-male of their
bodies respective ; which failing, to Mr William Murray of Pitcairlie, his bro-
ther-german, and to the heirs-male of his body ; which failing, to Mungo
Murray of Dunork, his brother-german, and the heirs-male of his body, &c. (.v).

The Lord TuUibardin rising still more and more in his majesty's favour, he was fur-
ther gi-aciously pleased to raise him to the honour, title, and dignity of Earl of TuUi-
bardin, by letters patent, bearing date the loth of July i6c6 (y). A commission
being directed to Alexander Earl of Dunfermline, then his Majesty's High Com-
missioner, to invest, with the usual solemnities, the Lord TuUibardin in the
honour of Earl of TuUibardin, the Lord Fleming in the honour of Earl of Wigton,
the Lord Glammis in the honour of Earl of Kinghorn, the Lord Abercorn Earl of
Abercorn, all on the same day (z).

John, first Earl of TuUibardin, married Dame Katherine Drummond, daughter
of David Lord Drummond, ancestor to the Earls of Perth (n), by whom he had
issue,

William, his eldest son and successor.

Captain John Murray, his second son.

Sir Patrick Murray of Castleton, Knight of the Bath, his third son, and who
became afterwards Earl of TuUibardin, on the surrender of the honour by his eldest
brother the Earl of TuUibardin.

Mungo Murray, the fourth son, who became Viscount of Stormont, by special
provision of David the first Viscount of Stormont, whom he made his heir : But
though he was first married to Agnes, daughter of Sir Andrew Murray of Balvaird,
and niece to the Viscount of Stormont, and after that to Elizabeth, daughter
of David Earl of Wemyss, yet he had no succession; so the dignity of Viscount
of Stormont at length came to Murray, then Lord Balvaird.

Robert Murray, the fifth son.

ANNe, the Earl's eldest daughter, was married to Patrick Lord Glammis, and first
Earl of Kinghorn, ancestor to the present Earl of Strathmore, and had issue (/?>).

LiLiAS, the second, to Sir John Grant of Freuchie, the Laird of Grant, and had
issue (c).

(y) Charta in cancellaria S. D. N. regis ad annum 1584. (r) Charta in publicis archivis ad annum
154^. (s) Charter of the lands of Letterbanachy, in the custody of James Murray of Abercaimy.
(;_) Ibidem ad annum 1604. (a) Charta in archivis. (v) Acts of Parliament IJip?. (w) Creations
of the Nobility, MS. (.v) This charter I have seen in the hands of James Murray of Abercaimy.
( v) Creations of the Nobility from the Records. (?) Creations of Nobility in my own hands, (a) Charta
penes ducera de Athol, and Lieutenant-General Drummond's History of the Drummonds, in my own
custody, MS. (i) Penes ducem de Athol. it) Charta in publicis archivis.

192

APPENDIX.

Margaret, the third daughter, to James Haldane of Gleneagles, and had
issue (a).

Catharine, the fourth daughter, was married to David Ross of Balnagowan in
Ross-shire, the heir-male and representative of the ancient earls of Ross, and had
issue (b).

William, the second earl of Tullibardin, while he was a young man, being
happily in the town of Perth on the ever memorable 5th of August 1600, when
John Earl ofGowrie, and Mr Alexander Ruthven, his brother, attempted to lay vio-
lent hands on the sacred person of the king their sovereign ; upon their being
both slain, the citizens of Perth hearing that the Earl of Gowrie, who had been
their provost at the time, was slain, rose in a tumult, and in all probability, con-
sidering their numbers and the ferment they were in, would have cut the Court in
pieces, if the young Laird of Tullibardin, who was accidentally in town that day,
had not interposed with his retinue, and his friends carried off the king and all
with him safe to Falkland. For this most signal and meritorious service, the
Laird of Tullibardin got the sheriffship of Perthshire, that had heritably belonged
to the House of Ruthven the Earls of Gowrie, and has mostly continued in the
family of Athol ever since that time.

This William, the second Earl of Tullibardin, made a very noble alliance by
marriage, for his Lordship married the Lady Dorothea Stewart, eldest daughter
and heir of line to John the fifth Earl of Athol, of the Stewartine line, by whom
he had only John his son and heir, and a daughter, Anne, who was married to Sir
John Moncrief of that Ilk, then an ancient considerable family, as any in all the
county of Perth.

This Earl of Tullibardin laid before his Majesty King Charles I. the claim and
title his lady, the Countess of Tulhbardin, and his children, had to the honour
and dignity of Earl of Athol ; setting forth. That the countess was the eldest
daughter, and heir of line and at law to the deceased Earl of Athol, her father ;
That the family of Innermeth, who had got the title of Earl of Athol upon the
demise of her father, were now all extinct, and out of the way, and therefore she
conceived that she was well entitled to her father's dignity : The king received the
petition very graciously, and told the Earl of Tullibardin, That since it was plain
The former earls of Athol were all extinct in the male line, that it was but just and
reasonable that the dignity of Earl of Athol, which had so long and so gloriously
flourished in the race of the Stewarts, in whom he himself had a relation in blood,
should be revived and established in the person and descendants of the lady, who
was the heir of line and at law, and gave his royal word the thing should be done :
But as the Earl of Tullibardin was to do his lady and children justice, so as to
have the title and honour of Earl of Athol brought in to them, so he did not
think but that he ought to take care to do all that was possible for him to pre-
serve the honour of Earl of Tullibardin, as a distinct and separate dignity, that
was not to be immerged or consolidated into that of Earl of Athol, how soon that
honour came to be vested in his son, who would become heir both to his father
and mother in their respective dignities and peerage ; this the earl represented
to his majesty so effectually that it was agreed and concerted that he should re-
sign and surrender his own title and peerage of Earl of Tulhbardin in his majesty's
hands, in favour of his brother Sir Patrick Murray, Knight of the Bath, and one
of the Gentlemen of the Bedchamber, and who himself had a good share of favour,
and had acquired the estate of Tullibardin from his brother. Accordingly Wil-
liam Earl of Tullibardin did surrender, on the first of April 1626 (c), the title,
honour, dignity, and precedency of Earl of Tulhbardin, in order that it might be,
de novo, conferred on Sir Patrick Murray aforesaid ; but in the interim, before the
several different deeds and patents could be got perfected and expede, the Earl of
Tullibardin died, which brought all these transactions for some time to a stand; but
that just and excellent prince, King Charles, well knowing the intention of the

(a) The contract I have seen in Gleneagle's hands, It is dated the 26th January 1600, the portion is
9000 merks of the realm of Scotland. (.b) Account of Balnagoivan I have seen, (c) Chartaincan-
cellatia S- D. N. R- ad annum 1626-

APPENDIX. ixjs

parties in the whole transaction, and that it was intended that both the peerage ot
Athol and Tulhbardin should be distinctly represented, therefore his majesty was
graciously pleased to acknowledge that William, the deceased Earl of TuUibardin,
had resigned his title of honour of Earl of TuUibardin in favour of his brother Sir
Patrick Murray, and which he is moved in justice to confer upon him : Accord-
ingly a patent is expede the Great Seal, creating him Earl of TuUibardin, bearing
ddte the penult of January 1628 (rt), and to his heu-s-raale whatsoever : But the
kmg, who regulated his whole conduct by the maxims and principles of conscience
and honour, having done justice to Sir Patrick Murray, in giving him the title of
Earl of TuUibardin, conform to the intention of the resignation, he very quickly
after that did justice to his nephew John Murray, son and heir of the deceased
William Earl of TuUibardin ; for he was soon after invested in the honour, title,
dignity, and peerage of Earl of Athol. The preamble of the patent is very noble,
and reflects great honour on the patentee ; for his majesty narrates that the honour
and dignity of Earl of Athol had continued successively in the line and posterity
of John Earl of Athol, who was uterine 'brother to the king's illustrious ancestor
Kmg James II., to the deatii of John the fifth Earl of Athol, the patentee's own
grandfather, whose eldest daughter, Dorothea Countess of TuUibardin, was mother
to him. the king's predi/crtus consaii^uiiifus, as he is pleased to term the patentee,
Johannes Murray nunc creatus Comes Atb'Aie. The narrative goes on declaring
that his majesty was moved purely from principles of honour and conscience to
give, ratify and confirm to the earl, the title of Earl of Athol, and that in truth in
the very strongest terms that could be devised, to express his right as heir of line
to his maternal ancestor John the first Earl of Athol, who had that peerage con-
ferred on bun by his brother King James II. For all these reasons, " Nos de
" novo," says the sovereign, " damus, concessimus, et contulimus tenoreque pre-
" sentiam damus concedimus et conferimus prefato Johanni Murray, nunc Comes
" Athohe, prefatam dignitatem comitatus Atholie, et haeredibus suis, &c." The
patent bears date at Whitehall the 17th of February 1629 (6).

This noble earl continued a loyal and quiet subject during the peaceable time
of the reign of King Charles. At the first rupture, when the troubles began in
the 1639, he attached himself to the king's side with great firmness and fidelity ;
he raised his Athol men to the number of eighteen hundred or two thousand men,
declaring his intention was to support the honour and dignity of the crown ; and
that he would oppose every measure, or whatever party, he judged were driving
things to lessen or eclipse the lustre of it, or were making undue and illegal stretches,
on whatsoever pretence, of lessening or invading the sovereignty in any branch
of its inherent power.

But all jealousies and animosities being, at least seemingly, composed by tlie
king's own presence in the Pari. 1641, partiesof both sides laid down their arms, and
seemed to outvie one another who should express their loyalty and duty most to
his majesty, who had removed all their grievances, and settled every thing to the
desire of their hearts. The Earl of Athol died next year after this, annu
1642 ; his death was looked on as a very great loss to the king's service, consider-
ing that he left his son very young, a mere child, in no capacity of heading his
men, or leading them on to action, a thing the Highlanders have at all times been
fond of: And if we but consider what great matters the Marquis of Montrose did
with but a small number of the Athol men, that resorted to him from principle,
when he set up the king's standa,i-d and declared for his majesty, what, in a rea-
sonable conjecture, yea what wonders might have been performed, if all the Athol
men had been drawn together, and appeared in the field with their own master and
chief the Earl of Athol at their heard ? But this by the by.

John, the first of the line and race of the Murrays Earls of Athol, left issue by
Jean his wife, daughter of Sir Duncan Campbell of Glenorchy, aunt to John the
first Earl of Breadalbane, John his eldest son and heir, thereafter Earl and Mar-
fa^ Patent in the Chancery Office at Edinburgh, ad annum 1628, bearing that the honoir had been
resigned by the deceased Earl of TuUibardia his brother, the first of April 1626. {b} Patent recordc^i
■;B the Chancery office at Edinburgh.

Vol. n. 6 K

194 APPENDIX.

quis of Athol, Mungo Murray, who was Lieutenant of his Majesty's Guards at the
Restoration ; he died unmarried, and was interred in St Giles's churcli at Edin-
burgh, at che tomb of John Earl of Athol, who died Lord Chancellor in the 1579,
where the honours that were hung up at his funeral are still to be seen by the
curious. The Earl of Athol had also one daughter, Anne, who was married to
her first cousin James Earl of TuUibardin, who was the son of her uncle
Patrick Earl of TuUibardin, who had that honour, as we have heretofore
observed in this memorial, conferred on him by King Charles L This Pa-
trick Earl of TuUibardin married Dame Elizabeth Dent, an English lady, by
whom he had issue

Jajies, his son and successor in the honour, and a younger son, William Murray
of Redcastle, who being in the king's army at Philiphaugh, was taken prisoner,
and suffered at St Andrews in the 1646 (rt). He w-as a lively young man ; he
was much regretted by all ranks and all parties ; for he was of great expectations,
and was not above eighteen years of age at his death : His brother got his estate,
who, it is reported, pressed his death very indecently : but it was observable, that
though he had at that time two sons that died so quickly after other, that many
remarks were made on it ; for though he had two wives, first his cousin the Earl
of Athol's daughter, and after that Lilias, daughter of Sir John Drummond of
Machany, yet he left no child to inherit his fortune, but died without issue on the
the 26th of January 1670 (1^), and his estate and honour devolved to the Earl of
Athol as his nearest heir.

John, the second earl of the line of the Murrays Earls of Athol, succeeded
his father in the honour while he was very young : but being bred up in the
principles of loyalty and fidelity to the crown and the royal family, in all the dis-
tress it was then under, he stuck to it with the most firm, unshaken, and inviolable
fidelity.

In the year 1653, when the Earl of Glencairn set up the king's standard in the
Highlands, the Earl of Athol resorted to him, and brought 2000 of his men to the
camp; and though he was now scarce eighteen, he endured the fatigue and ill ac-
commodation the army was unavoidably exposed to with the vigour and resolution
that could have been expected from the most veteran soldier among them; and
both the Earl of Glencairn, who was the first general, and the Earl of Middle-
ton, who afterwards had the command of the army, always acknowledged and
declared afterwards, that if it had not been that the Earl of Athol was among
them, and the support his country afibrded them, they should have starved for
want of provision and forage, and their keeping so long together was m.ore owing
to the Earl of Athol than to all the other great men that were among them.

Upon the happy Restoration of King Charles II. anno 1660, the Earl of Athol's
merit and loyalty being so eminent and conspicuous, could not well fail of being
highly rewarded and considered, as it well deserved : He was firet named one of
the new Privy Council, and acted as principal master of the king's household in
the absence of the Marquis of Argyle, at the solemnity of the Parliament vvhich
sat down at Edinburgh the first of January 1661 (f). Qiiickly after that, getting
into a high degree of favour with his majesty, and in the most entire conridence
and friendship of the Earl of Lauderdale, then the sole Secretary and Minister tor
Scotland, his Lordship, the Earl of Athol, was made and constituted Lord Justice-
General in place of the Earl of Cassihs, who had been named to the office, but de-
clined to accept, because he could not bring himself up to take the oaths enjoined
oy law, anno 1663.

The earl rising still more and more in favour and confidence both of the king
and the minister, he was preferred to be captain of the guards on the demise of
the Earl of Newburgh, anyio 1670, and one of the Extraordinary Lords of the
Session. In the 1672 the Earl of Athol, without parting with any of his other
offices, was made Lord Privy Seal, then void by the death of the Earl of Dun-
fermline: But his majesty thinking all these great employments were not enough
to reward the merit and services of the Earl of Athol, therefore his majesty was

(fl) Bishop Gutlirie's Memoirs. (V) Letter in the hands of the Laiid of Abercairny. (c) Manu-
script History of these times in my hands.

APPENDIX. 195-

graciously pleased to raise him to a higher degree and title of honour ; so he was
created Marquis of Athol bv letters patent, bearing date the 1 7tli of February

1676(^0-

As the Lord Athol had been in a long and firm friendship with the Secretary,
the Earl of Lauderdale, so he was a great support to the other in keeping his
court, and having so deep a root with the king. Lauderdale had now possessed
all his friends with a notion, that was at first believed by them all, that the people
in the western shires were in a state of rebellion, and were to be reduced by a su-
perior force; for this end he got the king to write to all the chiefs in the High-
lands to raise their men to march to the west; among others the Marquis of Athol
raised 3000 of his Athol men; the Earls of Breadalbane, Marr, Perth, Strathmore,
&-C. raised such as depended on them, which in all amounted to an army of 8 or
9000 men, who were to be let loose in the west on free quarter as if they had
been in an enemy's country. The Lord Athol actually went to the west, and was
named one of the committee of council that were to give the necessary orders to
the army: But his lordship quickly perceiving when he came to tlie west how he
had been deceived, and the state of that country so dreadfully misrepresented, that
they were so far from being in any degree of rebellion that they were in a state
of perfect quiet, that by no single circumstance it could appear to him that any
rebellion was intended, when he had examined as far into the bottom of things as
was possible, while he remained in that part of the country : So his Lordbhip be-
ing of himself a noble, generous, free-hearted man, he would be no longer a party
in so violent an administration, nor could he endure to see such havock made in
any part of the kingdom where he himself was a subject. So upon this he fell
off from Duke Lauderdale, and joined with Duke of Hamilton, the Earl of Perthj
and ten or twelve of the nobility, with about 150 gentlemen of quality, who went
up to London to complain of the violence and illegality of the administration.^
But thvjugh the king saw the Lord Athol, yet he would not disgrace the Duke of
Lauderdale, much less punish him for what he had done. The Marquis of Athol,
having so many places in so small a country, had raised a great clamour, so to stop
that, now that he was upon the side that were the patriots, and set up to be the
protectors of the liberties of Scotland, he quit the Justice-General's place, which
was given to Sir Archibald Primrose of Dalmeny in the 167B; and he kept the
Privy Seal and his other posts and offices, without any visible diminution in his
majesty's favour, till the king's death in the 1685.

Upon the accession of his Majesty King James VIL to the throne, the Marquis
of Athol had still a good share of favour, for he had a great deal of merit with the
new king, since he had gone with great zeal into the act of Parhament in 1681,
declaring the hereditary right to the crown in the legal lineal course of the suc-
cession in favour of his Majesty Vifhile he was Duke of Albany and York; so
his Lordship the Marquis of x\thol was continued Lord Privy Seal and his other
offices. Upon the inva^ion of the Earl of Argyle the Marquis was thought the
fittest person the council could pitch on to make head against him; for that end
they ordered him to raise so many of his vassals and dependants as l>e thought
necessary to march into Argyleshire, to prevent the progress the Earl might have
in making levies amongst his friends and vassals there. To give the Marquis the
greater authority, it seems, to .execute any orders he might receive from his Ma-
jesty, or the council, he was made Lieutenant of the shires of Argyle and Tarbet..
In this memorial I will pursue this matter no farther; the fate of the Earl of
Argyle, and the suppressing that rebellion, is so well known that I can add nothing-
to the relation of them that are in so many printed books, and in our acts of Par-
liament so fully set forth.

Qi^iickly after this the Marquis of Athol was invested with the power of Justiciary
in Argyleshire, to try and bring to justice such as had been concerned m the re-
bellion: But considering the attachment and dependence the Highlanders have
upon their chief, and the heads of their clans and tribes, w'hich no man living
knew better than his Lordship, so little blood w'a; shed, and but few examples^

•"(j) Patent recorded in the Chancery.

196 APPENDIX.

made, and the few executions that were, were done by his two deputes in the
office, tlie one a gentleman ot Athol, and the other a gentleman of the shire of
Ayr.

Soon after the affair of the Earl of Argyle was over, the Marquis of Athol went
up to wait on the king; he was most graciously received, and his majesty was
pleased to express his sense of his lordship's services in the most obliging expres-
sions and words that have proceeded from a prince to a subject. In this gale of
favour, if the Marquis had not been firm and inflexible in the point of his religion,
which he could not sacrifice to the pleasure of any mortal, he might have been
the first minister for Scotland, and all others in a dependance on him, and have
ruled as absolutely as ever the Duke of Lauderdale had done before him.

Though the king found the Marquis was not to be wrought on in the matter of
his religion, yet in all other things, knowing his loyalty and duty was superior to
all temptations, he placed an entire and unsuspected confidence in his Lordship,
for he was one of the Secret Committee to whom the administration was chiefly
committed, and the confidence lodged («), till the end of that reign.

In the 1687 ^^^ Majesty was graciously pleased to revive the Most Ancient and
Most Noble Order of St Andrew, called the Thistle, that had gone mto desuetude
from the time that Queen Mary had fallen in her troubles : The Order was to
consist of twelve knights and the sovereign, in imitation of our blessed Saviour and
and the twelve Apostles ; they were all the king's particular favourites and confidants
that were first mstalled; of the number the Maiquis of Athol was one; his com-
panions, the other knights, so many of the number as were filled up, were George
Duke of Gordon, James, then Earl of Arran, the late Duke of Hamilton, James
Earl of Perth, the Lord Chancellor, John Earl of Melford, the Secretary, Alexander
Earl of Murray, Kenneth Earl of Seaforth, George Earl of Dumbarton, General of
the Forces: The Revolution came on so soon after that the full compliment of the
knights were never filled up.

After the revolution of the government, that the throne was filled by the
Prince and Princess of Orange, the late King William and Q^ieen Mary, the Mar-
quis of Athol retired from all public business, and spent the rest of his time at
some of his fine seats in the country all his life after. He died the 6th of May
1703, in the 70th year of his age. He was interred within the vestry of the Old
Cathedral Church of Dunkeld, where a sumptuous and magnificent monument of
black and white marble is erected over his grave. The effigies of the Marquis,
and the Lady Marchioness of Athol, his lady, in bust, are on the two great Co-
rinthian pillars that support the tomb: There are also placed the probative quar-
ters or branches, as they are called, of the Marquis on the right pillar, and the
Lady Marchioness on the left pillar. On a tablet of black marble there is an in-
scription containing the several offices the Marquis passed through, and the most
material steps of his life.

Sixteen of the coats of arms of those illustrious families, eight on the paternal
side, and other eight on the maternal line, did compose the escutcheon of John
Duke of Athol ; and being so very noble and illustrious, the publishers of this
posthumous work of Mr Nisbet judged this escutcheon was the most proper in-
stance they could fall upon for illustrating a funeral escutcheon; and accordingly
they have caused engrave a copperplate of his Grace the Duke of Athol's scutcheon
in that part of the work that treats of funeral solemnities, with all the proper and
congruent trimmings of his ducal dignity, as the supporters, the helmet, the mant-
ling, and the crest, and motto of the family of Athol, which the reader may be
pleased to peruse m this Appendix; the eight on each side of the escutcheon are
IS follow :

(n) Balcarras's Memoirf, MS. penes me.

APPENDIX.

Marquis of Athol, Earl of Derby,

Earl of Bieadalbane, Duke de Tremouille,

Stewart Earl of Athol. Earl of Oxford,

Lord Sinclair, Prince d'Orange,

Earl of Perth, Earl of Cumberland,

Lord Ruthven, Duke de Montmorency,

Earl of Gowrie, Earl of Exeter,

Cockburn of Ormiston, Duke de Montpensicr.

The Marquis of Athol married a lady of the most noble illustrious rank and'
quality of any in Europe, I mean of a subject, the Lady Emelia Stanley, daughter
of James Earl of Derby, of the kingdom of England, by the Lady Charlotte, his
wife, daughter of Claud Duke de Tremouille, a duke and peer of France.

By this most noble alliance and match Sir William Dugdale, in the Baronage
of England, takes notice that the Earl of Derby's children are related in blood and
kindred by the mother to the Houses of Bourbon and Austria, to the Kings of
Spain and France, the Duke of Savoy, the Prince of Orange, and to most of the.
crowned heads in Europe ; and now that all the descendants of both sexes of
James Earl of Derby, and Emelia Countess of Derby, his wife, are worn out, and
extinguished at the writing of this memorial, excepting the children and descen-.
dants of the Lady Marchioness of Athol, all that great and uncommon race of
i«oyal and illustrious blood centres in the descendants of the Marquis of Athol, and
the Lady Emelia, his wife, aforesaid, who were

John, their eldest son, and the heir of the family, thereafter Duke of Athol.

Charles Earl of Dunmore, the second son, who was raised to that honour by
King James VU.

Lord James Murray, the third son, who was designed of Doually, and, as a
baron, represented the county of Perth in the House of Commons of Great Bri-
tain.

Lord William Murray, the fourth son, who having married Margaret, the
only daughter and sole heir of Sir Robert Nairn of Strathurd, one of the Senators
of the College of Justice, and one of the Commissioners of Justiciary, was upoa
that created Lord Nairn for life, and the fee of the honour to descend to the Mar-
quis of Athol's son, who should marry the Lord Nairn's daughter («).

Lord Edward Murray, the fifth son.

Lord MuNGo Murray, the sixth son, who died in that glorious expedition of
Scotland to Darien, anno 1697.

Lady Emelia, the only daughter, wae married to Hugh Lord Eraser of Lovat,
and had issue.

John, Marquis, thereafter Duke of Athol, succeeded his father in the estate and
honour of the family, which were raised higher in the person of his Grace the
Duke of Athol : his Grace was a man of great parts, but far greater virtues; of "a
lively apprehension, a clear and ready judgment, a copious eloquence, and of a very
considerable degree of good understanding.

In the lifetime of his father the Marquis, he came early into the revolution, and
soon declared for the Prince of Orange. The merit of this service, together with
the relation his Lordship had the honour to stand to his Highness in blood, soon
brought him into a degree of confidence and favour that was very particular. He
had the command of a regiment of foot, but his genius being more adapted to
the cabinet than the field, his Majesty King William was pleased to make him
one of the Principal Secretaries of State, in conjunction with Mr Ogilvie, after-
wards Earl of Seafield and Findlater, aiino 1696; much about the same time he
was created a Peer by the title of Earl of Tullibardin (i), by letters patent,
bearing date the 27th of July 1697, and named Pligh Commissioner to represent his
majesty's person in the sixth session of Parliament, which sat down at Edinburgh
the 8th of September the year 1697 aforesaid, wherein I see it remarked that every

(a) Charta in publicis archivis. (A) Patent recorded in the chancery office.

Vol. IL 6 L.

1^8 APPENDIX.

thing the court asked was granted, and all acted with great unanimity (c) : but
the Earl of Tullibardin being a person who had the honour and prosperity of his
country much more at heart than any private consideration of his own, and by
this time clearly perceiving, if he continued in the ministry, that he behoved to enter
into measures that would bring his country into a slavish dependence on England,
and give way to ruin the national project of the African Company settled at Da-
rien, he would go no farther on with the court ; so he laid down all his public
posts and employments, and retired from the scene. I have been well assured,
from persons I could well trust, and had no design to impose on me, that it was
not the disappointment the Earl of Tullibardin met with in recommending a friend
of his to a high post, that was the root of his disgust at the court ; that arose
from another consideration ; it was the scheme he saw laid down of bringing us in-
to a dependence on England, as we have observed ; and that which brought it
sooner on was the king's disowning the African Company, from which it was ex-
pected great riches would flow into the kingdom; and this sruck him as a gene-
rous patriot, who preferred the honour and interest of his country to any regard
of his own concerns; and he stood at a distance from the court so long as King
William lived.

Upon the accession of her Majesty Queen Anne to the throne of these realms,
no man in the nation was more overjoyed to see one of the race of Stewarts
wearing the crown than the Earl of Tullibardin : her majesty was graciously
pleased to bring him to the Privy Council, and to make his Lordship Privy Seal(rf)
in place of the Duke of Queensberry, who was named Commissioner to the new
Parliament that was indicted to sit down on the 6th of May 1703, wherein he
did the Qiieen so acceptable service, that to countenance and reward his consum-
mated merit, her majesty was graciously pleased to create him (being now Mar-
quis of Athol by the demise of his father) Duke of Athol, by letters patent bear-
ing date the third of April 1704 (f); and soon thereafter his Grace was elected and
installed one of the Knights Companions of the Most Ancient and Most Noble Or-
der of the Thistle. His Grace did not long continue Privy Seal; for the next en-
suing year her majesty having thought fit for her service to change her ministry,
the Duke of Athol was removed from his office, and the Earl of Rothes got the
Privy Seal,

In the Parliament 1706, when the Treaty of Union came to be considered, his
Grace the Duke of Athol argued vehemently against the whole frame of it, as
contrary to the fundamental laws and the whole constitution of our government,
which he thought the Parliament had no power to alter. In the progress of the
debates on this subject, he spoke and argued with such force and strength of rea-
soning, that made a very great impression on all those who heard him, and creat-
ed in all people a very high esteem of him. The topics from which his Grace
the Duke of Athol drew the arguments against the Union, were the antiquity and
and dignity of the kingdom, which were now offered to be given up : they were
now departing from an independent state, and going to sink in a dependence on
England ; what conditions soever might be now speciously offered as a security to
them, they could not expect they should be adhered to, or religiously maintained
in a parliament where sixteen peers and forty-five commoners could not hold the
balance against above an hundred peers, and five hundred and thirteen commoners :
It was visible that the nobility suffered a great diminution, if not a forfaulture by
it ; for though they agreed that the Peers of Scotland should enjoy all the other
privileges of the Peers of England, yet the greatest of them all was denied them,
which was sitting and voting in the House of Lords, and their being restrained to
sixteen, to be elected by the rest at every new Parliament. In debating almost
every single article, his Grace spoke against them with great boldness, and so much
caution, that though he provoked the courtiers extremely, no advantage could be
taken against him ; and though every question was carried in favour of the treaty,
yet his Grace, to exoner his own conscience, and to leave behind him to posterity

{c) History of the times. (</) Gift to be Lord Privy Seal to John Earl of Tullibardin, the 8th of
December 1702. (e) Charta in archivis, ad annum 1704.

APPENDIX. 199

what his thoughts and sentimeius in that affair were, before the vote was carried in
the House, he either protested himself against the article, or adhered to the other
members who joined with his Grace in the opposition by some of the members of
every state.

After this his Grace the Duke of Athol lived most part privately in the country,
in the splendour and ceremony of a prince, tdl the 1 716, that William Marquis of
Tullibardin, then his eldest son and heir apparent, being unhappily seduced in-
to the rebellion the year before, and upon that, by an act of Parliament (passed
in the first year of the reign of his late Majesty King George I.) attainted of high
treason : upon this his Grace went up to court, was graciously received by his ma-
jesty ; he laid his case before the king, representing the unhappy circumstances of
his eldest son, and what effect and influence that might have in the event of his
own death on the succession of his family, if his estate and honour were not
vested by law upon his second son Lord James Murray, who had rendered his
majesty very considerable services during the time of the late rebellion. His
majesty having duly advised the duke's petition, was graciously pleased to order a
bill to be brought in that same session of Parliament, for vesting the honours and
estate of John Duke of Athol in James Murray, Esq. commonly called Lord
James Murray, after the death of the said Duke, his father, reciting, That the
said John Duke of Athol, and the said James Murray, Esq. commonly called
Lord James Murray, second son to the said John Duke of Athol, had constantly
adhered to his majesty, and rendered him considerable services; and as a reward of
their steady loyalty, his majesty was most graciously pleased to give his royal as-
sent for a bill to be brought in, that the honours, titles, and estate of the said John
Duke of Athol, should, after his death, be continued in his family. Accordingly a
law passed, whereby it was enacted, that the act of attainder of William Marquis
of Tullibardin should not extend, or be construed to extend, to prevent any descent
of honour or estate from the said Duke of Athol to the said Lord James Murray
and his issue, but that all and every, the honours, titles, and estate whatsoever of
the said John Duke of Athol, should, from and after his death, descend, and come
to and be held and enjoyed by the said James Murray, Esq. and his issue, in such
manner as the same would have descended, and come to and been enjoyed by him
and them, in case the said William Murray had not been attainted of treason, and
had died without issue in the lifetime of the said John Duke of Athol. According-
ly on the death of his Grace the Duke of Athol, in virtue of this act of Parlia-
ment, his son James, now Duke of Athol, did succeed his father m his honours,
title, and estate, anno 1724.

John Duke of Athol married first the Lady Katharine Hamilton, eldest daugh-
ter of William and Anne Duke and Dutchess of Hamilton, a lady of incom-
parable prudence, and a singular example of virtue and piety, by whom he had
issue,

John Marquis of Tullibardin, who was of great hopes and expectations: he was
slam at the battle of Mons, the 31st of August 1709, to the great affliction of the
Duke, his father, and all his noble relations.

William Marquis of Tullibardin, who was attainted by act of Parliament in 1715
for being accessory to the rebellion.

Lord James Murray, now his Grace the present Duke of Athol.

Lord Charles Murray who died young.

Lord George Murray of Glencarse.

Lord Basil Murray died young.

Lady Susane, the Duke's only daughter of his first marriage, was married to
William the present Earl of Aberdeen, and had issue.

His Grace the Duke married, to his second wife, Mary, daughter of William Lord
Ross of Halkhead, by whom he had issue two sons and a daughter, viz.

Lord John Murray of Pitnacree, Lieutenant-Colonel in the third regiment of
his Majesty's Guards, commanded by the Earl of Dunmore, and is a member of Par-
liament for the county of Perth.

Lord Freder-ck. IN'Iurray who is in the navy.

Lady Mary Murray.

200 APPENDIX.

To John Duke of Athol succeeded James Duke of Athol his son, by virtue ot
the act of Parliament vesting the estate and honours of the family in him, upon
the demise of his father, as has been observed in this memorial. His Grace having
all possible regard for his illustrious family, and that it might continue in lustre,
but withal apprehending, that, by the words of the former act of Parliament, it
might be doubtful whether, upon failure of his Grace, and the heirs-male of his
body, the honours, titles, and estate would continue in the family, and descend to
the late Duke's other sons, his Grace's brothers, and whether his Grace and his is-
sue, and heirs-male of the late Duke of Athol, may take and enjoy any title or
estate that may descend, or come to him or them by collateral descent, as they
would have done, or might do, if Wilham Murray, commonly called Marquis of
Tullibardin, had not been attainted, and died without issue in the late Duke's
lifetime ; upon this his Grace went up to court, and laid his case before his present
majesty, praying that a bill might be brought into Parliament, to explain and
amend the former act, for vesting the honours and estate of the House of Athol in
his Grace's own person; which, at the humble suit and request of the Duke, was
allowed to be brought in, and an act passed thereon by the king's most excellent
majesty, by and with the consent of the Lords Spiritual and Temporal and Com-
mons in this present Parliament assembled, and by the authority of the samen,
that the attainder of William Murray, called Marquis of Tullibardin, shall not ex-
tend, or be construed to extend, to prevent any descent of honour or estate to
James Duke of Athol and his issue, or to any of the issue or heirs-male of John late
Duke of Athol, (other than the said William Murray and his issue), but that all
honours, titles, and estate whatsoever, shall, and may descend, and come to and
be held and enjoyed by him and them, in case the said William Murray had not
been attainted, and had died without issue in the lifetime of John, late Duke, his
i^ither («).

The Duke of Athol having, by his majesty's special grace and favour, got this
point settled, that was of the greatest consequence to his family, he was imme-
diately, on the back of this, taken into a very high and particular favour : he was
first, by the countenance of the court, elected one of the sixteen peers for Scotland,
to sit in the House of Peers of Great Britain in a vacancy through the demise of
John Earl of Sutherland, the 21st of September 1733 {b): After that his Grace
rose quickly to be Privy Seal, one of the Knights of the Most Noble Order of St
Andrew, one of the Lords of his Majesty's Most Honourable Privy Council, and
chosen one of the sixteen peers for Scotland to the present Parliament of Great
Britain.

Upon the demise of James Earl of Derby on the first of February 1735, his Grace
succeeded as heir of line and at law to that most noble and illustrious family : But
though the title, honour, and estate of the Derby family went to Sir Edward
Stanley, the heir-male, yet his Grace the Duke of Athol got the lordship of Man and
the isles, and the peerage of Lord Strange. In the case, as set forth in the petition
to his majesty, by his Grace James Duke of Athol, Lord of Man and the Isles,
claiming the barony of Strange, it makes mention that his majesty King Henry
VII. in the first year of his reign, created Thomas Lord Stanley Earl of Derby ;
that the same title and dignity came by male descent to Ferdinando Earl of Derby,
who left three daughters and no son ; that the title and dignity of Earl of Derby
came to William, brother of the said Ferdinando, as heir-male of the body of the
said Thomas ; but the said William was never seased of the title or dignity of a
baron ; that James Earl of Derby, the duke's ancestor, whose heir he is, eldest
son of the said William, was summoned to Parhament in the third year of the
reign of King Charles I. as a baron, the writ being directed Jacobo Strange, che-
valier, and being also summoned to several Parliaments in the said King's reign,
sat and voted by the said title of Lord Strange in the lifetime of the said William
Earl of Derby his father; that, upon the death of the said William Earl of Derby,
the said James Lord Strange succeeded to the title and dignity of Earl of Derby,

(«■) Bill for explaining and amending an act passed in the first year of his late majesty King George I.
for vesting the honours and estate of Jolm Duke of Athol in Lord James Murray his second son. {h) Se
derunt of the election of peers.

APPENDIX. 201

and died seased thereof to him and tlie heirs-male of the body of the said Thomas .
Earl of Derby, and of the said title and dignity of Lord Strange to him and his
heirs ; that the said title and dignity of Lord Strange came by male descent to the
late Earl of Derby, who died without issue in the month of February J735 ; that
the Duke of Athol, the petitioner, is cousin and next heir to the ^aid late Earl of
Derby, and great grandson and sole heir of the said James Lord Strange, after-
wards Earl of Derby, and consequently entitled to the dignity of a baron, created
by writ of summons, in virtue of which the said Lord- Strange sat and voted in
Parliament.

These points of fact were so fully proved, and the point of law so clearly esta-
blished, that the authorities could not be controverted, and therefore the House of
Peers allowed the duke's claim to the peerage of Strange, as great grandson to
James Lord Strange and Earl of Derby, who was created by writ of summons in
the year 1628 (f). as is said, and whose heir his Grace the Duke of Athol is.

His Grace the Duke of Athol being heir of line to the illustrious House of the
Earls of Derby and Lord of Man, it might perhaps, with abundance of reason, be
expected that we should even in this memorial run out a little on the antiquity,
lustre, splendour, and nobihty of the Stanley family, but that would be to cite a
great part of the History of England, and to transcribe a great many pages of the
baronage of that kingdom (d), all which we shall wave, since this paper has dwelt
fully as much, if not more, than at first was intended : We beg leave only briefly
to take notice, that King Henry IV. of England, in the 1405, gave to John Lord
Stanley, the ancestor of his Grace the Duke of Athol, the Isle of Man, with the
Castle and Pecle, and all the isles adjacent ; as also all the regalities, franchises,
and rights thereunto belonging, and patronage of the bishopric (c), to be held
of the king, his heirs and successors, by homage, and the service of two falcons on
the day of their coronation : But because the Kings of Scotland claimed a right to
the Isle of Man, the Earls of Derby, Lords of Man, were obliged to keep a con-
stant standing army and garrisons for the defence of it, till the reign of our King
James VI. of Scotland and the first of England, that all former hostilities betwixt
the two nations ceased, and came to an end upon the union of the crowns in the
king's royal person, anno 1603; and in the honourable family of Derby, and their
heirs, the lordship of Man and the Isles has continued ever since, except for twelve
years during the civil war, when it was given to General Fairfax the Lord Came-
ron, but was returned to its ancient lords at the Restoration of the king in the
1660. I shall only further observe, that though there were, in the more ancient
times, Kings of Man, yet the lords of it, both when it belonged to the crown of
Scotland, and since it came to the crown of England, have w aved the title of kings,
and now are only stiled Lords of Man and the Isles, though they have most of the
regalia; as the giving the final assent to all new laws, and the power of pardoning
offenders, of changing the sentence of death into banishment, of appointing and
placing the governor and officers, with a right to all forfaultures for treason, felony,
Felo de se, &c.

I shall conclude with the opinion of all the great lawyers in England who have
had occasion to mention the Isle of Man viz. that it is a royal fief of the crown of
England, and the only one : So that I may venture to say, without censure, that
if his Grace the Duke of Athol is not the richest subject the King of Britain has,
he is the greatest man in his majesty's dominions.

His Grace was maiTied, in the 1726, to Jean Frederick, now Dutchess of Athol,
%vho brought with her a considerable fortune : The first accounts we have of lier
Grace's family is, that her great-grandfather John came from the Palatinate in the
reign of Qiieen Elizabeth, and was physician to her majesty. His son John Fre-
derick was Lord Mayor of London the year King Charles was restored, and was
then knighted by his majesty, presented the city presents to Qiieen Katharine, and

(c) Case of James Dake of Athol, Lord of Mm and the Isles, as set forth in his petition to his ma-
jesty, claiming the peerage of Strange. (</) Dugdale's Baronage of England. (/) Dr Gibson, the Lord
Bishop of London, in his new edition of Camden's Britannia, and Bishop Wilson's Account of the Isle
of Man.

Vol. II. 6 M

202 APPENDIX.

died father of the city, leaving an only son, Thomas, father to her Grace by
Leonora Mariscoe, who was one of the greatest fortunes in England at that time,
whose predecessors came originally from Normandy, and were of very considerable
account in that country.

Memorial of the Viscount of STORMONT, Lord SCONE, and Lord BAL-
VAIRD, COCKPOOL, and LOCHMABEN.

THE barony of Arngosk, alias Forgey, in the county of Fife, though it has
been possessed by the Murrays for many ages past, yet, in the more ancient times,
that estate belonged to gentlemen of the surname of Friseley. This is vouched
and instructed by a donation which Gilbertiis de Friseley, Dominus de Forgey made,
" Deo et ecclesis beatae Mariae de Cambuskenneth, et ibidem canonicis deo ser-
" vientibus, illam partem terrae quas jacet propinquior domui, quae est sacerdotis
" in territorio de Arngosk, una cum jure patronatus ecclesia3 de Arngosk." The
deed is confirmed by William, bishop of St Andrews, die Mercurii proxima post
festum exahationis snnctce 'crucis, 1281 (^?). There we meet with Henricus de
Friseley Dominus de Forgey, who gave to the abbot and convent of Cambuskenneth
molendinum de Arngosk pro salute animce sua (b). This donation bears date sexto
calendas Augusti 1295. After Henry de Friseley there is Willielmus de Friseley, miles,
Dominus de Forgey, who ratifies the deed of his predecessor of the miln of Arngosk,
to the convent of Cambuskenneth, which is ratified by a charter under the Great
Seal of King Robert I. at Glasgow, decirno die Junii, anno regni sui nono, that is
the year of our Lord 1316(f). From the family of the Friseleys the barony of
Arngosk, et dominium de Forgey, as it is called in the record, was transferred by
the marriage of the heir-female to the Barclays of Kippo, a branch of the once
great and powerful family of the Barclays Lords of Brichen, which terminated in an
heir-female, who was married to Walter Stewart Earl of Strathern, Athol, and Caith-
ness, one of the younger sons of King Robert IL (rf). The family of the Barclays
of Kippo and Arngosk subsisted a long while in honour and lustre, till the reign
of King James IV. that James Barclay, son and heir of another James Barclay of
Kippo, died without issue-male, and left only one daughter, his sole heir, Mar-
garet Barclay doniina de Arngosk et Balvaird, who brought her estate to her hus-
band Sir Andrew Murray, second son of Sir William Murray of TuUibardin, pa-
ternal ancestor to the present Duke of Athol (t-), in the 1499, at least that is the
first time I have found him first designed of Arngosk, and Dame Margaret Bar-
clay his wife, nepoti et baredi quondam Jacobi Barclaii de Kippo. That she was
sprung from, and descended of the ancient Lords of Arngosk and Forgey, is instruct-
ed from a deed I have seen (/), in which she is designed hares quondam Henrici
de Friseley domina d^ Arngosk et Forgey ; it is dated the 2d of December 15 13 (_f).
This lady, on the 24th of January 1507, resigns in the hands of King James IV.
her whole estate for new infeftment to herself, and Sir Andrew Murray, her spouse,
in liferent, and the fee to the heirs procreated betwixt them : Upon the marriage
of Sir Andrew Murray with Dame Margaret Barclay he did not quarter the coat
of arms of the Barclays with the paternal bearing of the Murrays, but chose
rather to compose them by placing the cross patee, the figures in the armorial
bearing of the Barclays, in the centre of the shield betwixt the three mullets, as
may be seen on the south aisle, of the collegiate church of TuUibardin, which has

(a) Charta Cambuskenneth in Bibl. jurid. (b) Ibidem. (c) Chartulary of Cambuskenneth.
("//) Charta in publicis archivis, ad annum 1373. f(?_) Charta penes dorainum Dmmmond. (/) Chai-
ta Cambuskenneth. {g) Ibidem.

APPENDIX. 205

been founded by this gentleman, after he became possessed of the estates of Ari;-
gosk, Balvaird, and Kippo.

This lady Dame Margaret Baiclay, Lady Arngosk, with consent of Sir Andrew
Murray her husband, and Sir David Murray her son and heir apparent, both
knights, founds, and endows a chaplainry in the parish church of Arngosk, " In
" honorem Dei et sanctse individuac Trinitatis, Patris, Filii, et Spiritus Sancti, et
" beatae Maria;, et beatx Columbce, patronas ecclesiae de Arngobk," of an an-
nuity of fourteen merks and two acres of land lying contiguous to the church (h),
" pro prosperitate serenissimi principis Jacobi Qiiinti regis Scotorum ;" also for the
health and welfare of themselves, their heirs and successors, " et omnium fidelium de-
" functorum." This charter of mortification bears date, apud castrum nostrum de Bal-
vaird, prima die mensis j^itgusti 1527 (/). This Sir Andrew Murray left issue by
Dame Margaret Barclay his wife aforesaid.

Sir David Murray, his eldest son and successor,

John Murray of Conland (X;) which lands he held in vassallage of the family,

Elizabeth a daughter, who was married to Sir Archibald Douglas ofKilspindy (/).

Sir David Murray of Arngosk, the second in the line of this noble family,
made an alliance in marriage with the House of Lindsay ; for he married Dame
Janet Lindsay,, daughter of John Lord Lindsay of the Byres, ancestor to the pre-
sent Earl of Crawford, by Dame Helen Stewart his wife, daughter of John Earl of
Athol (/«), by whom he had issue three sons, viz.

Sir Andrew Murray the heir of the family.

William Murray of Letterbanachy, the second son, and the paternal ancestor
of the present Viscount of Stormont (/;), of whom afterwards.

David Murray, portioner of Aiideth, the third son (c). This Sir David Mur-
ray of Arngosk died in the month of September 1550 {p), and was succeeded by
his son and heir,

Sir Andrew Murray of Arngosk, who we find, from a very authentic deed
and voucher, was one of the gentlemen that were on the assize of Alexander Earl
of Huntly, when he was condemned, after his death, for the rebelhon he had
headed at the battle of Corrichie, anno 1563.

In the 1547 he married Dame Janet Graham, daughter of William, the second
Earl of the illustrious House of Montrose, by Dame Janet Keith his lady, who
was daughter of Wmiam Earl Marischal of Scotland {q) ; by this lady he had
issue,

Sir David Murray of Gospertie, his second son, who was raised first to the ho-
nour of Lord Sc ne, and after that to the dignity of Viscount of Stormont ; of
whom in the sequel of this memorial.

Mr Robert Murray, the third son, who was bred to the service of the church,
and had the benefice of the arch-deanry of Dunkeld bestowed on him, by the
bounty and favour of King James VI. the better to enable him, as tlie narrative
and preamble of the gift bears, to prosecute and carry on his studies in the view
of serving in the church (;), but he died without any succession.

Sir Patrick Murray, the fourth son, was designed of Byn and Drumcairn, and
was lieutenant of his majesty's guard, and was a bold brisk man, frequently em-
ployed by the king in the affairs of the church ; more especially as to the settling
episcopacy, to which the brethren were not a little averse (j). He married Dame
Isabel Blair of the House of Balthayock in Perthshire, but he died without suc-
cession in the 1604, and his estate came to the Lord Scone his brother, who is
served heir to him in the year 1607 (t).

Sir Andrew Murray of Arngosk, the father, died in anno i^yG (u), and was
succeeded by his son,

Sir Andrew Murray of Arngosk, who was one of the gentlemen of the bed-cham-
ber to King James VI. and in a very considerable degree of confidence and favour
with that prince (v). This gentleman took a new investiture of his estate to him-

{h) Chartulary of Cambuskenneth. {i) Ibidem, {t) Ibidem. (/^ Mr Home's History of the Douglases.
(m) Charta in publicis archivis, ad annum 1526. (n; Charta penes Jacobum Murray de Abercairny.
{o\ Charta in publicis archivis, ad annum 1563. (/>) Charta penes Vicecomitem de Stormont, etiam
chaita in Rotulii Reg. Pari, (q) Charta in publicis archivis, ad annum 1547. ("r) Ibidem, ad an-
num I S84. (s) Spottiswood and Calderwood's Ecclesiastical Histories. {!) Rotul. in Cancellaria, S.
D. N. R. (tt) Chaita penes Vicecomitem de Stormont. {v} Charta in pubUcis archivis.

:-4 APPENDIX.

self in liferent, and to Andrew IMurray, his son and heir apparent in fee, and to
the heirs-male of his body ; which failing, to David Murray his broiher-german,
and the heirs-male of his body, and, in failure of these, to Roben IVIurray his
brother-german, and to the heirs-male of his body ; and these failing, to Patrick
Murray their brother-gemian, and the heirs-male of his body ; which failing, to
David Murray, portioner of Airdeth, his uncle. The charter is expede the Great
Seal the 26th of September 1560 («). In this substitution it is pretty odd, that
Sir Andrew Murray of Arngosk. strikes out his uncle William Murray of Letter-
baiiachy, and his issue-male out of the succession, who was elder than David Mur-
ray of Airdeth, whom he substitutes directly and immediately after his own bro-
thers : But we see, that some time after this, in a subsequent settlement of the estate
of the family, justice is done to David Murray, son of William Murray of Letter-
banachy, and he is reponed in his due room and right of succession before the issue-
male of his uncle David Murray of Airdeth.

This Sir Andrew Murray of Arngosk married Margaret, daughter of John Crich-
lon of Strathurd, an ancient and considerable family in the county of Perth ;
her mother was a daughter of the Lord Ruthven's family, who were afterwards
Earls of Gowrie (6), by whom he had Andrew his son and heir, and one daugh-
ter, Anne, who was married to Sir Mungo Murray the second Viscount of Stor-
mont, but had no issue. To this Sir Andrew Murray of Arngosk succeeded An-
drew, his son and heir, who was the first of the family that relinquished the desig-
nation of Arngosk, and used the title and designation of Balvaird. He took an
investiture of his estate, and is stiled Andreas Murray de Balvaird, fdius H hares
quondam domini Andreae Murray de Arngosk, militis. He provides his whole estate
to the heirs-male of his ov/n body, and failing these to Sir David Murray of Gos-
pertie, Knight, his Majesty's Comptroller, his uncle, and to the heirs-male of his
body ; which failing, to Robert Murray his uncle, and the heirs-male of his
body ; which failing, to David Murray of Balgonie, his father's cousin-'german,
son of William Murray of Letterbanachy ; and failing his heirs-male, to another
cousin-german of his father's, Mr WiUiam Murray of Airdeth. This charter'bears
date the 8th of May 1604 (c). This gentleman was heir apparent to the Vis-
count of Stormont, both in his estate and title of honour. He married Margaret,
daughter of Sir William Monteith of Carse, by Dame Helen Bruce, his wife, of
the House of Airth : But he died without issue in the month of September in
the year 1624, so that his estate devolved to his uncle, David Viscount of Stor-
mont, who was served and retoured heir-male to his nephew some short time there-
after.

Sir David Murray, the first Viscount of Stormont, was, from, his youth, bred
at the Court of King James VI. He was first made Cup-bearer to his Majesty, in
which employment he soon rendered himself very gracious to his master, inso-
much, that in a few years he was preferred to be Master of the Horse, and Captain
of the Guard, and being knighted, was made Comptroller of the Royal Revenue
in the 1599, upon the removal of Sir David Home of Wedderburn from the of-
fice (d). In this station he served his majesty with great diligence, fideHty, assi-
duity, and apphcation. He had the honour to be attending on his majesty from
the palace of Falkland to the town of Perth, on the memorable 5th of August
i6oo, when the Earl of Gowrie and his brother Mr Ruthven, by an unparalleled
attempt, thought to have embrued their hands in the sacred blood of the king :
This wicked design was, by a happy providence defeated, just when it was upon the
very point of being executed. In his majesty's happy preservation Sir David
Murray, the Comptroller, was highly instrumental. At the same time he did the
court a piece of exceeding acceptable service ; for when the town of Perth were
all in an uproar and tumult upon the kiUing of the Earl of Gowrie, who was
their Provost, he had the chief hand with his friends in composing the citizens,
in quelling the tumult, and carrying ^the king and the court safe back to Falk-
land (f).

(a) Charta penes Viceconiitem de Stormont, ac etiam in publicis arcliivis. (b) Ibidem, (c) Ibidem,
ad annum 1604. (</) Ibidem. (<■) History of Cowrie's Conspiracy.

APPENDIX. 205

This accident, in which Sir David Murray had so great a share of merit, laid
a deep root with his majesty, and begot such a confidence that was never after-
wards shaken. He upon this came to be considered as one of the first favourites,
and in whom the king could well repose the firmest confidence. His majesty came
now to heap favours on him ; he began with giving him the barony of Ruthvcu,
the chief seat of the Earl of Gowrie, which he called Huntingtower, and had
come to the crown by the Earl's forfeiture. Soon after that he gave him the
lands of the whole abbacy of Scone, of which the Earl of Gowrie had been
commendator («), erected, united, and incorporated into a temporal lordihip, to
be called the lordship of Scone, with place, seat, and voice in Parliament ; and
was thereupon, with the greatest solemnity, invested m the honour the 7th of
April 1605 (6), by a special commission directed to the Earl of Dunfermline, the
Lord Chancellor, for that effect. The ceremony was in presence of the Earls of
Angus, Sutherland, Marischal, Linlithgow, the Lords Fleming, Drummond, and
Thirlestane : the erection of the lordship of Scone was confirmed to the Lord
Scone by a special act of Parliament in the 1606 (<). Quickly after this his ma-
jesty was graciously pleased to bestow upon his favourite, the Lord Scone, the
oftice of Ranger, or the Rangery of the Lomonds, the Forestry of the Woods,
and the old Castle-steed of Falkland (rf), and several other beneficial grants from
the crown.

The king, his master, well knowing his fiivourite servant, the Lord Scone, to be
a man of more than ordinary courage and resolution, made choice of him to re-
present his royal person as High Commissioner in several of tlie general assem-
bles of this church, where he deported himself so boldly and resolutely in the
king's service, that he had a pecuhar hand in carrying through things that met
with a very high opposition in reference to the settling a liturgy, and in bring-
ing the church of Scotland to some nearer degrees of uniformity with the church
of England, which the king had set his heart so much upon, and could not have
been well brought about by a man of less resolution and spirit than that Lord (f).
As he acted his part to the king's great contentment and satisfaction in the Eccle-
siastical Court, and with so much success, so his lordship showed no less zeal in
promoting the king's service in the Parliament 1621, when the decrees of the
church came to receive the sanction of law : How soon the five articles of the
Perth assembly passed into laws, the Lord Scone was dispatched to court to in-
form his Majesty of the success of his instructions, by the Marquiss of Hamilton,
his majesty's High Commissioner : to commemorate his long and faithful services
his majesty was graciously pleased to raise him to the honour of Viscount of Stor-
mont, by letters patent, bearing date the i6th of August in the year 1621, afore-
said (/■). The dignity is limited to the heirs-male, which would have carried the
peerage to his nephew Sir Andrew Murray of Balvaird, as he had all along in-
tended, for he never had any children of his own : but there is no absolute^appi-
.ness in this sublunary world ; for, in the 1624, he received a great domestic afflic-
tion in his own family, by the death of his nephew Sir Andrew Murray of Bal-
vaird, to whom the viscount himself succeeded. This accident altered all his
schemes of the succession of his honour and estate, and made him take new mea-
sures ; for as he, by the king's favour, got his honours after his death conveyed to
Sir Mungo Murray, son to the Earl of Tullibardin, who had married his niece,
and to the heirs-male t^ his body, and failing these, to John Earl of Annandale
and his heirs-male, and in failure of these, to his own heirs-male, and his estate of
conquest ; so, moved from principles of honour and conscience, to preserve his fa-
mily of Balvaird in the line of the heirs-male, he adopted for his nephew his
cousin-german's son, Mr Andrew Murray, then minister at Ebdie, son to David
Murray of Balgonie and Kippo, and immediately settled on him the fee of the
estate of Balvaird, &e.

(a) Charta penes Vicecomitem de Stormont, etiam charta in archivis, ad annum 1 580. (i) Mr Work
man's Manuscript, who was a famous herald, and assisted at the solemnity of the investiture himself,
(c) Charta penes Viceromitem de Stormont. {d) Ibidem, (f) Spotusivood and Calderwood's Histories
of the Church. (/) Charta in publicis rotulis, ad annum 1621.

Vol. U. 6 N

^00 APPENDIX.

His other estate of conquest he provided, together with his title of honour, as
we observed, to Sir Mungo Murray, and after him to the Earl of Annandale, and
after their respective heirs-male, to Mr Andrew Murray of Balvaird his own heir-
male ; the crown countenanced all these settlements of the Viscount of Stor-
mont, and thereupon Sir Mungo Murray, his heir of entail, came to be designed
Master of Stormont, as much as if he had been the Viscount's own son, even in
his lifetime.

David, the first Viscount of Stormont, was married to Dame Elizabeth Bethune,
JaLighter of Sir David Bethune of Creigh, in the county of Fife; but, dying on the
77th of June 1631, he was with great funeral solemnity interred in a vault within
the church of Scone, on the 23d of September thereafter, under a noble and mag-
nificent monument of various-coloured marble, erected by himself many years
before his death, with his statue as big as the hfe, in a postue of devotion, with this
inscription upon a tablet of black marble, wherein most of his remarkable- actions
are set forth.

" The Right Honourable Sir David Murray of Gospertie, Knight, son to Sir

" Andrew Murray of Balvaird ; his grandsire brother to the Earl of Tillibardine ;

" his mother daughter to the Earl of Montrose ; his gooddame of the father,

" daughter to the Lord Lindsay; his gooddame of the mother, daughter to the

'* Earl Marischal ; who for his good services done to King James VL whom he

" faithfully served from his youth in many honourable employments, from a Cup-

*' bearer. Master of his Horses, Master of his House, Comptroller of his rents. Cap-

" tain of his Majesty's Guards, one of his Honourable Privy Council, was created

" Lord Scone. He married Dame Elizabeth Beaton, an ancient baron's daughter

" of Crich, died without issue, left his estate to his nephew of Balvaird, and to

" Dame Agnes Murray his niece, whom he married to a brother of the Earl of

*• TiUibardine's,from whom he first descended; he helped his other friends, who enjoy

" the fruits of his labour ; his buildings pruifs he was politique ; good men knew

" he loved virtue, and malefactors that he maintained justice; he founded this hos-

" pita], and builded this church ; his soul enjoys happiness : and under this tomb,

" builded by himself, lyeth his body, expecting the joyful resurrection."

To David, the first Viscount of Stormont, succeeded, as heir of provision and
entail, Mungo Viscount of Stormont aforesaid, in the honour and in the lordship
of Scone, and barony of Stormont. He married Dame Anne Murray, only daugh-
ter of Sir Andrew Murray of Balvaird, brother to the first viscount, and, after her
death, Anne, daughter of John Earl of Wemyss, widow of Alexander Lindsay of
Edziell ; but by neither of these two ladies, his wives, had he any issue ; and, de-
parting this life in September 1642, the lordship of Scone, and the honour of
Visccnmt of Stormont came to James, then Earl of Annandale, in virtue of the
Viscount's destination ; and so being the lesser dignity, it was immerged and ab-
sorbed in the higher honour of the Earl of Annandale, and there it remained for
about the space of sixteen years, that the Earl of Annandale dying without issue
m the 1658, the honour of Viscount of Stormont was again revived, and devolved
to David then Lord Balvaird, heir-male and of entail to David the first Lord Scone,
and Viscount of Stormont.

The ancestor of the Lord Balvaird was William Muriay of Letterbanachy,
second son to Sir David Murray of Arngosk, and Dame _fanet Lindsay his wife,
daughter of John Lord Lindsay, and uncle to David the first Viscount of Stor-
mont. This is vouched and clearly instructed from a charter granted by his
brother Sir Andrew Murray of Arngosk, Willielmo Murray fratri stio gerrnano, de
terris de Letterbanacbie, in vicecomitatu de Perth, et baredibus suis, in the 1553 («).

This William Murray of Letterbanachy, who was the second brother of the
family of Arngosk, allied in marriage with the House of Oliphant (6), andjhad
Andrew Murray of Letterbanachy, his eldest son, who died without issue, and

David, the second son, who was heir to his father, and at different times is de-
signed Duvid Murray de Linthill, de Balgony and Kippo. There is a charter I

(a) Chaita jenes Jacobum Murray de Abercaimy. (4) Herald books.
2

APPENDIX. 207

Lave seen, wherein he calls himself David Murray de BaIj{ony, filius et hares quon- .
dam IVdIielmi Murray de Letterbanacbie (a). He is by this designation substitute
in an investiture of the estate of Balvaird, in favour of Sir Andrew Murray of
Balvaird, in the 1604, to whom he was a cousin-german, and is placed before
David Murray, portioner of Airdeth, whom Sir Andrew calls liis unci?, his father's
brother, and who was an immediate younger brother to Wdliam Murray of Let-
terbanachy. This David Murray of Balgonie came after that to acquire from the
family of Halvaird the estate of Kippo in Fife, which he afterw'ards sold to Dr
. David Philp, rt««o 1623 (Zi). This gentleman married Agnes Moncrief, daughter
to the Laird of Moncrief (<), by whom he had issue,

Gilbert Murray, his eldest son, who died without issue,

Mr Andrew Murrav, the second son, afterwards Lord Balvaird,

William, the third son,

David, the fourth son, and

KATHARINE, a daughter, who was married to John Arnot of Pitouie, and had
issue.

Mr Andrew Murray, afterwards Lord Balvaird, being at first a younger brother,
was bred to the church, and, taking holy orders, he was soon after instituted mi-
nister of the parish of Ebdie in the shire of Fife, as soon as the 1618 (d). Upon
the death of Sir Andrew Murray of Balvaird, the presumptive heir of the Viscount
of Stormont, his lordship having no issue of his own, nor hopes of any, he from
henceforth considered Mr Murray as his heir-male, as indeed he was. The Viscount,
now moved from principles of honour and conscience to preserve his paternal
estate entire in the blood and line of the family, however he should dispose of his
other conquest, did now, in the 1625, upon the back of his nephew's death, take a
new investiture of the estate of Balvaird and Arngosk to himself in liferent, and
the fee to the heirs-male of his body ; which failing, to Mr Andrew Murray, mi-
nister at Ebdie; this deed is dated the 26th of November 1625 (e). Accordingly,
as heir of the investiture, he succeeded the Viscount of Stormont, his cousin, in
that part of his estate, on his death in the 163 1. Immediately on the back of
that he gets a charter of his whole estate, which was now very considerable, and
which he provides to the heirs-male of his body; which failing, to Mungo, then
Viscount of Stormont, and to the heirs-male of his body; which faihng, to the
heirs-male of the bodies of Gilbert, WilHam, and David Mm-rays, his brothers, }e-
spective. This charter is of the date the 14th of July 1632 (/). At the solem-
nity of the coronation of King Charles I. on the i8th of June 1633, Mr Murray of
Balvaird, the minister at Ebdie, was one of tliose gentlemen the king conferred
the honour of knighthood on, though he was an actual minister at the time : Mr
Murray was esteemed, and had the character of a wise, grave, prudent, pious man,
and well disposed to the whole frame of the government, and the constitution as
estabhshed by law: Possessed with all these qualities, he was pitched on as a very
proper member for the Assembly of Glasgow, in the 1638, where, by his temper,
authority, and moderation, he studied all that was possible to allay the heats, and
compose the differences that were there agitated with so much warmth and zeal in
reference to episcopacy, and the government of the church by bishops: His con-
duct and behaviour was much taken notice of by his Majesty's Commissioner the
Marquis of Hamilton, insomuch that the marquis was pleased to give the king a very-
good charadler of Sir Andrew Murray, as a clergymen well disposed to peace, for
healing breaches, and much averse from carrying matters to extremities on either
side. Though he still leaned to the king's side, he continued to sit in the Assem-
bly till the Commissioner thought fit to leave them, and he then retired with
others of the brethren who were not inclined or disposed to make those alterations
in the cortstitution of the church that were carried through, and driven on by the
remaining part of the Assembly. However, he took the covenant, when it was
enjoined by authority, as the only mean that was left for preserving the peace and
tranquillity of the kingdom, which was then strangely divided.

(a) Penes Abercairny, ad annum 161 2. (i) Herald books, MSS. (c) Charta penes Vicecomitem
de Stormont. {d) Ibidem, (f) Ibidem. {/) Ibidem.

io8 APPENDIX.

In the 1641, when the king came down to hold the Parliament in his owii
royal person, to cement all differences, to redress all grievances, and to give a ge-
neral satibfiiction, at the end of the Session he was pleased to create several peer--,
and, among the rest, Sir Andrew Murray of Balvaird was created Lord Balvaird.
by letters patent, the 14th of November 1641 (a). Soon after this he got a very
considerable accession to his estate, the barony of Stormont, by the death of his
cousin Mungo Viscount of Stormont, to whom he is served and retoured heir of
tailzie and provision in that barony in May 1643 C^^- With all this accession of
wealth and honour, he, notwithstanding, continued still to exercise his pastoral
function in the ministry at his parish of Ebdie till his dying day. The troubles
that ensued, and the fatal breach betwixt the King and the Parliament, had a con-
siderable influence on his health, and quickly hastened him to his grave. His
testament I have seen, dated the 24th of September 1644(6), and his death hap-
pened in three or four days thereafter. He married Elizabeth, daughter of David,
the first Earl of Southesk, by whom he had issue,

David Lord Balvaird, his eldest son and successor, thereafter Viscount of
Stormont.

Sir Andrew Murray of Pitlochie, of whom is Murray of Murrayshall in Perth-
shire.

James Murray, Esq. the third son, was a Doctor of Medicine, a man of learning
and reputation in his profession. He left a daughter, his heir, who was married to
Dr Robert Carmichael of Bamblae, mother by him to Dr James Carmichael of
Bamblae.

Sir John Murray of Drumcairn, the fourth son, who was educated to the pro-
fession of the law; and after he had long practised at the bar, with reputation,
learning, and integrity, he was promoted to be one of the Senators of the College
of Justice, where he continued till the Revolution. He left a daughter, Elizabeth,
who was the first wife of Francis the present Earl of Murray.

Mr William Murray, the fifth son, was a famous and celebrated lawyer before
the Court of Session, and was esteemed one of the first men of that profession in
his time. The Lord Balvaird had also three daughters,

Katharine, the eldest, was never married.

Barbara, the second, was married to Andrew Lord Gray of Foulis, and had
issue.

Marjory, the third, was married to Sir Alexander Gibson of Durie, by whom he
had only one daughter, his heir, who was married to John Murray of Polmaise,
in the county of Stirling, a very ancient family of the ^lurrays, and had issue.

David, the second Lord Balvaird, succeeded his father in his estate and ho-
nour: He was a high royalist, and adhered to the interest of the royal family
when it was at the lowest ebb of fortune, with inflexible fidelity. This exposed
him to the resentment of Cromwell, who, when he imposed fines on all men of rank
and condition that favoured the king's interest, in the 1654, the Lord Balvaird
was fined in L.1500 Sterling (d).

On the death of James Murray Earl of Annandale, as has been hitherto ob-
served, he succeeded to the honour and dignity of Viscount of Stormont, and to
the lordship of Scone, who had that honour and estate in his person. He married
Jean, daughter of James the second Earl of Southesk, and widow and relict of
James Earl of Annandale aforesaid, by whom he had David, his son and heir, and
a daughter, Katharine, who was married to William Earl of Kintore, and had issue.
He died the 7th of July 1667, and was succeeded by

David Viscount of Stormont, his son, who married Marjory, only daughter of
David Scott of Scotstarvet (f), heir-male of the most noble family of Buccleu"-h
by Nicolas his first wife, only daughter of Sir John Grierson of Lagg, and of his wife
Isabel, one of the daughters and heirs of Robert Lord Boyd ; and that way the
present Viscount of Stormont is come of one of the heirs of line of Sir James

(a) The book in the registers where these patents have been insert is torn out, but the minute-book
has it marked 14th November. (i) In archivis. (<r) Charta penes Vieecomitem de Stormont.

iV } Cromivell's Act of Indemnity. (c) Charta penes David Scot de Scotstarvet.

APPENDIX. aoy

Murray of Cockpool, who was elder brother to John Murray of Dundrenan, there-
after Viscount of Annan, and Jiarl of Annandale; for Sir John Griersoa of Lagg's
mother was eldest daughter of Sn- James Murray of Cockpool. Theother chil-
dren of the late Viscount of Stormont, besides David, now Viscount of Stormont,
are James Murray, Esq. who was bred a lawyer, and for some time practised be-
fore the Court of Session ; John, who died young ; Mr William Murray of Lin-
coln's-Inn, that great honour and ornament of his country and family ; Charles
Murray, Esq. and Robert, who died young ; hkewise six daughters;

Katharine.

Elizabeth, who died unmarried.

Marjory, married to Colonel John Hay of Cromlicks, second son to Thomas
Earl of Kinnoul.

Emilia, married to Sir Alexander Lindsay of Evelick, baronet, in the county of
Perth, hath issue

Margaret,

Helen-Nicolas,
Mary, who died unmarried.

He died on the 9th day of November 1731, and was succeeded by
D.wiD, now Viscount of Stormont, his son, who married Anne, only daughter of
John Stewart of Innernytie, by whom he has issue,
David, Master of Stormont,
James,
Anne, and
Marjory.

RUTHERFORD Lord RUTHERFORD, and E.arl of TEVIOT.

THIS was an ancient powerful family on the border, in the county of Teviot-
dalc ; the origin of the name and family, so far as the tradition may by credited,
is said to be descended from a person who was guide to Ruther, King of Scots,
through the river Tweed, in an expedition against the Britons, at a place from
that called Ruther-fo'd, which was bestowed on hnn, and from whence his descen-
dants took a surname, how soon surnames became hereditary. However this be,
so much is certain, that the family of Rutherford was always looked on as one of
the most ancient and powerful families that resided on the borders, and were a
race of very gallant brave men, frequently concerned in their inroads, and other
warlike entevprizes, made into England by the Earls and Lords of Douglas. The
first of the family of Rutherford, for which 1 have seen any voucher is Nicolaus dc
Rutherford, that is Rutherford of that ilk, who is one of the great barons in the
county of Roxburgh who swore fealty and allegiance to King Edward I. in the
bond of submission we call the Ragman-Roll (.i) ; as Alimtr de Rutherfurd makes
another submissi m to King Edward from the same authority we have just now
cited (6). The learned and exact hi urian, Dr John Barbour, Archdean of Aber-
deen, takes notice, in the History of King Robert the Bruce, of many gallant
brave men, who eminently exerted themselves in defence of the sovereignty and
independeiicy of their country, and in maintaining the right and title of their
glorious sovereign to the crown of this reahn ; and, among others, he mentions
Sir Robert Rutherford. The first of this ancient noble family that I have de-
signed of Rutherford, or of that Ilk, was Ricardusde Rutherfurddominusejusdem,miles,
who is a witness to a charter granted by William TurnbuU to William Stewart his ne-

(a) Prj-P.ne's Hist, page 68S. (*) Ibidem, page 688.

VoL.IL 6 0

oio APPENDIX.

phew, of the lands of IVfinto, in 1390, which is ratified and confirmed by a charter
under the Great Seal in the public archives. This Sir Richard Rutherford of
that Ilk, by his lady, who was a Douglas, had two sons; James, the eldest, his
heir and successor; and John, who had a grant horn Archibald Earl of Douglas,
f)f the lands of Chatto, anno 1424, and was the ancestor of the Rutherfords of
?Iunthill, who came afterwards to enjoy the honour of Lord Rutherford. James
Rutherford of that Ilk is one of the great men on the border who were conserva-
tors of the peace with England in the 1457 (^/), July the 13th. There are mark-
ed and ranked in the vouchers after the nobility, yirchibaldiis Rutberfurd vicecomes
dt' Roxburgh, Alexander Hume, Walterus Scot, Robertus Cricbton vicecomes de Niths-
dale, William Cranston^ Symon Glendining, David Hume, jnilites, Thomas Cranston de
eodem, 'Jacobus Rutberfurd de eodem, Joannes Johnston de eodem, Andreas Ker de
Cessford, Georgius Ormiston de eodem, Carolus Murray de Cockpole, IVillielmus Carlyle
de Tortborald. This James Rutherford of that Ilk was succeeded by another James
Rutherford of that Ilk, whom I have found designed Jacobus Rutberfurd filius et
bisres quondam Jacobi Rutberfurd de eodem, in a gift of the patronage of the kirk of
Rutherford that had formerly pertained to the Earls of Douglas (b). In the year
1483 he had a charter, under the Great Seal, of his estate, and to Margaret Ers-
kine, his spouse, who was daughter to the Lord Erskine, by whom he had issue,
Philip, his eldest son and heir apparent, who, in the lifetime of his father, married
Elizabeth Ker, daughter to Sir Walter Ker of Cessford, ancestor to the present
Duke of Roxburgh, by whom he had a son, Richard, his grandfather's heir, and
jwo daughters; Helen, who afterwards became her brother's heir, and married Sir
John Forman of Devon, brother to Andrew, Archbishop of St Andrews, Commen-
iiator of Pittenweem and Cudtingham in England (r), but had no issue; and Ka-
tharine, the other daughter, who was married to Sir James Stewart of Traquair,
son to James Earl of Buchan, and thereby got the estate of Rutherford and Well,
and is the ancestor of the Earl of Traquair, who carries the coat of Rutherford in
his achievement. Of the Rutherfords of Chatto and Hunthill the Rutherfords of
Chiarryhole were a branch; William Rutherford of Quarry hole married Isabel,
daughter to the above Sir James Stewart of Traquair, by whom he had issue a son,
Lieutenant-General Andrew Rutherford, first dignified with jhe honour of Lord
Rutherford, and after that raised to the title of Earl of Teviot, and a daughter.
Christian, who was married to Robert Durie of Grange, in the county of Fife,
whose descendants are heirs of line and provision to the Earl of Teviot, Lord
Rutherford, and now carry the title of Lord Rutherford. This illustrious person,
Lieutenant-General Rutherford, having acquired great honour, glory, and fame, by
his military achievements in foreign parts, was, upon the restoration of King
Charles II. raised to the honour of Lord Rutherford. In the preamble of the pa-
tent, the king's majesty is graciously pleased to give such a noble shining charac-
ter of Lieutenant-General Rutherford, the patentee, and does express and set forth
his merit and services in such terms, and so much to his honour, that it would be
unjust not to give at least hints of it here. His majesty declares the motive in-
ducing him to raise the said lieutenant-general to the dignity of Lord Rutherford,
was, " For his distinguished merit and extraordinary qualities in the service of
■' the crown of P>ance, in the quality of lieutenant-general ; as also the honour he
" hath not only done to his private family, but his country in general, by his
" glorious actions performed among foreign nations, both in peace and war, with
" equal valour and success, upon the public theatre of France, Italy, Germany,
•' and the Netherlands, and likewise the loyalty and constancy with which he
" hath always adhered to us, and with what zeal and readiness he ever stood affect-
" ed toward the serving of our cause ; and therefore raises him to the honour and
" dignity of Lord Rutberfurd, and to his heirs and assignees whatsomever, and
" that under wlwt provisions, restrictions, and conditions, the said Lord Ruther-
" furd shall think fit." The patent is dated at Whitehall the loth January 1661.
General Rutherford was made Governor of Dunkirk, which he enjoyed till it was
sold to France; upon that he v^'as raised to the honour of Earl of Teviot, by let-

(c) First Vol. Nisbet's Hist, {h) Chaita in rcgistro. (c) Charta in registro.

appendix:. 2ir

rers patent, bearing date the 2d of February 1662 Qi), and the honour is limited to
the heirs-male of his own body. Soon after that he was made Governor of Tan-
gier, where he died on the 4th of May 1664. The Earl, leaving no issue of his
own before he went over to Tangier, made his latter will and testament, dated at
Portsmouth the 29th of December 1663(1^), wherein he conveyed his estate and dig-
nity of Lord Rutherford to Sir Thomas Rutherford of Hunthill, a very remote re-
lation, merely on account of the name, who accordingly enjoyed the honours of
Lord Rutherford, as did also liis two brothers. Lord Archibald and Robert, in
course of succession; and all of them having not only died without lawful issue, (upon
which the heirs-male of the famdy of Hunthill became entirely extinct) but also
having incurred the irritancies contained in the Earl's disposition of the honours in
their favour, the said honour, title, and dignity, of Lord Rutherfurd, in conse-
sequence of the above-incurred irritancies, legally devolved on John Durie of
Grange, the Earl's grand-nephew, and heir of line and provision, served and retour-
ed 167 1, and are accordingly possessed by his son, George, the present Lord
Rutherford, served and retoured heir of line, tailzie, and provision, to that noble
Earl in his title and dignity of Lord Rutherford, in 1733.

George Lord Rutherford married Mrs Margaret Ogilvie, only child of Captain
David Ogilvie of the Scots Guards, by whom he has issue,

David, Master of Rutherford, and a daughter. Agatha.

Of the ancient and honourable family of CAMPBELL of Glenorchy,

NOW DIGNIFIED WITH THE TITLE OF EaRL OF BREAD ALBANE.

THIS noble family derives it original from Sir Colin Campbell of Glenorchy,
second son of Sir Duncan Campbell of Lochow, ("ancestor to the Duke of Argyle)
by the Lady Marjory Stewart his wife, daughter of Robert Duke of Albany, Earl
of Fife and Monteith (c), second lawful son of Robert II. King of Scotland, and
Governor of the Kingdom during the reign of King Robert III. his brother, and
the minority of King James I. his nephew. Sir Colin was provided by his father
to the barony of Glenorchy ; which estate he enlarged by several considerable
acquisitions of his own, confirmed to him by grants from the king. Upon
his father's death he became tutor-in-Iaw and guardian to his nephews, the sons
of his eldest brother; which office he executed with great fidelity. To Colin, the
eldest, afterwards created Earl of Argyle, he procured in marriage Dame Isabel Stew-
art, his lady's second sister,and one of the daughters and co-heirsof John Lord Lorn ;
and Dame Mariota Stewart, the third of these co-heirs, to Archibald Campbell, ano-
ther nephev/of his, from whom the old branchof the Campbells of Otter are descend-
ed ((f). After the execrable and unnatural murder of that excellent prince King
James I. Sir Colin Campbell of Glenorchy, who had the honour to stand nearly related
to him in blood, was very active and diligent in searching for and pursuing ths regi-
cides, and was so successful in this undertaking, that he very soon apprehended and
brought to justice two of the most notorious of the assassins, Christopher Col-
quhoun and Robert Chalmer, who had been drawn into that hellish conspiracy

(/?) In the registers of Parliament. (i) Extract of the latter will and test.raient of the Earloi^
Teviot, Lord Rutherford, out of the register of the prerogative court of Canterbury, dated 29th of De-
cember i66j. (c) For instructing this descent there is a charter granted by Robert Duke of Albany,
liilecto filio suo Duncano Campbell de Lochow, militi, of the lands of Minstry, on his own resigna-
tion, penes ducem de Argyle, in the foundation-charter of the collegiate church of Kilniun, by Sir
Duncan Campbell the knight of Lochow, anno 1445, Colinus Campbell de Glenorchy, filius meus, is a
Tlie charter is in the register. (</} Chatters in the registers vouching all these factS'

■zrz APPENDIX.

'ay the Earl of Athol, chief contriver of that barbarous tragedy ; in recompense ot
which eminent service to trie crown and kingdom, he afterwards got a grant fiom
King James III. of the lands and estate of Lawers, to himself, and the h'-irs-male
to be begotten betwixt him and Dame Margaret Stirling, then his wife (c), which
King James V. afterwards ratified and confirmed by his charter ; the preamble
and narrative of which bears, that the lands had been given " per nobilissimum
'• avum nostrum Jacobura Tertium bona; memorias, quondam Colino Campbell de
" Glenorchy, militi, et hasredibus suis masculis inter ipsum et quondam Margare-
" tarn ytrivelyne sponsani suam, pro bono et fideli servitio per dictum quondam
" dominum Colinum factam, in arrestatione et captione quondam Thomae Chal-
" mer, qui interfiiit crudeli interfectione quondam nobilissimi predecessoris nostri
" Jacobi Primi bonae memoriae." There is another grant from the crown, in the
records, of the lands of Auchuarach, bearing date the 3d of November 1466, to
the same Sir Colin and Dame Margaret Stirling, then his lady (/). In the 1485
Sir Colin is a witness to two several charters granted by Malise Earl of Monteith
to John and Walter Grahams, his younger sons, which is ratified by a charter
under the Great Seal in the archives ; after this he is witness to a charter granted
by Angus Menzies of Comrie, " Willielmo Stewart de Ballendoran et MariotjE
" Campbell sponsae sua;, filiae Colini Campbell de Glenorchy, de terris de Inner-
" erchan in comltatii de Strathern, infra vicecomitatum de Perth, pro eorum vita,
-* et Waltero Stewart, eorum filio, et haeredibus suis. Datam apud Lochtay
" quinto Octobris 1498." Of three sons of this Walter Stewart of Balindoran
are the Stewarts of Balquhidder descended.

This Sir Colin Campbell, founder of the family of Glenorchy, according to the
memoirs still preserved in the family, was a just, and generous, gallant, and brave
man, eminently loyal to his several sovereigns with whom he was cotemporary :
He travelled much into foreign parts, was one of the Knights of Rhodes, now de-
signed, of Malta, and by his conduct and valour acquired immortal glory and
honour : He lived to a great age, and saw a numerous progeny descended of him-
self : He built the house of Castle-Kilchurne in Glenorchy, which is still a seat of
the family, and died in the year 1498, and was interred in the chapel of the Bles-
sed Virgin at Finlarig, at the west end of Loch-Tay, which continues to be the
burial place of the family.

Sir Colin Campbell of Glenorchy married first Dame Mary, one of the daugh-
ters of Duncan Earl of Lennox, but she dying soon after the marriage without
children, her estate, which was considerable, returned to the family of Lennox {^).
After her death he married Dame Margaret Stewart, the eldest of the three daugh-
ters and co-heirs of John Lord Lorn, by whom he had,

Sir Duncan his heir ; with this lady he got a third of all the lordship and estate
of Lorn, which yet remains in the family ; and upon that account it is that the
family have always quartered the coat of Stewart Lord Lorn with their own pater-
nal achievement. He afterwards married Margaret, daughter of Robert Robert-
son of Struan (/)), by whom he had a son, John, who was educated to the church,
and took holy orders ; and upon the demise of Angus, Bishop of the Isles (2 ), he
was preferred to that see, and in 1506 he was joined in commission from the crown
with David bishop of Argyle, to set in tack the crown lands of Bute (k). He
died in the 1 509 (/).

By the said Margaret Robertson he had also a daughter, Margaret, who was married
to Sir Archibald Napier of Merchiston ; from two sons of which marriage are de-
scended the present Lord Napier (m). and Sir Theophilus Napier of Luttonhoe,
knight baronet in England in the county of Bedford (?i^.

(c) Charter under the Great Seal in the public registers, (f) In the public archives, charta in Re-
gistro. ( g) Contract of marriage still extant in the archives of this noble family, (i) Charta penes
comitera de Breadalbane. (i) Vita; Episcoporura Sodoren. MSS. penes me. (i) Charta in pubhcis .
archivis ad annum 1506. (/) VitiE Epis. Sodoren. (/«) Charta in publicis archivis Arch. Napier de
Merchiston, et Margaretse Campbell sponstE sua* ad annum 1509. (^n^ Cliarta penes Dom. Napier, and
'he Baronage of England.

3.

APPENDIX. 213

Sir Colin married again Margaret, daughter of Luke Stirling of Keir, an an(^ent
family in the shire of Perth (0), by whom he had •

First, a son, John, ancestor to the family of Lawers : the eldest son of which
family married the heiress of Loudon ; and upon fadure of issue of the second son,
to whom the estate descended, it returned to t\Lijor-General Campbell, uncle to
the present Earl of Loudon.

Secondly, a daughter, Helen, w ho was manned to William Stewart of Balin-
doran or Balquhidder, grandson of Murdoch Duke of Albany (/)), of whom are
descended a numerous tribe of the Stewarts in Balquhidder, in tlie west end of
Perthshire.

Sir Duncan Campbell succeeded his father Sir Colin, whose estate having be-
come very considerable, he had his designation from it, even in h»s father's life-
time, as appears by a charter under the Great Seal in the records, bearing date the
26th February 14S0 {g), erecting several lands in the barony of Kilmichael,
" Colino Comiti de Argyle, ct hasredibus masculis de corpore suo legitime pro-
" creatis, sen procreandis ; quibus deficientibus, Duncano Campbell de Glen-
" orchy ;" which fr.iling, to several other substitutes in the course of succession
therein described. Sir l^uncan was in a good degree of confidence with his sove-
reign King Jarnes IV. and shared in his favours ; for he obtained from him a
grant of a royal baihary, first temporary, and afterwards perpetual, extant in the
public archives, " dilecto familiari suo D. Tuncano Campbell de Glenorchy, pro
" suo fideli servi'-io nobis impenso et impendendo oSicium Baliatus omnium et
" singularum terrarum nostrarum de D3-sher, Toyer, Glenlyon ac baroniae de
" Glendochart." This grant is dated 3d September 1498 (r) : He also obtained
another grant from the king of the port of Loch-Tay (s), and a third grant of die
lands of Glenlyon, to himself in liferent, and to Archibald Campbell his son, in
fee, and the heirs-male of his body ; which failing, to Patrick Campbell his bro-
ther-german ; and, failing his heirs-male, to John Campbell, son to the deceased
Sir Colin Campoell of Glenorchy, who was ancestor to the family of Lawers. The
charter is dated the 7th of September 1502 Q) ; and in the year 1503, he acquired
the lands and barony of Finlarig, lying in the lordship of Glendochart, in the
sherifl'dom of Perth. The charter of which lands is dated 22d of April in that
year («). Sir Duncan accompanied his sovereign King James IV. to the battle of
Flodden, where he was slain, v/ith his master and the flower of the nobility and
gentry of Scotland, on the unfortunately memorable 9th of September 1513 (,v).
His body, being known by his friends and followers, was brought off the ^eld, and
carried to the chapel of Finlarig, where it was interred.

Sir Duncan Campbell, in the year 1476, married the Lady Margaret Douglas,
daughter of George Earl of Angus, and sister to Archibald then Earl of Angus ()');
by which marriage he strengiho;ned his family with many great and noble alli-
ances. In the contract of marriage, which is by way of solemn indenture, the
Earl of Angus, the lady's brother, is party-contractor for her : the portion con-
tracted is 6o3 merks ; for payment whereof Robert Douglas of Lochleven, an-
cestor to the present Earl of Morton, and Alexander Ramsay of Dalhousie, prede-
cessor to the Earl of Dalhousie, the lady's brother-in-law, became cautioners, and
Elizabeth Countess Dowager of Angus, her mother, gave the cautioners her bond
for their rehef. This marriage brought many noble and honourable alliances to
the family; for the lady had one sister married into the family of Rothes, another
to the Lord Graham, ancestor to the Duke of Montrose, a third to the Laird of
Dalhousie, ancestor to the Earl of Dalhousie, and a fourth to Robert Graham of
Fintry. By this lady Sir Duncan had issue,

(0) Charta penes Dominum Lawers, etiam charta in publicis archivi?, ad annum 1525. Ifi) Charta
in publicis archivis, ad annum 1464, terrarum de Ballndoran Jacobo de Albania. (y) In the public
registers. (r) Charter under the Great Seal by King James IV. in the registers. (.1) A charter in the
records, of the date the 4th of July 1498- (() Charta in rotulis Jacobi {Juarii ad annum 1502. (a) Charta
In registro ad annum 1503. (t) Charta penes comitem de Breadalbane. (1) Charta penes ducem de
Douglas, and Mr Hume's History of the House of Douglas, and the life of Gavin bishop of
Dunkeld.

Vol. 1L 6 P

214 APPENDIX.

First, Sir Colin, who succeeded him.

Secondly, Archibald, who was provided to the fee of the estate of Glenlyon, in
the charter thereof granted by the king to his father (a), and was ancestor to the
branch of the Campbells of Glenlyon.

Thirdly, Patrick., who is substitute to his brother in the succession of that
estate (b).

And fourthly, A daughter, who was married to the Laird of Monyvaird in the
shire of Perth (<■}.

Sir Colin Campbell, the second son of that name, and third in the course of suc-
cession of this noble family, was a very accomplished gentleman ; his relation to
the House of Angus linked him in a firm friendship with the Douglases and the
Earl of Angus.* It is no small addition to the honour of his memory, that he was
of great use, and very aiding and assisting to his cousin-german. the learned and
famous Gavin Douglas, Provost of St Giles, in procuring him peaceable possession
of the Episcopal See of Dunkeld, to which he was promoted in the year 1514 (J),
against a very powerful competitor, Andrew Stewart, Prebend of Craig, brother
to the Earl of Athol, for nothing else but the just esteem and regard which Sir
Colin had for the merit of that great prelate, who was one of the chief ornaments
of his age, could have so zealously attached him to his interest, notwithstanding
the relation he stood to him in blood, in opposition to that of Mr Stewart, who was
his brother-in-law.

Sir Colin Campbell of Glenorchy married the Lady Margaret Stewart, daugh-
ter of John Earl of Athol, (who was uterine brother to King James IL) by his
second lady' Dame Eleanora Sinclair, daughter of William the great Earl of Ork-
ney, who was Lord Chancellor in the reign of King James IL (<?). This marriage
increased the honour and interest of the family, by the addition of many great
and noble alliances of the first rank and quality in the kingdom, particularly the
lady's youngest sister was married to John Earl of Lennox, by whom she was mo-
ther to Mathew Earl of Lennox, who was Regent of Scotland in the minority of
King James VI. of Scotland, his grandson, and the first monarch of Great Britain ;
and by the said Lady Margarfet Stewart Sir Colin had issue three sons, Duncan,
John, and Colin, who were all successively Knights of Glenorchy; and a daughter
Katharine, who was married to Sir William Murray of Tullibardin, ancestor to the
Duke of Athol. Her daughter was mother to the Earl of Marr, Treasurer of Scot-
land (/).

Sir Duncan Campbell, second of that name, and the fourth lineal representative
of this noble family, married Dame Margaret Colquhoun, daughter of Sir John
Colquhoun of Luss, Knight, a very ancient and honourable family in the west, by
Dame Agnes Stewart, his wife, daughter of Matthew Earl of Lennox (^), by
whom he had only one daughter, Margaret, who was married to John M'Dougall
of Raray in Lorn, a family of great antiquity. Sir Duncan died in the year 1534 {h),
and in default of heirs-male, to whom the estate was provided, he was succeeded
by his brother

John Campbell of Glenorchy, who married Dame Marion Edmonstone, daugh-
ter of Sir Archibald Edmonstone of Duntreath, a family nobly descended, posses-
sed of an opulent fortune, and supported by many noble alliances. By her he had
no male issue, but only two daughters,

Margaret who was married to Alexander Home of Argaty in the county of
Perth. And

Christian, the second, to Edward Redheugh of Cultabragin, in the same coun-
ty (/); and upon his demise he was succeeded by his brother

(«) Charter in tlie registers, (i) Ibidem. W Charta penes comitem de Breadalbane. (</) Life of
Gavin Bishop of Dunkeld, prefixed to his noble translation of Virgil, (f) Lives of the Officers of State.
(/) Charta in publicis archivis Willielmo Murray de TuUybardine, et Catharine Campbell sponsse sua;,
ad annum 153S. (^) Charta in publicis archivis ad annum 1498. (A) Charta in publicis archivis, .

(j) From vouchers in the registers in the i J58, it appears, that these two ladies, the heirs of line, and at law,
of John Campbell of Glenorchy, make over their title of the lands of Ardbeath, to Cohn Campbell of
Glenorchy, their uncle.

APPENDIX. 215

Sir Colin Campbell of Glenorchy. He had the character and reputation of a
gentleman of great wisdom and prudence. He built the House of Tayniouth in
Bieadalbane, now the principal seat of the family, and another seat at Edniample,
which, with that estate, became afterwards a patrimony to a younger brother of
the family. He was among the first of his quality who went into the reformation
of the church, not in a tumultuary, but regular manner, by addressing the Queen
Regent, in whom the government was tlien lodged, to grant the reformers the ex-
ercise of their religion, at least till matters were regularly settled in a legal way,
and wus on the side ot the reformed in the Parliament 1560, w hen the Protestant doc-
trine first received the sanction of law. Sir Colin being in firm friendship with
the Earl of Marr, smd a great confident of his during his regency, was in the year
1573 joined in commission with the Earl of Morton, the Lord Chancellor, the
Lord Ruthven, afterwards Earl of Cowrie, the Lord Treasurer, the Secretary of
State, the Commendator of Dunfermline, the Lord Register, M'Gill of Netiier-
Rankeillor, the Lord Justice Clerk, and others, for settling a firm and lasting poli-
cy and government in the church (a). He died in the year 1584, and was inter-
red among his ancestors in the cliapel of Finlarig.

Sir CoLiiV married Dame Katharine Ruthven, daughter of William Lord Ruth-
ven the great reformer, by Dame Janet Halyburton, one of the three daughters,
and co-heirs of Patrick Lord Halyburton of Dirleton. This marriage brought a
numerous train of relations to the family (b); for the lady had a sister, Dame
Lilias Ruthven, who was married to David Lord Drummond, ancestor to the
family of Perth, another to the Lord Gray, and a third to Sir David Wemyss of that
Ilk, progenitor of the Earl of Wemyss ; and others of them were married to
the barons of Strathurd, Aldie, Lundin of Lundin, Elphinstone, and the ancient
family of Wood of Bonnyton ; and by that marriage Sir Colin had issue.

First, Sir Duncan, his eldest son and successor.

Second, Colin Campbell of Ardbeath (c).

Third, Mr Patrick. Caripsell of Auchinryre, who dying without issue, the lands
returned to the family.

Fourth, Archibald Campbell, who got a part of the barony of Monzie, by the
marriage of Margaret, daughter and heir of Andrew Toshach of Monzie (t/), and
likewise died without issue ; and four daughters.

First, Beatrix, married to Sir John Campbell of Lawers, ancestor to the Earl
of Loudon, and from a younger son the family of Aberuchill is descended (e).

Second, Margaret, married to James Earl of Glencairn, to whom she had Wil-
liam Earl of Glencairn, and several daughters, all honourably married, and from -
whom several noble families are descended, viz. Katharine, the eldest, married to Sir
James Cunningham of Glengarnock ; Anne, the second, to James the second Mar-
quis of the illustrious House of Hamilton, by whom she was mother to James and
William, both Dukes of Hamilton ; Margaret, the third, to Sir James Hamilton,
Baron of Evandale, and afterwards to Sir James Maxwell of Calderwood ; Mary,
the fourth, to John Crawford of Kilbirnie, ancestor to the Viscount of Garnock ;
and Susan, the fifth, to Alexander Lauder of Hatton.

Third, Mary, married to John Earl of Monteith (^fj, by whom he had William
Earl of Airth and iNIonteith, afterwards Earl of Strathern, Lord President of the
Council in the reign of King Charles I. and a daughter Christian, who was married
to Sir John Blackadder of TuUiallan, Bart.; and after the Earl's death she was
married to Sir Colin Campbell of Lundie, son to the Earl of Argyle.

Fourth, Elizabeth, married to Sir John Campbell of Ardkinlas, of whom that
family is descended.

Sir Duncan Campbell of Glenorchy succeeded his father. Sir Colin. His great
parts and integrity procured him the favour and esteem of King James VI. who

(fl) Bishop Spottisvvood's History of the Church of Scotland, (i) Spottisvvood's MSS. of the House of
Ruthven. (<-) Charta in rotulis, ad annum 1558. (d) Charta in publicis archivis, ad annum 1584.

(^e) Colin Campbell, the second son of Sir John Campbell of Lawers, got a charter from his father of the
lands of Aberuchill in the ijijC- (/) Charta penes ducem de Montrose, ad annum 1587. (|-) Mr Ry-
mer'sFoedera Anglis.

zi6 APPENDIX.

named him one of the barons that assisted at the coronation of Queen Anne, his
royal consort (a), the i8th of May 1590, when he had the honour of knighthood-
conferred upon him. In the reign of King Charles I. he was made Sheriff-Princi-
pal of the sherilldom of Perth, an office that had formerly been hereditary in the
family of Gowiie, which he enjoyed till his death. He was also advanced to the
dignity of a Knight Baronet, by patent bearing date 30th June 1672. and at the
same time got a grant of ic or 15,000 acres of land in Nova Scotia (4). And as this fa-
mily had the keeping of the royal forestry of Mamlorn, Berenakansauche, alias
Bendaskerlie, Finglenbeg, and Finglenmore, for a long time, by temporary grants
from the crown, he, in the year 161 7, obtained the heritable right thereof to him-
self and his heirs-male,- with ample privileges (c). The said Sir Duncan died in
the month of June 1631, and was interred in the burial-place of the family at the
chapel of Finlarig (rf).

Sir Duncan married first Lady Jean Stewart, daughter of John Earl of Athol,
sometime Lord Chancellor, by Dame Margaret his wife, daughter of Malcolm Lord
Fleming, ancestor to the Earl of Wigton. This lady had two sisters, Grisel,
Countess of Crawford, and Anne, Countess of Errol ; and, by her, Sir Duncan
had a numerous issue of both sexes, which made a considerable addition to the alli-
ances and relations of the family, already so numerous as to vie with any other in
the kingdom, viz.

First, Sir Colin who succeeded him.

Second, Sir Robert Campbell of Glenfalloch, who succeeded his brother.

Third, Duncan, who died young.

Fourth, John.

Fifth, Archibald of Monzie, of whom are descended the Campbells of Loch-
land and Finnab, and several others.

Sixth, Duncan,

Seventh, Alexander, who both died young; and three daughters,

First, Jean, married to Sir John Campbell of Calder, Knight, of whom John
Campbell of Calder, Esq. is the lineal heir.

Second, Anne, married to Sir Patrick Ogilvie of Inchmartin, ancestor to the pre-
sent Earl of Findlater and Seafield.

Third, Margaret, married to Sir Alexander Menzies of Weem, Knight. After
the death of Lady Jean Stewart, Sir Duncan married Dame Elizabeth Sinclair,
daughter of Patrick Lord Sinclair, by whom he had a son

Patrick Campbell, to whom his father gave in patrimony the lands and barony
of Edinample, and a daughter

Jean, who was married to John Earl of Athol, mother by him to John the first
Marquis of Athol.

Sir Colin Campbell of Glenorchy, the second baronet of the family, succeeded
his father in his honours and estate. He married Juliana, daughter of Hugh Earl
of Loudon ; but dying without issue in September 1640 (c), he was succeeded by
bis brother

Sir Robert Campbell of Glenorchy, formerly of Glenfalloch, who, in the life-
time of his brother, married Isabel, daughter of Sir Lauchlan M'Intosh of Tore-
castle, Captain of the Clan-Chattan, a powerful tribe in the Highlands, by Dame
Agnes Mackenzie his wife, daughter of Kenneth Mackenzie of Kintail, ances-
tor to the Earl of Seaforth, by whom he had a great many children of both
sexes.

First, Sir John, his eldest son and successor.

Second, Sir Colin Campbell of Monchaster, predecessor to Campbell of Car-
whin.

Third, William Campbell of Glenfalloch.

Fourth, Alexander Campbell of Lochdochart.

Fifth, Duncan Campbell of Auchlyne, and the following daughters,

(a) Mr Rymer's Foedera Anglias. {b) Patent in the registers- Chart
de Bieadalbane. (r^ Charta in publicis archivis, ad aiHium 1617- WJCha
{e) RetDur in the Chancery.

APPENDIX. 217

First, Margaret, who was manicd to John Cinieion of Locliiel, Captain of
the Clan Cameron, to whom slic had the famous and brave Sir Evan Cameron.

Second, Mar.y, raanied to James Campbell of Ardknila^ ; their son Sa- Colin
was the lir>t baronet of the family.

'Ihad, Jean, married to Duncan Stewart of Appin, by whom he had only one
da; gtlier, Margaret, married to Ale.\ander Campbell of Loclmell, by whom she
was mother to Sir Duncan Campbell of Lochnell.

Fourth, IsABELL, married to Robert Irvine of Fedderet, son to Sir Alexander Ir-
vine of Drum, by whom he had two daughters, his heirs ; the one was married to
Gordon of Gight, and the other to Thomas Fiaser of Strichen.

Fifth, JuLiANE, married to John M'Lean of Lochbowie.

Sixth, to Robertson of Lude.

to Robertson of Fascalkie.

to Toshach of Monivand.

ta Campbell of Glenlyon.

Sir John Campbell of Glenorchy, the fourth baronet in this lionourablo family,
wai a gentleman of good parts, and great honour and integrity, which gained him
universal esteem. He married Lady Mary Graham, daughter of William Earl ot
Monteith, Strathern, and Airth, Lord Justice-General in the reign of King Cliarles
I. by Agnes his wife, daughter to Patrick Lord Gray ; and by the said Lady Mary
he had issue one son,

John, who was afterwards created Earl of Breadalbane; and a daughter, who
was married to Sir Alexander Menzies of Weem, Baronet. After the death of his
fir^i lady he married Christian, daughter of John Mushet of Craighead in Mon-
teith, by whom he had several daughters, of whom are descended Archibald
Campbell of StonenelJ, present Sherifl" of Argyle, the family of M'Naaghtan of
that iik. Campbell of Aiids, Campbell of Ardchattan, and several others.

Isir John Campbell, the fifth baronet in the tamily of Glenorchy, having, dur-
ing the times of the usurpation, testified his duty and lojalty to his exiled sove-
reign King Charles II. by his counsel, and the assistance he gave to the forces that
appeared for his majesty in the Highlands, under the command of Lieutenant Ge-
neral Middleton, as well as by using his utmost endeavours with General Monk,
to declare for a free Parliament, which was judged the most effectual way tor re-
storing the king ; he was for these services, and other considerations, taken into
the king's favour and confidence. He served in Parliament as representative of
the shire of Argyle, in which he zealously concurred with other royalists in re-
scinding tiie acts, that had been made during the war, limiting the royal preroga-
tive, and restoring things to the same state they were in before the king's affairs
were embarrassed. Sir John Campbell was a man of great penetration and
judgment; he acquired from the Earl nf Caithness the whol'C estate of the earldom
of Caithness ; an.i that earl likewise resigned his honours in the king's hands, in
favour of Sir John Campbell after his own death ; accordingly, upon his demise,
Sir John was created Earl nf Caithness, by letters patent under the Great Seal,
granted to him and his heirs-male, 28th June 1677 («) ; which title, in the year
1681, he exchanged, by his n'ajesty's appr(>bation, for that of Earl of Breadalbane,
taken from his paternal estate (b). His Lordship was m great favour with King
James VII. one of his Privy Council, and a faithful adherent to his interest while
any hopes of serving him remained : But these views being disappointed by the
revolution, and he, out of aifection to his country, desirous to have the peace ot
it settled, he submitted to the nei*' goveriiment, and undertook to use his endea-
vours to prevail with the heads ni' the clans to lay down their arms. This gave a
handle to his enemies to chalknge his conduct, and even to arraign him in the
Parliament 1695 ; but the bare laying open his transactions defeated rheir designs,
and sufficiently vindicated his maiia'rement fr-mi all the aspersions and calunmies
injuriously tb own out against it, and most unjustly defend-.-d by Bishop Buinet,
who, as he l.aJ no opportunity of co nin? at the truth of this matter, was never
very anxiou^ 11 discovering it, when it did not serve his turn. But as this is not
a proper place to enlarge on things of this nature, it shall be no farther insisteii iIl^

(«) Charta in canccUarla. (.h) Ibidem ad annum 1681.

Vol. XL 6 Q^

2i8 APPENDIX.

though it can be evidenced to conviction; and King William was so sensible of the
injustice done to the Earl, that he resented the hard usage he met with from his
ministry. His Lordship was a sincere lover of his country, and his zeal for the ho-
hour and independency of it, which he conceived greatly prejudged by the treaty
of Union, induced him to act in concert with those wiio were in arms in 1715 ;
but, by reason of his advanced age, and the firm adherence of his son the Lord
Glenorchy, now Earl of Breadalbane, to the government, he was not included in
the attainder which was pronounced against the other noblemen and gentlemen,
who were embarked in that unfortunate design.

His lordship married first the Lady Mary Rich, daughter of the noble and va-
liant Henry Earl of Holland in England, by his Lady Elizabeth, daughter and
heir of Sir Walter Cope of Kensington. This Henry was son of Robert Earl of
Warwick, by the Lady Penelope his wife, daughter of Walter Earl of Essex, who
was ambassador and plenipotentiary in the treaty of marriage between King
Cliarles L and Henrietta Maria, daughter of Henry IV. of France. He was Cap-
tain of the Guard, Groom of the Stole, General of the Horse, in the first expedi-
tion to Scotland in the 1639, and Knight of the Most Noble Order of the Garter.
He suflered for his loyalty with the Duke of Hamilton, by the same pretended
court of justice that had proceeded against the king in the 1649. By Elizabeth
Countess of Holland, daughter and heir of Sir Walter Cope of Kensington, he had
Robert Earl of Warwick and Holland; and, besides the Earl of Breadalbane's lady,
he had three other daughters, the Lady Frances, who was married to WiUiam
Lord Paget, Lady Isabella to Sir James Thynne of Longleate, ancestor to the pre-
sent Viscount of Weymouth, and Lady Susan to James Earl of Suffolk : By the
above Lady Mary P.ich the Earl of Breadalbane had two sons,

Duncan, who died unmarried; and

John Lord Glenorchy, who succeeded him in his honours and estate. After her
death he married Lady Mary Campbell, daughter of Archibald Marquis of Argyle,
Countess Dowager of Caithness ; by whom he had a son

Mr Colin Campbell, who died unmarried. He had likewise a daughter,

Lady Mary, who was married to Archibald Cockburn of Lanton, who has left
by her two sons and a daughter. The eldest of which sons is the present Sir Alex-
ander Cockburn, Baronet.

John, the second Earl of Breadalbane, is Lord Lieutenant of the county of Perth,
and one of the sixteen peers who represent Scotland in the British Parliament.
His Lordship married first the Lady Frances Cavendish, the eldest daughter, and
one of the co-heirs of Henry Duke of Newcastle, by which he became allied
to many great and noble families in England ; for the Duke had another daughter
married to the Earl of Thanet, another to the Earl of Clare, created Duke of
Newcastle, a third married to the Duke of Albemarle, a fourth to the Earl of
Sunderland, who was Secretary of State in the reign of Queen Anne, to whom she
had a daughter, Countess of Carlisle ; but the Lady Frances Cavendish died with-
out any surviving issue.

His Lordship married a second lady, Henrietta, daughter of Sir Edward Villiers,
knight, fourth son of Edward Viscount of Grandison, who was brother to George
the great Duke of Buckingham, the favourite of two succeeding monarchs, (James
VL and Chales L) Her sisters, who were all nobly married, Barbara to John
Viscount Fitzharding, Anne to William Earl of Portland, Elizabeth to George
Earl of Orkney, Mary to William Earl of Inchiquin, and Katharine first to the
Marquis de Pizzare, a French gentleman, and afterwards to William Villiers,
Esq. a relation of her own. The Lady Frances Villiers, wife of Sir Edward Vil-
liers, was dau,a;hter of Theophilus Howard Earl of Suffolk, by the Lady Elizabeth
Hume, his wife, daughter and co-heir of George Earl of Dunbar, Lord High Trea-
surer of Scotland in the reign of King James VL Sir Edward Villiers was, by
King William, created Earl of Jersey.

By Henrietta Countess of Breadalbane the Earl has had issue,

1st, John Lord Glenorchy, his only son and heir apparent; and two daugh-
ters.

Lady Charlotte Campbell, a young lady of great beauty and extraordinary
accomplishments, who died unmarried universally lamented ; and

APPENDIX. 219

Lady Henrietta Campbell, who, in 1736, was appointed one of the Ladies of
the Bed-chamber to their Royal Highnesses the Princesses Ameha and Carolina ;
in which honourable station her ladyship still continues.

John, Lord Glenorchy, son and apparent heir of the said John Earl of Breadal-
bane, in the year 171 8 was made Master of the Horse to the Princess Royal of
Great Britain: and in the 1720 sent Envoy Extraordinary and Plenipotentiary to
the King of Denmark : In which honourable office he continued till the death of
his Danish majesty in 1730. In 1725 his Lordship was created one of the Knights
of the Most Honourable Order of the Bath, upon the revival of that order, which
has been long in desuetude. In the 1727 his Lordship was elected member of
Parliament for the borough of Saltash, in the county of Cornwall; which place he
still represents.

His Lordship, in 171 8, married the laiy Amabell de Grey, eldest daughter of
Henry Duke of Kent, by Jemima his lady, daughter of the Lord Crew ; by whom
he had one son,

Henry, who died in his infancy, and one daughter called Jemima ; who, by
the death of her grandfather, the Duke of Kent, ni the year 1740, succeeded to
his Grace's estate, and to his title of Marquis Grey, as likewise to ths barony of
Lucas of Crudwell. Her Ladyship is married to the honourable Philip Yorke, eldest
son and heir apparent of the Right Honourable Philip Lord Hardwicke, Lord High
Chancellor of Great Britain. His Lordship afterwards, in i 730, married Mistress
Arabella Pershal), grand-daughter and heiress of Sir Thomas Pershall of Sugnall,
in the county of Stafford, Baronet, a very ancient and honourable family ; by
which marriage his Lordship now enjoys a considerable estate in that county ; and
by the lady he has two sons,

George, Master of Glenorchy, and John Campbell, Esq.

The armorial achievement of the noble family of Breadalbane is blazoned on
the 31st page of the First Volume of this System.

SHANK OF THAT Ilk.

SHANK of that Ilk was a very ancient family in Mid-Lothian, where, to this
day, it gives name to a plentiful fortune.

Murdoch Shank, who was an immediate son of Shank of that Ilk, settled in
Kinghorn in Fife, and got lands there in the reign of Robert Bruce, arino

1319-

By a charter of confirmation (^anno 1360) of the mortification of a chapel and
hospital in Kinghorn, the lands of Robert Shank are mentioned as part of the
boundaries of said chapel and hospital ; the bounding clause of the charter is as
follows ; " Nee non dare, concedere, et hac piKsenti carta mea confirmare, et in
" contemplatione, et intuitu pro perpetuo, Deo et gloriosissima; A'lariie Virgini,
" et Sancto Jacobo, et omnibus Sanctis, in supplementum sustentationis miserabi-
" liuni personarum, et pauperum in dicta hospitali comniorantium, at pauperum
" in ea. casta fide ; tres missas celebrari in perpetaum, pro salute animarum patris
" msi et matris meas, et anrecessorum et successorum meorum, fundum et terram
" super quibus diet, capella et hospitalis aedificat. erant in omnibus boundis suis,
" viz. fiuinen maris ex parte australi, et terras Roberti Schank, ex parte occiden-
" tali ei boreali, et terras meas propria'> ex parte orientali." The account of that
family settled ,n Fife is as foUoweth : Robert Shank was married to Isabel Irvine,

who had a son by her, John Shank, married to Kirkaldy ; who had a

son by her, Henry Shank, married to Christian Melville, daughter to the Laird of
3

220 APPENDIX.

Raith, infeft and seised in the year 1442 ; who by her had a son, Martin Shank,
manied to Alison Boswell, daughter to Glassmont Boswell, in the year 1482 ; who
by her had a son, Martin Shank, married to Bessie Lochore, and infeft anno 1520 ;
who had by her a son, Henry, married to Bessie Balfour, daughter to John Balfour
of Ballovv, in the year 1565; who had by her a son, Henry Shank, married to Janet
Cunningham, daughter to Robert Cunningham of Woodlield, in the year 1609;
who by her had a son, Martin Shank, married to Christian Reedie, daughter
to John Reedie, shipmaster in Burntisland, anno 1640 ; who by her had a son,
Henry Shank, married to Agnes Balfour, daughter to Alexander Balfour in Bal-
garvie, anno 1669, who by her had two sons, Martin and Alexander; Martin mar-
ried to Margaret Downie, daughter to Thomas Downie, merchant in Edinburgh ; who
by her had a son, Alexander, who is presently possessed of the lands mentioned
in the fore-cited charter, and is married to Mary Burnet, daughter to Mr Jonn
Burnet, late minister at Monymusk in Aberdeenshire, of the ancient and honour-
able famdy of Leys Burnet.

This gentleman bears the same arms that the ancient family of Shajik of that
Ilk bore, which by Sir David Lindsay his Manuscript Heraldry is gules, on a fesse
urgent, a hawk's lure of the first, betwixt a cinquefoil in chief, and a falcon's leg
or shank, chased and belled in base, of the second, with helmet and mantling suit-
able ; on a wreath of colours is set, for his crest, an eagle, in a rising posture, of the
field : motto, on an escrol above, the word Spero.

Alexander Shank., Esq. takes the designation of Castlerig, that being the name
of those lands in Fife which belonged to his ancestors.

GORDON OF GORDONBANK.

JAMES GORDON of Gordonbank, in the sheriffdom of Berwick, eldest lawful
.ion of James Gordon of Newtack, was second son of John Gordon of Avachie,
who was a cadet of Gordon of Straloch, now of Pitlurg, in the shire of Aberdeen,
bears azure, on a cheveron betwixt three boars' heads couped or, a hand grasping
a sheaf of arrows, proper, all within a bordure of the second, charged with eight
crescents, gules ; crest, a dexter hand issuing out of a cloud, grasping a sheaf of
arrows paleways, all proper : niotto, Legibiu IS annis.

OGILVIE OF Barras in the shire of Kincardine.

THE ancient progenitors of this family were heritors of the lands of Balnagarro
in Angus, and the first of them seems to have been a son of Ogilvie, who first
purchased the lands of Innerquharity, by a charter of confirmation, dated at Tam-
tallan the 8th October 1455, granted by George Earl of Angus, Lord of Liddisdale
and Jedworth Forest, confirming a charter granted by Alexander Lord Ogilvie of
Auchterhouse, and Sheriff of Angus, with consent of Walter Ogilvie his brother,
TO their cousin Andrew Ogilvie, brother-german to John Ogilvie of Innerquharity,
of the lands of Balnagarro and Chapelton, with the pertinents, lying within the
regality of Kirrymuir, and sheriftdom of Forfar, dated at Auchterhouse the penult
day of August 1455. The lands now belong to Sir John Ogilvie of Innerquharity,
and these charters are in his custody. This Andrew seems to have been cousin-

gennaii to the Lord Aiichterhousc, and to tlie foresaid Walter Ogilvie, who was
the first Lord High Treasurer of Scotland. See Crawfurd's Oilicers of State,

page 537- ,

And indeed they appear to have been a long time inheritors of that place :
However, Williuin Ogilvie, second son to the last Laird of Balnagarro of that race,
whose mother was the only daughter and child of Ogilvie of Kallouv, who was
son to the first Lord Ogilvie ; I say, this William Ogilvie married Katharine
Strachan, daughter to Strachan of Bridgeton in Angus, and niece to Strachan of
Thornton in Merns, and his eldest brother being dead, William came to the
Merns with Margaret, daughter to the Lord Ogilvie, who was married to the Earl
Marischal, to whom he was a near relation by his mother, and brought the re-
mains of the price of the estate of Balnagarro, which his father sold, and laid ii
in the Earl Marischal's hand, for which the Earl gave him a wadset-right upon
the lands of Lumgair, about L. 50 Sterling of yearly rent.

George Ogilvie, his only son, married Elizabeth, daughter to Mr John Douglas
of Barras, by Jean, daughter to Eraser of Dores. This Mr John was fourth law-
ful son to William the tenth Earl of Angus, and third of that name, by Giles, a
daughter of Sir Robert Graham of Morphy, the said Earl's other three sons being
Wdliam his heir, Sir Robert of Glenbervie in the Merns, and Mr Gavin of
Bridgeford, ancestor to the present heiresses thereof. The foresaid Earl was son
of Su' Archibald Douglas of - Glenbervie, and Agnes, daughter to Robert Lord
Keith, eldest son to William the second Earl Marischal, grandchild to Sir Wil-
liam Douglas of Braidwood, and Elizabeth, sole heiress of Sir James Auchinleck
ol ^iknbervie, and great-grandchild to Archibald the sixth Earl of Angus, and
first of that name, who was Chancellor of Scotland, and commonly called Archi-
hiild Bell the Cat, and Elizabeth, daughter to Robert Lord Boyd. George's con-
tract of maniage is in the custody of Sir William, his great-grandchild, and bears
date the last day of January 1634. He purchased the lands of Barras from the
eldest son and heir of Sir John Douglas, his brother-in-law, at the earnest desire of
Mr Douglas's nearest relations, as appears by a writ under their hands, in Sir
William's custody.

■V^iLLiAM Earl Marischal, in the time of the usurpation, being by King Charles
IL and Committee of Estates intrusted with the care and keeping of the house
and castle of Djnotter, in which were lodged, among other valuable things, the
ancient monuments of the kingdom of Scotland, viz. the crown, sword, and
sceptre, he looked out for a man of fidelity, loyalty, and courage, to be governor
and lieutenant of that fort, and pitched upon George, afterwards Sir George
Ogilvie of Barras, as a person having these qualifications, (in which neither he nor
his prince were deceived), wherefore he gave him a commission for that elVect,
which bears date at Stirling the 8th day of July 1651, and which is subjoined to
this memorial. No. i.

In the executing of which commission he showed to the world that his fidelity
and loyalty were impregnable, and his courage undaunted ; for he looked with
great disdain and contempt upon the threatcnings, and large and fair promises of
the rebels, and kept out that castle as long as it was in his power, and after all the
other castles in the kingdom were given up to the Usurper's army, as is evident
from two letters, and a summons by the commanders in chief of the enemy's
army, and the governor's answer to these letters, all subjoined, No. id, 3d, 4th
and 5th. The reason that the governor said in his answer. No. 4th, that he had
his commission from the king and none else, probably was for the safety of the
Earl Marischal's person, and preservation of his houses; yet after perusing the
letters subjoined. No. jtii, 8th, 9th and loth, he might be allowed to s.iy, that
although he had his commission first from the Earl Marischal, (who was then
prisoner to the rebels) he then had it from his majesty. The governor at last
would not surrender the castle (even when he was not able to hold it out) but
upon honourable terms, which were made betwixt him and Colonel Thomas Mor-
gan, who, with a considerable body of the Usurper's army, lay at the Black Hill
of Dunotter bombarding and cannonading the castle, by order of General Richard
Dear.

Vol. n. 6 R

;;: APPENDIX.

Among tlie capitulations betwixt tlie governor and Colonel Morgan, dated the
26th Mav 1652, there was one, which would appear inconsistent with the governor's
character, to wit, that he should deliver up to the colonel the above-mentioned ho-
nours of Scotland, if in the castle; and, if not, to give a good account of them.
Now, for the vindication of that gentleman's character, it will be necessary to give
a short genuine account, what was become of these ancient monuments, and liow
by a good providence they were kept out of the hands of the rebels in the time
of the usurpation, and, after the restoration, delivered safe and entire to his Ma-
jesty King Charles II.; in which account there shall be nothing insert but what
is sufficiently documented by the original papers subjoined.

Captain George Ogilvie of Barras, being governor of the castle of Dunotter,
us is said, did carefully preserve the foresaid regalia, some papers belonging to his
majesty, the registers of the church of Scotland, James 1. Duke of Hamilton's
papers, and the monuments of the University of St Andrews, and did faithfully
restore them all to the ri'ght owners, or others having their commission, as appears
by the Earl Marischal's receipt for the king's papers, subjoined No. 6th. Alexan-
der Lord Balcarras, his receipt for the church registers, in virtue of a power from
the commission of the kirk, a letter from Anne Dutchess of Hamilton to the go-
vernor, and her servant's receipt, and a letter frorn the University of St Andrews,
and their servants receipt ; all which are registered in the register of probative writs,
at Edinburgh the 6th of March 1701.

The king's papers were, before the surrender of the castle, packed and sewed up
in a girdle of linen by the, governor's lady, and the same put about the middle of
Anne Lindsav, her relation, afterwards wife to Doctor Willocks, minister at Kem-
noe in Aberdeenshire, and after that manner conveyed out of the castle, and saved
from the enemy.

As to the regalia, the governor and his lady preserved them with extraordinary
care while in the castle; but at last, seeing a powerful army at the gates every
day bombarding the fortress, and having little or no hopes of relief, notwithstand-
mg the king had their comfortless circumstances much at heart, as appears by a
letter from his majesty, written with his own hand, under Lieutenant-Geneial
Middleton's cover, delivered to the governor by Sir John Strachan, both w^hich
letters are subjoined. No. 7th and Sth: They consulted betwixt themselves how to pre-
serve these ancient and royal monuments, in the event that through want of assistance
the castle should be either taken or surrendered. About which time the Lord Bal-
carras wrote the governor to deliver the honours to Sir Arthur Forbes, ancestor to
the Earl of Granard in Ireland; and the Earl of Loudon, Chancellor, wrote him
likewise to get the honours transported to some remote and strong castle in the
Highlands, conform to their letters registrate in the register of probative writs, at
Edinburgh the 6th of March 1701, and hereto subjoined. No. 9th and loth.

But the governor not having the trust from these lords, and fearing, that, in the
way they proposed to carry off the honours, they might fall into the enemy's hands,
the governor and his lady contrived and made up a letter, as if from the honour-
able Mr John Keith, the Earl Marischal's brother, and afterwards Earl of Kintore,
(who was then abroad) directed to the governor, and bearing, that he was safely
arrived at Rotterdam, with the crown, sword, and sceptre of Scotland, to be delivered
to his Majesty King Charles 11. ; which letter, if the castle was either taken or sur-
rendered, was to be dropped, in order to fall into the enemy's hands; and the go-
vernor and his lady agreed that the regalia should be conveyed out of the castle to
some private and secure place, of which place he was not to know for some time,
for fear, that in case he fell into the hands uf the rebels, he might by torture be
obliged to divulge the place : And the way that the governor's lady fell upon to
transport the regalia was, to cause Christian Fletcher, spouse to Mr James Grainger,
minister at Kinnessc, go to Stonehive, the next burgh, and buy a quantity of flax,
which being put on her servant's back, she and her servant came through the ene-
my's camp just before the siege, telling, she wanted to go into the castle to speak
to ihe governor's lady, which they permitted, and promised her and her servant a
safe regress ; which happening, the governor's lady (without the knowledge of her
hu band) packed up the crown, sword, and sceptre, in the burden of flax, that Mrs
Grainger's servant maid had carrying upon her back, and so dismissed them, with

APPENDIX. >2.t

orders to cause liiJe iho icg.ilKi under ground, ia the kirk of Kiancsse, but to l;;kj
special care that they shoukl be well wrapped up in clean linen, and the same
frequently renewed, because it could not last long under ground ; the value ct
which linen, and all otlier charges anent preserving of tiic regalia, with a suitable
reward for pains, was paid by the governor to Mr Grainger and his wife.

This was a very great trust by the governor's lady to Mrs Grainger, and most faith-
fully executed by that worthy gentlewoman, and her worthy and reverend husband
the minister of Kinnesse ; within which parish the governor had an estate, and hi.s
manor-house, whereby his lady had good opportunity to know that the minister
and his wife were persons deserving of trust, otherwise, let the event be what it
will, she could not have answered to have given them such a trust.

Soon after, the governor was necessitated to surrender the castle to the Usurper's
army, as is said, wlio looked upon their getting into their custody the honours of
our ancient kingdom, a much greater advantage than the possession of tliac house,
and, upon their disappointment, would of consequence be much chagrined.
Short time after the surrender of the castle the above letter fell into the enemy'.^
hands, which was tliought would contribute to the preservation of tlie royal me-
nu.nents, and to the peace and safety of the governor, his lady, and family.

But when the Usurper's officers had searched tlie castle, and did not find the re-
galia, they were much more out of humour than before they had got the possession
of that fortress ; and so it appeared by their treatment of the governor and his
lady, which was the cause of the death of the last.

They required the governor, upon his word of honour, to perform that article of
capitulation, at the surrender, of delivering up the regalia, or to give a good ac-
count of the same ; and he, without breach of honour, told, that he did not know
where they were, but had seen a letter, bearing, they were carried abroad to his
Majesty King Charles II. to which they gave no credit. Thereafter they exa-
mined his lady, who asserted they were carried abroad to the king, to which thcv
gave as little trust; so their next course was, at one time, to threaten the governor
and his lady with torture, and, at another time, to promise them large rewards; to
give an account of the honours ; neither of which were prevailing arguments with
tuch loyal and worthy persons.

After which the governor's estate was sequestrated, and he and his lady both
confined prisoners to a room in the castle for the space of a whole year ; during
which time they v.-ere not allowed the use of a servant, but treated with the hardest
usage, until the loth of January 1653, that Sir Robert Graham of Worphy gave a ,
bond to present the said Captain George Ogilvie and his lady, true prisoners to the
then governor of Dunotter, when called for, under the failzie of L. 2000 Sterling,
by which they were obliged not to go above three miles from their own house:
At last, upon James Anderson of Uras giving a bond for L. 502 Sterling more,
tiiey were allowed six \''eeks to go about their lawful business; the governor, after
his lady had told him that she had trusted the honours to Mr Grainger and hi^
wife, it seems, became suspicious, and wrote a letter to Mr Grainger, which oc-
casioned the honest minister, in vindication of his fidelity, to write the answer sub-
joined, No. nth.

And according to it the governor came and took home with him the sceptre;
but, it seems, gave a receipt for the whole, and took Mr Grainger's obligation to
to deliver the crown and sword upon demand, which is subjoined No, 12th.

Whether the minister was afraid to be baulked of his reward, or if any other
was insisting to have these jewels, to whom he might produce the governor's re-
ceipt, is unknown.

After the Restoration he sent up his son, the late Sir William Ogilvie of Bar-
ras, to London, to get his majesty's directions what to do with the regalia, who
gave in to his majesty a petition to that effect, and was ordained to deliver them to
the Earl Marischal of Scotland; which petition and deliverance are subjoined
No. 13th. How* soon this order came to Captain George Ogilvie, the late go-
vernor's hands, he delivered up the regalia, to wit, crown, sword, and sceptre, to
William Earl Marischal, entire, complete, and in the same condition that he had
received them from his Lordship, conform to the Earl's holograph receipt subjoined
No. 14th.

124

APPENDIX.

As Captain George Ogilvie and his lady had acted a very dutiful and loyal part
in preserving of the honours, for about the space of eight years, and thereby suf-
fered not only great hardships in their persons, but also a great loss of their means,
they were not altogether left unrewarded by his majesty, who, by patent dated 5th
March 1661, made Captain George Ogilvie a knight baronet, and gave warrant to
the Lord Lyon to matriculate his coat of arms in the Lyon Register, conform to
the blazon underwritten: In which, for his signal service to the king and country,
he is allowed to bear a crowned thistle, the royal badge of Scotland, and got for
his motto, Praclarum regi Si" regno servitium. His armorial bearing is blazoned
thus, argent, a lion passant gnrdant gules, crowned with an imperial crown, and
gorged with an open one, both proper, holding in his dexter paw a sword, proper,
defending a thistle vert, (in the dexter chief) ensigned with a crown or, with the
badge of knight baronet, by way of canton in the sinister chief; crest, a demi-man
armed at all points, proper, holding forth his right hand; and on an escrol the
foresaid motto.

His majesty likewise, by a charter dated 3d March 1662, granted by him in
favour of the said Sir George Ogilvie upon the lands of Barras, changed the
holding of the said lands from ward to blench; which charter is ratified in Parlia-
ment the nth of August 1679, in which patent, charter, and ratification. Sir
George's services above-mentioned are specified as the onerous causes; to whom
succeeded his only child,

Sir William Ogilvie, v.ho was three times married ; first, to Margaret, daughter
to Forbes of Leslie, and relict to Turing of Foveran, both in the shire of Aber-
deen ; secondly, to Marjory, daughter to Rait of Halgreen, by whom he had one
daughter, Margaret, married to Ogilvie of Pilmuir; thirdly, to Isabel, daughter to
Sir John Ogilvie of Innerquharity, baronet, by whom he had David, his heir, Mr
William, Helen, and Jean Ogilvies: Mr William married Mary, daughter and
heiress of Gordon of Braichly, and relict of Mr Isaac FuUarton, advocate, by whom
he has one daughter, named Margaret; Helen married Lindsay of Pitscandly; and
Jean was Lady Carsbank.

Sir David Ogilvie was three times married; first, to Susanna, daughter to Scott
of Benholm, by whom he had the present Sir William, and a daughter named
Katharine, married to Hercules Taylor, younger of Burrowfield, in Angus; se-
condly, to Jean, daughter to George Ross of Clochan of Aberdeen, merchant, by
whom he had three daughters, Isabel, Elizabeth, married to Peter Anderson of
Bourtie in Aberdeen, there, and Mary; thirdly, to Anne, daughter and co-heiress
to Mr John Guthrie of Westhall, a cadet of Guthrie of that Ilk, by whom he
had five children, David, James, Anne, Margaret, and Susanna. His eldest son
and heir.

Sir William Ogilvie, has been twice married ; first, to Elizabeth, daughter to
Barclay of Urie, by whom he had two sons, David and John ; and his present lady
is Anna, daughter to the above Mr Isaac Fullarton, by whom he has akeady three
daughters, Mary, Susanna, and IsabeL

No. I. Commission William Earl Mariscral to George Ogllvie of Barras, to be
Governor of Dunotter Castle.

Forasmuch as the King's Majesty and Committee of Estates have entrusted the care
and keeping of the house and castle of Dunotter to us William Earl Marischal,
and have allowed forty men, a lieutenant, and two Serjeants, to be entertained
within it, upon the public charge; therefore, we do hereby nominate George Ogil-
vie of Barras to be our lieutenant for keeping of the said house, and gives unto
him the sole and full power of the command thereof, and of the men that are to be
entertained therein for keeping thereof, under us, with power to him to bruik, en-
joy, and exerce the said place, with all fees, dues, and allowances belonging thereto,

APPENDIX. 225

as fully, in all respects, as any other lieutenant in such a case may do. In witness
whereof, we have subscribed thir presents at Stirhng the 8tli July 1751.

Marischall.

Archibald Primrose, witness.

William Keith, witness.

Alexander Lindsay, witness.

No. 2. Overton's Letter to the Governor.

Gentlemen,
I HAVE power to demolish your own, and the remainder of my Lord Marischall's
houses in thir parts, except you timeously prevent the same, by giving up the
castle of Dunnottar to the use of the state of England, upon such terms as other
gentlemen of honour have heretofore (when the forces of this nation were more
significant) accepted. You may observe this season, which the most significant
persons of your nation close with, by putting their persons and estates under our
protection: You may likewise consider how imprudent, at least improvident, a
part It may be reputed in a time of pacification, for your arms to be the only an-
tagonists to an army, whose arms God Almiglity hath hitherto made successful
against your most considerable citadel ; I dare not promise you the hke oppor-
tunity for good terms in future to come off upon, as is ready upon speedy capitula-
tion at present to perform, who rests.

Your humble servant,

R. Overton.
Stonhyve, Novem. %th 1651.

Directed, To the Honourable Governor
of Dunnottar Castle, and to the rest
of the Gentlemen there.

No. 3. Button's Letter to the Governor.

Honoured Sir,
Whereas you keep Dunnottar Castle for the use of your king ; which castle
doth belong to the Lord Marischall, who is now prisoner to our Parliament of
England ; these are to advise and require you, in their names, to surrender the
said castle to me for their use ; and I do assure you, by the word of a gentleman,
that you shall have very honourable and soldier-like conditions : If you refuse this
offer, then, if any thing shall happen to you, contrary to your expectations, by
the violence of our soldiers, blame yourself and not me; for I may tell you, that
the Lord hath been pleased to dehver unto us many stronger places by storm than
that is, since our unhappy difference hath been, and I doubt not but the same
God will stand by us in our attempts in this. I desire your speedy answer, and
shall rest,

Sir,

Y'our very humble servant,

Tiio. Dutton..
Stonhyve, Novem. nth 1651.

Directed thus, For the Commander
in Chief of Dunnottar Castle, these

No. 4. The Governor's Letter to Dutton, in answer to the above two Letters.

Honoured Sir,
Whereas you \m I'e that I keep the Castle of Dunnottar for the use of the
king's majesty, which house, as you say, doth belong to the Earl Marischall, you
Vol. n. 6 S

226 APPENDIX.

shall know that I have my comtnission absolutely from his majesty, and none else ;
neither will I acknowledge any man's interest here, and intends, by the assistance
of God, to maintain the same for his majesty's service upon all hazard whatsom-
ever. I hope you have that much gallantry in you as not to wrong my Lord
Marischall his lands, seeing he is a prisoner himself for the present : Whereas you
have had success in former times, I attribute it to the wrath of God against us for
our sins, and to the unfaithfulness of those men who did maintain the same, none
whereof you shall find here, by the Lord's grace, to whom I commit myself.

And am. Sir,

Your very humble servant,

George Ogilvie.
Dunnottar, Nov. 22. 1651.

No. 5. Lambert's Summons to the Governor.

Sir,
Being desirous to avoid the effusion of blood, and the destroying of the country,
r have thought fit to send you this summons to surrender up the castle, with the
provisions of war thereto belonging, in my hands, for the use of the Parliament of
the commonwealth of England. If you shall hearken hereto with speed you shall
have conditions for yourself, and the soldiers under your command, as may befit a
roan of honour, and one in your condition. I expect your speedy answer.

And am. Sir,

Your servant,

Lambert.
Dundee, "Jan. 3d 1652.

Directed, For the Governor of Dunnottar Castle.

NTo. 6. Receipt Karl Marischal to the Governor of Dunotter, for the King's
Papers.

We William Earl Marischal grants us to have received from George Ogilvie,
sometime governor of Dunnottar, some papers belonging to the king's majesty,
which were in the Castle of Dunnottar the time of his being governor there, in
two little coffers ; which papers, consisting to the number of eight score sixteen
several pieces, whereof there are four packets sealed, and one broke open : Of
which papers I grant the receipt, and obliges me to warrant the said George at his
majesty's hands, and all others whatsomever, by this my warrant, signed, sealed,
and subscribed at London the first day of December 1655.

Marischall.

No. 7. The King's Letter to the Governor, ^i

Gentlemen,
Assure yourselves I am very careful of you, and sensible of your affections to
me. Give credit to what this bearer shall say to you, and observe any directions
you shall receive from Lieutenant General Middleton : You shall shortly hear from
me again, and I would have you find some way frequently to advertise me of your
condition, which I shall take all possible care to reheve.

Charles R.
Paris, 0.6th March 1652.

APPENDIX. 227

No. 8. General Middleton's Letter to the Governor.

My Dear Friend,
I AM SO overjoyed that you in this time do behave yourself so gallantly, that I
shall be most desirous to do you service : The particulars I remit to the bearer,
my cousin and yours, to whom give trust, since he is particularly instructed from
him, who shall rather perish than be wanting to his friend, and v?ho in all condi-
tions is, and shall be yours,

J. M.

No. g. Lord Balcarras's Letter to the Governor.

Sir,
You are now, I believe, hardly in expectation of relief; and ye know how much
it concerns not only the kingdom, but yourself in particular, that the honours be
secured. I shall therefore again desire you, by virtue of the first warrant which
you saw, and of this likewise which I have lately received, and now send you in-
closed, that you deliver them immediately to the bearer Sir Arthur Forbes, whose
receipt of them, under his hand, I do hereby declare shall be as valid for your ac-
quittal and liberation, as if you had it under the hand of your atfectionate friend
to serve you,

Balcarras.
Duffies, nth October 1651.

Postscript, I shall not now repeat the arguments I used to you at Dunnottar;
if they were strong then, I am sure they are much more now, for the
condition of business is much altered since. I say no more, but remem-
ber what 1 then spoke to you as your friend.

Directed, For tlie Governor of Dunnottar.

No. 10. The Chancellor's Letter to the Governor.

Sir,
Your letter of the last of October came to my hand upon the 9th of Novem
ber instant ; and the ParUament being appointed to meet here upon the 12th day,
I stayed the bearer, in expectation that I might return you the Parliament's an-
swer and orders ; but the Parliament not havmg met, and there being no meeting
of the Committee of Estates, I can give you no positive advice nor order ; but 1
conceive, that the trust committed to you, and the safe custody of these things
under your charge, did require, that victual, a competent number of honest and
stout soldiers, and all other necessaries, should have been provided, and put in the
castle, before you had been in any hazard ; and if you be in good condition, or
that you can timely supply yom'self with all necessaries, and that the place be
tenable against all attempts of the enemy, I doubt not but you will hold out ; but
if you want provisions, soldiers, and ammunition, and cannot hold out all the as-
saults of the enemy, which is feared, and thought you cannot do, if you be hardly
pursued, I know no better expedient than that the honours of the crown be speedi-
ly and safely transported to some remote and strong castle or hold in the High-
lands ; and I wish you had delivered them to the Lord Balcarras, as was desired by
the Committee of Estates, nor do I know of any better way for preservation of these
things, and your exoneration; and it will be an irreparable loss and shame if these
things shall be taken by the enemy, and very dishonourable for yourself. I have
herewith returned your letter to the Lord Balcarras, hearing he is still in the north,
and not to come to this country. I have written to Sir John Smith to furnish you
the remainder of the victual you wrote he should b^ve given you ; if he be in the
north you will send it to him, but if he be gone home to Edinburgh, I cannot help u ',

228 APPENDIX.

so having given voli the best advice I can at present, I trust you will, with all care
and faithfulness, be answerable, according to the trust committed to you, and I
shall still remain

Your very assured.

and real friend.

Loudon, Cancellarius.

Finlarge, Novem. i^th 1651.

Directed thus, For my much respected friend,
George Ogilvie, Governor of Dunnottar.

No. II. Mr James Grainger's Letter to the Governor.

Sir,
I HAVE received yours, and before it came to my hand, I had secured the things
you know of, upon the night time, and am persuaded, though any army should
come they could not be the better; so that there needs no fear: As for myself,
my neck shall break, and my life go for it, before 1 fail to you ; yet some little
difficulty makes me loth they should be transported as yet, vvhilk shall be fully
made known to you at meeting, whilk, 1 desire, shall be on Monday once a day;
and if you be loth to come here, send me word and I shall come to you : But, for
the business itself, fear no more nor if they were in your house presently ; tor I
trust he who hath preserved them in my custody till this day will preserve them
in safety till they go as ye yourself desires ; so, till meeting, I continue

Your real and true

Friend and servant,
, J. Grainger,

Kinnesse^ July zist 1C60.

To his honoured and loving friend,
the Laird of Barras elder.

No. 12. Mr James Grainger's Obligation to the Governor.

Whereas 1 have received a discharge from George Ogilvie of Barras, of the ho-
nours of this kingdom, and he hath got no more but the sceptre ; therefore I
obHge myself, that the rest, viz. the crown and sword, shall be forthcoming at de-
mand, by this my ticket, written and subscribed this same day. I received the
discharge the 28th September 1C60.

J. Grainger.

Mo. 13. Petition by the Goveriior's Son to the King, with his Majesty's Deliverance
thereon, anent the Regalia.

TO THE King's most excellent Majesty,

The Humble Petition of William Ogilvie, Son to George Ogilvie of Barras,.

Sheweth,
That whereas your petitioner is sent up here by his father, to give your ma-
jesty notice, that his said father hath had, and still preserves the crown, sword,
and sceptre of Scotland in his custody, long before the English possessed the castle
of Dunottar, with great hazard of his life, and long and strait imprisonment, which,
occasioned the death of his wife : and in respect of your petitioner's father his

APPENDIX. 229

great interest with these honours, he could not desert that great charge to come
here and attend your Majesty himself.

Wherefore he hath sent your petitioner to have your Majesty's particular
order, in relation to the foresaid honours.

Whitehall, September i%th 1660.
** His Majesty ordains the petitioner's father, to deliver his crown, sceptre, and
" sword to the Earl of Marischal of Scotland, and get his receipt of them.

" Lauderdale."

No. 14.. The Earl Marischal's Receipt for the Regalia.

At Dunnottar the 8th day of October 1660, I William Earl Marischal grants
me to have received from George Ogilvie of Barras, the crown, sword, and sceptre,
the ancient monuments of this kingdom, entire and compleat, in the same condi-
tion they were entrusted by me to him, and discharges the foresaid George Ogil-
vie of his receipt thereof, by this my subscription, day and place foresaid.

Marischali..

Of the family of CALDER.

THE destruction of our ancient records has not only been an irretrievable loss
to the nation in general, but also to many particular families : the memory of
many heroic achievements performed in service of the country, and of many no-
ble famihes who deserved well of it, are thereby buried in oblivion, while the rise
and origin of many great and powerful families is either wholly left in the dark,
or, at least, rendered doubtful and uncertain : It is for this reason, and some others
which shall be hereafter noticed, that the family of Calder, though anciently
dignified with the highest titles of honour then in use in this kingdom, and still in
an opulent and flourishing condition, are not able to trace themselves back to their
first original, nor condescend upon their founder.

The first account history gives of the Thanes of Calder is about the year 1047,
during the usurpation of Macbeth : Amongst several nobles v/ho became victims to
the cruelty and avarice of that tyrant, Buchanan enumerates the Thane of Nairn,
whom Boetius and Holinshed design Thane of Calder. This mistake of Buchan-
an, (who perhaps took too much upon trust) has probably been occasioned by rea-
son of the vicinity of the chief seat of the family of Calder to the town of Nairn,
a considerable part of their estate lying within that county ; but there is great rea-
son to believe that the family had been of a considerable standing previous to that
period, and before they attained to that degree of grandeur and honour they are
then represented to have been placed in.

The next Thane of Calder we find on record is Hugo de Cadella, who was very
instrumental in the restoration of King Malcolm Caiimore, and liberally rewarded
by that generous prince {a); but it is not evident what relation he was to the for-
mer Thane : however, there is good reaNon to believe that it was very near, and
it is highly probable he was his son. We are assured, that, amongst other acts of
gratitude and justice. King Malcolm restored the posterity of such as had suffered
by the tyrant's cruelty to their predecessors' estates, from the names of which many
ancient families, among whom that of Calder assumed their surnames (6), a custom

(a) Home's history of the family of Douglas. {b) Buchanan, Dr Abercromby.

Vol. n. 6 T

230 APPENDIX.

then introduced by that wise and pohtic prince, with a view to put an end to tlie
violent feuds that then raged in the country.

To this Hugh succeeded his son Gilbertus tie Cadella, who in the year 1104 got
a charter from King Edgar of the lands of Calder, Stc. which is said to be still ex-
tant in the Lawyers' Library at Edinburgh. He was succeeded by

Alexander, his son, who discovered a conspiracy of the Macdonalds, Murrays,
and Cumings, to assasinate King Alexander I. at Bell-Edgar, in his expedition to the
North (c); for which good service, this prince, on his return, confirmed to him the
thanedom of Calder, Stc. in the 11 12. •

After this Alexander there is nothing found on record concerning the family of
Calder for three generations; only in the year 1230, Helen, daughter to the family
of Calder, was married to Schaw Macintosh of that Ilk (d).

In the year 1260 mention is made of Dovendalus, or Donald, Thane of Calder,
who is said to have valued the barony of Geddes at L. 24 Scots per annum, and
that of Kilravock at L. 12 Scots, from which some judgment may be formed of
the value of lands at that time. He was succeeded by his son

William, whose daughter Finvola was married to William Macintosh of that
Ilk, and he was succeeded by his son

Thomas, who adhered to the interest of King David Bruce, against Edward Ba-
liol ; and for his fidelity and good services to that prince was knighted by him ;
and was slain in battle fighting against the Cumings, who sided with Bahol about
the year 1350 (f). He left behind him a daughter, Jean, who was married to Hugh
Eraser, Land of Lovat, and a son who succeeded him.

William, Thane of Calder, who was murdered by Sir Alexander Rait of that
Ilk about the year 1380, and the lands of Rait were given to the Thane of Calder's
heir in consideration of his father's murder.

William succeeded his father, concerning whom we have nothing memorable.
There is yet extant a charter anent settling the marches of their lands betwixt him
and Hutcheon Rose of Kilravock, dated the 29th December 1408. He was suc-
ceeded by his son

Donald, who, in anno 1430, obtained a charter of confirmation of the thane-
dom of Calder, and heritable sheriffship of the shire of Nairn, from king James I.(/),
and enlarged his former estate by several new acquisitions. He had two sons, Wil-
liam and Hutcheon, or Hugh; Hutcheon attended Alexander Earl of Huntly in his
expedition against the Earls of Crawford and Douglas, then in rebellion against the
king; and Huntly having routed the forces of these two Earls at the battle of Bre-
chin, anno 1452, Hutcheon, being too eager in the pursuit, was taken prisoner by
the enemy, and brought to Finhaven, whither Crawford had fled; but he being
alarmed, while at supper, with the news of Huntly's being at hand in pursuit of
him, fled with such precipitation, that, among several other prisoners who made
their escape, Hutcheon was one, and carried off" the silver cup out of which Craw-
ford drank, which he presented to Huntly at Brechin as a sure evidence of Craw-
ford's flight ; for which service Huntly, upon his return home, gave him the lands
of Asswanly, and George Duke of Gordon gave to his successor a massy silver
cup gilded, whereon the history of this action is engraven to preserve the remem-
brance of it (^). From this Hutcheon is descended the family of Muirton, the
present Sir Thomas Calder of Muirton being a great-grandchild of the family of
Calder of Asswanly *.

(r) MSS. History of the family of Macintosh, {d) MSS. History of Kilravock's family, (f) Boe-
•ius. (f) Chatta penes D. de Calder. {g) History of the family of Gordon.

* " Sir Thomas Calder of Muirton is a great-grandchild of the family of Calder of Asswanly, but
" the Calders of Asswanly are not descended from Hutcheon, second son of Donald Thane of Calder, nor
'- has the grant of the lands of Asswanly any reference- to the battle of Brechin, which was fought on
" the 1 8th May 1452, twelve years subsequent to the date of the grant of the foresaid lands of Asswanly,
" as appears by a Charter of Confirmation from the ting, dated at Edinburgh 8th July 1450, of the grant
" of the lands of Asswanly, by Sir Alexander Setonne, to Hugh Calder, son and heir of Alexander Calder,
" and to his spouse Elizabeth Gordonne, dated at Elgin the last day of August 1440.

'• Witnesses thereto, George Earl of Avendale, Sir George Crichton of Blackness, Sir George Haiiburton,
" Joha Dunbar, Alexander Dunbar, and John Stewart, Alexander Bannerman and Patrick Calder, Shield-

APPENDIX. 23 r

The before named Donald Thane of Calder was succeeded by his eldest son
William ; in a charter of confirmation granted by Alexander Earl of Ross to Sir
Walter Innes, of the lands of Aberkerder, dated 22d February 1438, he is a wit-
ness, and is designed flllliehnus de Calder, his father being then alive in anno 1450;
he went with William Earl of Douglas to the Jubilee at Rome {u). He had three
sons, John, William, and Alexander, the last of whom, or another brother, whose
name is not handed down, went, with several other Scots gentlemen, to assist Charles
VII. of France against the English; and from him is descended the family of i)if/«
Campagiia in Thoulouse in France (A).

To the said William succeeded his eldest son John, who died without issue, and
was succeeded by his brother

William, who was the last Thane in Scotland, that title having fallen into desue-
tude, through introducing the new title of Earl, which is said to have come in
place thereof; however he obtained the thanedom and other lands belonging to him
erected into a fee barony in the 1476, and declared to lie within the shire ot
Nairn, notwithstanding they lay in diiferent shires (r). He married Marjory Suther-
land, daughter to the Earl of Sutherland, by whom he had issue, AVilliam, his eldest
son, John, Alexander, and Hutcheon, and a daughter, Elizabeth, married to Evan
Macintosh, son to Macintosh of that Ilk: William, the eldest son, inclining to the
church, upon the 29th April 148S renounced his right to the estate, which the
father entailed to his second son John and his heirs, who, in virtue thereof, was
infeft in the 1493, and the father being then aged, yielded the estate to him, and
retired.

This John married Elizabeth, daughter to Hugh Ross of Kilravock, aiino 1492,
and died the year following, leaving his wife big with child of two daughters,
Janet and Murriell; Janet died young, and Murriell succeeded to the estate in vir-
tue of the entail made by her grandfather.

Archibald, the second Earl of Argyle, and Hugh Ross of Kilravock, uncle to the
said Murriell Calder, being appointed tutors dative to her by King James IV.
anno 1494, Kilravock delivered up the young lady to Campbell of Innerliver,
who had come to Kilravock in the year 1499, with sixty men to carry her to In-
verary, to be educated in the family of Argyle. But, in their way tlilther, they
were pursued by Hutcheon Calder her father's brother, and a body of men who
came up with them in Strathnairn, whereupon Inverliver sent her away with one
of his sons, aixl a few men, and with the rest gave the Calders diversion, till he
was sure she was at a considerable distance ; and when he had got clear of the Cal-
ders, with some loss on both sides, he followed and conducted her to Inverary,
where she was educated, and, in anno 1510, married to Sir John Campbell, the Earl
of Argyle's second son, by his Countess Elizabeth, daughter of John the first Earl
of Lennox, to whom the Earl gave the lands of Lochow. After this marriage.
Sir John Campbell continued his own surname, and did not assume that of Calder,
as is frequently done by those who marry heiresses, whereby he seemed rather to
found a new family, than to continue an old one, which so exasperated the heirs-
male^ and relations of the name of Calder, that they had constant feuds and skir-
mishes with the Campbells of Calder for a considerable time, and carried off" all
the ancient writings belonging to the family, which are since either lost or de-
stroyed ; and this, in a great measure, has occasioned the original transactions of
the family of Calder to be in so much obscurity. But to return.

Sir John Campbell of Calder had issue by Murriell Calder, six sons, viz. Archi-
bald who succeeded him, John, bishop of the Isles, of whom are descended the
families of Inverstrigan and Ardchattan ; Donald, of whom the family of Kirkton,
Sonchan, and Balnabie; Duncan and William, who had no issue, and Alexander

" Bearers. The original charter is m the possession of Rear-Admiral Sir Robert Calder, and grandson of
" Sir Thomas Calder."

" Edinburgh, aglh September 1802."

[This note was of the above date affixed by Admiral Sir Robert Calder, Baronet, to a copy of the
former edition of this work in the Advocates' Library, from which it is here copied. £.]

(fl) Dr Abercromby's history, (i) Lesley in vita Jacob. IL (c) Charta penes D. de Calder.

:32 APPENDIX.

of Flynes, ancestor to the families of Moy and Torrich, and as many daughters ;
Katharine, married to James Lord Ogilvie, thereafter to the Earl of Crawford ■

Jean, married to Alexander Lord Lovat ; ___married to Ross of Balna-

gowan ; married to Urquhart of Meldrum ; Isabel, married to M'Dougall

of Rary ; and married to of Folly.

Sir Archibald succeeded his father Sir John ; he married Isabel, daughter to
Grant of that Ilk, by whom he had a daughter, who was married to Grant of Glen-
moriston, and a son who succeeded him.

Sir John, who was a very accomplished gentleman ; he was tutor to Archibald
Earl of Argyle, which office he discharged with so much integrity and fidelity, as
procured him the malice of the enemies of that noble family, who caused murder
him at Knipach in 1592. He married jMarion, daughter to William Eail Maris-
chal of Scotland, by whom he had five sons, John, who succeeded him, Alexander,
Archibald, and William, who all died without issue, and Cohn, ancestor of the
family of Dell in Isla, and two daughters, Margaret, who was married to Sir James
M'Donald of Isla, who was chief of that ancient and heroic name, and Beatrix,
who was married to Campbell of Glenfauchin : Besides these. Sir John had a na-
tural son, (as is thought, by a lady of quality) named Donald, who proved a very
fine gentleman, and was active in prosecuting his father's murderers, several of
whom were brought to condign punishment. He was created a K.night Baronet
of A'6^'^ Scotia by King Charles L by the title of Sir Donald Campbell of Ardna-
nuirchan, and married Macintosh's widow; but dying without issue, left his estate
to George, tutor of Calder, his brother's son. Sir John Campbell had likewise two
natural daughters, Jean, married to Dallas of Cantray, and Euphame, married to
James Campbell of Auchindown.

Sir John Campbell, eldest son to the former Sir John, first married Anne, daugh-
ter to Sir Duncan Campbell of Glenorchy, great grandfather to the present Earl
of Breadalbane, by whom he had six sons, viz. John, who succeeded him, Colin,
who married Elizabeth, daughter to Brodie of that Ilk, George, who was tutor to
his nephew Sir Hugh Campbell of Calder, and married the Captain of DunstafT-
nage's daughter, of whom are descended the famihes of Airds and Odomore, and
Robert, Alexander, and Duncan, who all died without issue ; and one daughter,
Jean, who was married to Dunbar of Grange. After the death of his first lady.
Sir John married Margaret, daughter to William Earl of Angus, by whom he had
one son, James, v.'ho was married to the widow of Sir Donald Campbell of Ardna-
murchan, but had no issue ; and one daughter, Mary, who was married to Alex-
ander Campbell of Sinderland : but soon after his second marriage, King Charles I.'s
wars coming on, he zealously adhered to the royal interest, for which he was for-
feit by Oliver Cromwell, and obliged to retire to France until the Restoration ; but
his son Sir John, being in the fee of the estate before the forfeiture, retained pos-
session of it. After the Restoration he returned home, and built a handsome cha-
pel at the house of Calder, and being then old, retired to Muckairn in Argyle-
shire, where he died, and was succeeded by his eldest son

Sir John, who married Elizabeth, daughter to Sir Thomas Urquhart of Cromar-
ty, by whom he had a son, Cohn, who died in his youth, and two daughters,
Jean, who was married to William Lord Forbes, and Christian, to Dunbar of Til-
linach. He was succeeded by his nephew

Sir Hugh, eldest son to Colin, second son to Sir John Campbell, and Anne,
daughter to Sir Duncan Campbell of Glenorchy, and EHzabeth Brodie his spouse ;
he married Henrietta Stewart, daughter to James Earl of Murray, by whom he
had four sons, Alexander, who succeeded him. Sir Archibald of Clunies, who mar-
ried Anne M'Pherson, on child of Duncan M'Pherson of Clunie, chieftain of that
name, by whom he has issue : and Colin and George, who were both captains in
Queen Anne's wars, and there slain, leaving no issue. Sir Hugh had also four
daughters, Margaret, who was married to Hugh Ross of Kilravock, Jean, mar-
ried to Urquhart of Meldrum, Sophia to Brodie of Lethen, and Anne to M'Lean
of Lochbuy.

Sir Alexander succeeded to his father Sir Hugh ; he married Elizabeth Lort,
daughter to Sir John Lort of Stackpoole in South Wales, by whom he had issue,
I

APPENDIX. 2S3

John his successor, and two daughters ; Susanna, married to Sir James Campbell
of Auchinbreack, and Anne, married to PMmund Merris ot" Esq.

John Campbell, now ot" Caldcr, Esq. married Mary Price, daughter to Lewis
Price of Gogarthan in South Wales, Esq. by whom he has issue. He is master of
an opulent fortune, present member of Parliament for the county of Pembroke,
and one ot" the Lords Commissioners of the Admiralty ; and it is expected will
make an appearance not unworthy of his ancestors ; his children will succeed to
the estates of Calder, Stackpoole, and Gogarthan.

Before finishing this account of the family of Cakler, it will not be improper to
observe, that though none of the family of Calder were created baronets, yet, since
the marriage of Sir John Campbell with the heiress of Calder, each of the repre-
sentatives of the family (except the present) have had the honour of knighthood
conferred upon them, for their personal merit.

BOTHWELL Lord Holyroodhouse.

THE surname of Bothwell must needs be exceedingly ancient; for it cannot be
a questiont hat it was taken from the great estate and lordship of Bothwell, in
the county of Lanark, by the ancient proprietors, when surnames were assumed
among us, and transmitted as hereditary, to difference and distinguish persons and
families from one another : It is very presumable, yea highly probable from
some presumptions, that the Oliphards, once a great family, and powerful, got
the barony of Bothwell, by marriage of an heir-female of the surname of Bothwell,
as soon as the reign of King Alexander IL («) and which, from certain documents
and vouchers in the next succeeding reign, came to another heir-female, who mar-
ried Sir Andrew Murray, who, upon that, is designed Dominus de Bothwell jfiis-
titiaritis ac Panitarius Scotice {by. However, the family of the surname of Both-
well, it is most certain, continued in the male line ever after this : For vouching
this, there is a charter still extant in the rolls of King David IL in the public ar-
chives, " Dilecto consanguineo suo (the king's cousin, as he does him the honour
" to call him) Johanni de Bothwell de decem solidis Sterlingorum et quatuor chal-
" dris farinas, nobis debitis de Thanagio de Darvon in vicecomitatu de Bamtf, pro
" omnibus vitie sua: diebus." The charter is dated at Dundee, the 31st July, the
37th year of his reign, that is, the year of our Lord 1369. The same prince gives
another charter to the foresaid John Bothwell, " Dilecto consanguineo suo omnes
" terras Parci nostri de Inchbuthell, jacen. infra vicecomitatum de Bamff, pro
" vita sua. Apud Edinburgh decimo nono die Mensis Aprilis, anno Regni nostri
" quadragesimo primo 1371." The family of the Bothwells at length came and
fixed their residence in the city of Edinburgh, where they had a very considerable
estate in lands, so that they grew up to be among the greatest burgesses of any
other wljatsoever, both with regard to opulency and reputation, and allied with
many of the first families in the kingdom, as will evidently appear from the sequel
of this memorial.

Since the family of Bothwells came to Edinburgh, I have not seen writs, or any
other documents, carrying back the family of the Bothwells farther than the reign
of King Jair.es HI. that Richard Bothwell, the ancestor of this family, was provost
of that city (c), and executed the office with great discretion in a very turbulent
time. He married Elizabeth, daughter of William Somerville of Plain (rf), in the
county of Stirling, who was the second son of William Lord Somerville (f), by
whom he had two sons and a daughter, Mr Francis his eldest son, who carried
down the line of his progeny ; and Mr Richard Bothwell, who, being bred to the

{a) Chartulary of the Episcopal See of Glasgow, (i) Ibidem, (c) Charta peaes Dominura Holy-
ruodhouse. (</} Ibidem, (f) Charta in piiblicib aichivis.

Vol. II. . 6 U

234 APPENDIX.

service of the church, and taking holy orders, was made a prebend of the cathe-
dral church of Glasgow, and was rector of Ashkirk (/), being a person well seen
both in the civil and canon law, and was created a doctor in both : He was prefer-
red to the provostry of the kirk of our Lady in the Fields, within the walls of the
city of Edinburgh. " Praepositus Ecclesiae Sanctae Maritc, de Campis infra muros
" civitatis Edinburgen." I have found him so designed in a deed in the i534(<f),
to which his seal of arms is appended; the cheveron charged with the mullet, be-
twixt the three trefoils (A). He was also director of the Chancery in the
reign of King James V. and one of the first Senators of the College of Justice ;
he died in the 1547 (/). Margaret, the only daughter, was married to Sir Dun-
can Forrest of Garden, Comptroller in the reign of King James IV. anno 1503 {k).

Mr Francis Bothwell, the elder brother, was a learned worthy man : In the
1535 both he and his brother. Doctor Richard Bothwell, were named Senators
ot the College of Justice at the institution of the Court of Session by King James
V. (/), the one upon the temporal side, and the other upon the spiritual ; and at
the very same time, anno 1535, he was Provost of the city of Edinburgh, as is evi-
dent from the records and registers of Parliament. He married Janet, one of the
two daughters and co-heirs of Patrick Richardson of Meldrumsheugh, and got with
her these lands lying within the regality of Broughton, and shire of Edinburgh.
In his infeftments he is designed Ma^^ister Francisciis Bothwell, honorabilis vir
hurgen. burgi de Edinburgh (m). He had by his wife two sons and one daughter,
Richard, who was Provost of Edinburgh, and allied in marriage with the House
of Halton (;?J. But his male progeny are all worn out and extinct; Mr Adam
Bothwell the second son, and Janet, who was married to Sir Archibald Napier of
Merchiston, mother by line to the honourable and learned mathematician John
Napier of Merchiston (</), inventor of the Logarithms. Mr Adam, whose son laid
the foundation of the honour and dignity of Lord Holyroodhouse, was educate to
the service of the church, and, after passing through some inferior offices in the
church, he was elected bishop of Orkney, and had the Qiieen's letters patent con-
firming the deed of the chapter, 8th of October 1562 (^), the See being void by
the demise of Bishop Reid (ji).

Bishop Bothwell of Orkney fell in with the Reformation, and acted in a parity
with Mr Knox and others, in settling the whole system of the reformed doctrine,
though they left the discipline more at large. The bishop being invested in his
bishopric with a full power to alienate, if he had a mind, the whole benefice, he
made an exchange of the bishopric of Orkney with Robert Stewart, commenda-
ror of Holyroodhouse, natural son to King James V. for the Abbey of Holyrood-
house, which is ratified and confirmed to the bishop the 25th of September
1569 (/): He was after that made one of the Senators of the College of Justice;
which office he enjoyed till his death on the 23d of August 1593. He was inter-
red in the nave of the Abbey-church of Holyroodhouse, with a tomb over him,
with his name and arms ; and underneath a tabulature there is this inscription and
epitaph.

" Hie jacet reconditus, nobilissimus vir, dominus Adamus Bothuelius, episcopus
" Orcadum et Zetlandce, et Commendatarius Monasterii Sanctae Crucis, Senator et
" Concilarius Regis, qui obiit anno aetatis suce 67. Die Mensis Augusti 23. anno
" Domini 1593."

Englished thus.

Here lies a most noble Lord, Adam Bothwell, Bishop of Orkney and Zetland,-
Commendator of the Monastery of Holyroodhouse, and one of the Lords of Council
and Session, who died upon the 23d day of August 1593, and in the 67th year of
his age.

{f) Chart. Glasgiien. (j) Cliarta penes Dommum Ross, {h) Charta in rotulis. (/) Acts of Par-
liament, (".f) Charta in publicis arcliivis, ad annum 1503. ("/) Acts of Parliament, (m^ Cliarta penes
Domir.um Holyroodhouse, and registers of the regality of Broughton. (.«) Charta penes Dominum Holy-
roodhouse. {0) Charta penes Dominum Napier, (p) Charter under the Great Seal, in the public ar-
chives, anno 1562. Cy_) Archbishop Spottiswood's History, fr) Charter in the public records.

APPENDIX. 235

EPITAPHIUM.

Nate senatoris magni, magne ipse senator,

Magni senatoris triplici laude paiens ;
Tempore cujus opetn poscens ecclesia sensit,

Amplexus est cujus cura forensis opem.
Vixisti, ex animi voto, jam plenus hononim,

Plenus opum senii, jam quoque plenus obis,
Sic nihil urna tui nisi membra senilia celat.

Teque vetat virtus vir tua magne mori,
I felix mortem requie superato supremam,

Sic patria; et libcris fama perennis erit.

The above Epitaph in English,

Thrice worthy judge, son to and father also of a judge,

Whose aid the church in time of need did feel.

And no less on the bench thy care was knoivn.

As heart could wish thy days thou well didst spend,

And now with honour, and with age full fraught,

To peaceful shades thou mak'st a safe retreat.

Of thee, great man, here nothing but thy dust does lie,

Yet for thy virtuous life thy name shall never die.

Go happy hence, and to all ages blest, thy fame

Shall by thy sons and country ever be rehearst.

The Bishop of Orkney left issue by Margaret his wife, daughter to John Murray
of Touchadam in the county of Stirling, by Janet his wife, daughter of the Lord
Erskine, and sister to the Earl of Marr the Regent (j-), by whom he had issue,

John, his eldest son, thereafter Lord^Holyroodhouse.

William, the second son, who had a grant of several lands from his father, as
Commendator of Holyroodhouse, within the regality of Broughton, dated the 12th
of May 1582 ; in the deed the granter designed him Gulielmo Bothwel Jilio meo le-
gitimo (/), of whom this present Lord Holyroodhouse derives his descent {u).

Margaret, a daughter, who was married to WiUiam Sandilands of St Monans,
ancestor to the Lords of Abercromby (.v), and had issue.

Mr John Bothwell, designed of Alhammer, succeeded his father in the com-
mendatory of the Abbey of Holyroodhouse, and in his seat on the Bench in the
Session; and getting into a considerable degree of favour and confidence with his
Majesty King James VI. he was graciously pleased to erect, unite, and incorporate,
all the lands that had formerly pertained to the abbey, and haill convent, into a
temporal lordship, " Omni tempore a futuro Dominium de Holyroodhouse nun-
" cupandum" ( v). The peerage is specially provided to the heirs-male of the pa-
tentee's own body ; which failing, to the heirs-male of Adam Bishop of Orkney
his father. He married Mary, daughter of Sir John Carmichael of that Ilk ; and
dying in November in the year 1609, was succeeded by John Lord Holyroodhouse,
his son and heir, who died unmarried in the year 1635 {%). The title of honour
was by no means extinct, but it lay dormant for a hundred years, save one, that
Henry Bothwell of Glencross, as heir-male to the Lord Holyroodhouse's dignity,
was served heir to him on the 8th of February 1734, he being the nephew of his
great-grandfather's father; thus reckoning the line of the descent, that William
Bothwell, who was his predecessor, was the second lawful son of Adam Bishop of
Orkney, brother-german to John, the first Lord Holyroodhouse, the patentee, who,
by his wife Helen, daughter of John Cunningham of Drumquhassell, had Adam
Bothwell of Fhilpside, his son and heir; who, by Janet his wife, daughter of Sir
William Hart 01 Preston, Justice-Depute in the reign of King James VI. had a son,
iiis lineal heir.

(j-) Charter under the Great Seal In the public records. (/) Register of the Regality of Broughton.
C«) Retour of this Lord Holyroodhouse, 1734. (v) Origi'ial patent of the erection of the Abbey of
Holyroodhouse,. in the public archives. (_)') Charta in Cancellaria, S. D. N. Regis. (a;) Charta in
rotulls.

n^e APPENDIX.

Alexander. Bofhwell of Glencross, who, by Mavy his wife, daughter of Sii
James Stewart, knight, son to Robert Earl of Orkney, who was one of the natural
sons of King James V. had Alexander Bothwell of Glencross, his son and heir,
who, by Janet his wife, daughter of John Trotter of Mortonhall, had

Henry, now Lord Holyroodhouse, who married Mary Campbell, daughter of
Lord Neil Campbell, second son of Archibald Marquis of Argyle, and of Vere
Ker, his wife, daughter of William Earl of Lothian, by whom he has issue

Alexander, Master of Holyroodhouse, who married Lady Margaret Home,
daughter of diaries Earl of Home.

Neil Bothwell, Esq. who is Factor to the South-Sea Company.

Archibald Bothwell, Esq. the third son, who is Master of his Majesty's Mint
in Scotland.

Henry Bothwell, who lives abroad in France, and

Robert, a surgeon in Jamaica.

And four daughters, Vere, Eleanora, Mary, and Anne, the eldest of whom is
married to Mr Francis Wauchope of Kekmuir, advocate.

The family of Dc BERKELEY, or BARCLAY, formerly of Mathers,.

NOW OF UrIE.

WHETHER the ancient surname of Berkeley, or Barclay, be originally of
Caledonian, British, or Saxon extract, is what cannot, at this distance of time, be
certainly concluded ; but it is vouched, beyond contradiction, that there were
four great and eminent families of that name settled in Scotland, viz.. IValter de
Berkeley, IVilliam de Berkeley, Humphrey de Berkeley, and Robert de Berkeley, in the
days of William the Lion of Scotland, and Henry 11. of England ; the two first
having been Great Chamberlains of the kingdom ; Walter being so designed in a.
donation granted by him to the monks of Aberbrothock, of the church of Iner-
keleder, confirmed by William the Lion, both being in the old chartulary of Aber-
brothock, in the Advocates' Library in Edinburgh; and William being so design-
ed a witness to a deed granted by the same king to the monks of the Cistertian
Order, copied from the original by Anderson, in his Independency of Scotland,
and all four considerable donators to the abbacies.

All these circumstances determine us to believe their early settlement in this
kingdom, no doubt, before the conquest, and makes it more than probable that they
were not of the Norman race; neither can we certainly determine how long they
have been settled in this kingdom; but this we have sufficiently vouched, that this
same Walter de Berkeley, in the shire of Angus, was one of the pledges for King
William the Lion to Henry II. of England, as is mentioned in Abercromby's His-
tory of Scotland, he observing upon the margin, that the document is in the
custody of Panmure; an evident demonstration that they had been long settled
here before that time, it not being to be supposed that a stranger, immediately
come to the country, would have been accepted of as a pledge for the king ;
neither that such would have been honoured or trusted with being Great Cham-
berlains of the kingdom. This Walter left no children but two daughters, one of
them, according to Nicol's Peerage, married to Seaton of Seaton, predecessor to
the Earl of Winton.

It being certain that the armorial bearing of Berkeley of Innerkeleder was the
very same, both in the tincture of the field, viz. azure, and the crosses argent,
that has been always borne by Berkeley of Mathers, and by no other family of the
name that I know, or ever heard of, either now in being, or formerly, excepting Ber-
keley Lord Brechin, and their other acknowledged cadets; for, according to herald-
ry, this proves Brechin to have been of them, Inerkeleder being extinct many years
ere Berkeley married the heiress of Brechin ; 1 say, although this proves Inerkele-
der and Mathers to have been one family, yet we have no sufficient document

APPENDIX. ly,

positively to determine their relation; nevertheless the exact parity of their ar-
morial bearmg, the chcumstances ot" time, Walter de Berkeley of Inerkeleder, and
Humphrey, son to Theobald de Berkeley, being apparently cotemporaries, as both
having confirmations from William the Lion, all these reasons, corroborated by
constant tradition, confirm us in the belief, that IValter de Berkeley of Inerkeleder
was cousin-gerraan to Humphrey, and brother's son to

I. Theobald de Berkeley, he being the first whose name is transmitted down to us
with such certainty as we may depend upon to have been the original of the fa-
mily of Mathers, he appearing, by unquestionable records, to have lived in the
days of David I. of Scotland, commonly called St David, who began his reign
anno 1 124; Theobald being, as we suppose, born about anno mo, in the 3d year
of the rei^n of Alexander 1. son to Malcolm III. commonly called Canmore, both
kings of Scotland, and loth of Henry I. son to William the Conqueror, both kings
of England. This Theobald had two sons, Humphrey and John; Humphrey, be-
ing ui possession of a large estate in the shire of the Merns, did, according to the
devotion of these times, upon part thereof, viz. Balfeith, Monboddo, Glenlarquhar,
&-C. in the parish of Fordun, grant a donation to the abbot and monks of Aber-
brothock, witnessed by IViUidmo iS IValtero capellcinis Dom. re^is, IVillielmo Cummin,
IVillielmo Giffard, Philippo de Moubray, Bom. de Aberbutbenot, Philippo de MalleviU,
Johanne de Alontjbit, IValtero Scot, Si JVdlteroJUio si/o, Agatha tponsa mea, cum midtis
aliis. This donation was confirmed by ^ViUiain the Lion (who began his reign
anno 1 165) before these witnesses, IValtero ifi IVillielmo capcllnnis nostris Will.
Cummin, Philippo de Moubray, Roberto de Lundin, Roberto de Berkeley, cum multis
aliis; apud Forfar xxvi. Martii. This same donation of Humphrey's was renewed and
augmented by his only child and daughter Richenda, and Robert, the son of
Warnebald, her husband, (who was, according to Nicol's Peerage, predecessor
to the Earl of Glencairn) the witnesses thereto being Dom. J. Wishart vicecom. de
Mernis, Sj? Johanne filio ejus, Dom. Duncano de Aberbutbenot, W JiHo ejus, Humphreo
de Middleton, cum multis aliis. This second donation was confirmed by Alexander II.
the witnesses thereto A. Ahato de Melross, Ro. Abbato de Ne%iibotle, Tbo. de Hay,
Alex, de Seton, cum mdtis aliis, vicesimo die Martii, anno re^ni ?iostri, vicesimo
quarto. After the death of Robert, the son of Warnebald, the monks got P.ichenda,
his widow, to dispone these lands to them for the third time, " Et ad majus
" hujus rei testimonium, in posterum una cum Sigillo meo hujc scripto, Sigillum
" venerab: patris nostri R. Abredonensis Episc. & Sigillum Domini Anselm
" Cammell feci apponi, coram his Test. Dom. A. Archide Brechin, Dom. Nigello
" de Moubray, Dom. Roberto de Montealto, & Dom.- Will, de Hunyter, cum
" multis aliis." This third donation was confirmed by Alexander II. at Aber-
brothock, the 7th day of March, and 3:^d year of his reign, " corom test, ve-
" nerab. Patr. Ro. Epis. Abr. Willielmo Comite de Marr, Waltero de Moravie,
" R. de Montealto."

All these six documents, viz. the three donations, and their three respective confir-
mations, being registrate in the ancient chartulary of Aberbrothock, in the Advo-
cates' Library in Edinburgh, from whence the present Barclay of Urie had them
extracted.

Notwithstanding all this precaution of the monks, Humphrey and his daughter
Richenda being dead, and he having no heirs-male of his own bod}', was succeed-
ed by his brother,

II. John de Berkeley, who not being satisfied with the liberality of his brother,
and the other two donators, turned the abbot and monks out of all their possessions
in his lands; but was obliged, with consent and concurrence of his son and heir,
Robert de Berkeley, to come to an .agreement with them, whereby, in lieu of what
he dispossessed them, to give them the mill of Conveth, with the appurtenances
thereof, binding them at the same time to pay him and his heirs, in all time
coming, the sum of thirteen merks of silver yearly.

This agreement was not only signed and sealed by the abbot and monks of Aber-
brothock. by John, and his heir Robert de Berkeley, but also " Una cum Sigillis
" venevab. virorum Greg. Episco. Brechin &■ Dom. Willielmo de Bosco, Dom.
" regis Can. &. Dom. de Lunden, fratris illustr. regis Alex, apponi. procurarent : '

VoL.IL 6X

~3^

APPENDIX.

" coiani test. Willielmo Capellano, Dom. Episco. Brechin, mag. Andrea de Perth,
" mag. Hugo de Milburn, cum multisaliis," and confirmed by King Alexander II.
at Dundee, the ist of January, " coram test. Greg. Episco. Brechin, WiUielmo
" de Bosco nostro Cancellario, Ro. de Lunden, nostro fratre, Hugo Cameron, cum
" multis aliis."

Both this agreement and the confirmation thereof, are also extracted out of
the chartulary of Aberbrothock.

According to what hath been aheady observed, of Theobald's being born about
/?n/70 mo, and that his son John's agreement with the abbot and monks being
confirmed by Alexander II. it naturally follows that Theobald, Humphrey, and
John, must have lived in the days of Alexander I. David I. Malcolm IV. William
"the Lion, Alexander II., all kings of Scotland; and of Henry 1. King Stephen,
Henry II. (the first of the name of Plantagenet) Richard I. and John, all kings of
England. It may also be observed, that during that time Jerusalem being taken
by Godfrey of Boulogne, and the >var in the Holy Land carried on by the Chris-
tians against the Saracens, that the armorial bearing of the Berkeleys makes it
Very probable they were of the number of those zealots who put on the cross,
a-; is positively asserted by Camden. Upon John's death he was succeeded by his
son

III. Robert de Berkeley, who, as is already observer^, consented to the agreement
between his father and the abbot, and the monks of Aberbrothock, being succeed-
ed by his son

IV. Hugh de Berkeley, who obtained a charter from King Robert Bruce,
upon Westerton, being lands lying near to the above-mentioned mill of Conveth ;
which charter Nisbet asserts to be registrate in the chartulary of Melrose, his son's
name being

V. Alexantder de Berkeley of Mathers, who by marrying Katharine, sister to
William df Keith Marischal of Scotland, obtained the lands of Mathers, which he
added to his paternal estate, vouched by a charter, dated anno 1351, granted by
the said IVilliam de Keith, with consent (as the charter words it) of Margaret my
wife, to Alexander de Berkdcy, and Katharine my sister, his spouse, and the longest
liver of them two, and the" heirs-male of their bodies ; my lands of Mathers,
" datum apud mansum capitale nostrum de Strathekin die Martii inventione
" sanctre crucis, anno 1351, coram test, reverendo in Christo Patr. Dom.
" Phihppo, Dei Gratia Episc. Brechin, Dom. Willielmo eadem gratia Abbato de
"■ Aberbrothick, David de Fleming, Willielmo de Liddel militibus, Johannes de
" Seton, et aliis.

This charter of Marischals being repeated verbatim, is confirmed by King David
Bruce, at Perth the i8th day of March, and 21st of his reign, " coram test._
" Roberto Seneschallo nepote nostro (the first king of Scotland of the name of
" Stewart) Tho. Seneschall comite de Angus, Tho. de Moravie panacri nostro
" Scotias, Roberto de Erskine, et Tho. de Falside militibus."

This original charter from Marischal, with the original confirmation thereof by
King David Bruce, are both in the custody of the present Barclay of Urie. Upon
the death of this Alexander he was succeeded by his son

VI. David de Berkeley of Mathers, who, by all the accounts we have, married

Seaton, daughter to the same John de Seaton, who witnessed the

preceding charter from Marischal, to his father : their son's name being

VII. Alexander t'/c Berkeley of Mathers, by the tradition of our fiimily he

married Helen Graham, daughter to Graham of Morphy ; their son

being

VIII. David de Berkeley of Mathers, ^\^ho. as is supposed, built the castle
called the Keim of Mathers, where the family, for their better security, lived for
a while during some troublesome times. By all the accounts we have, he mar-
ried Elizabeth Strachan, daughter to Strachan of Thornton, then an ancient and
flourishing family in the Merns ; who bore to him

IX. Alexander Barclay of Mathers, v.'ho is the first of our family whose name
we find, both by old evidents and by his own subscriptions, spelled as we now do,
viz. Barclay, by a charter granted to him by 'William Earl Marischal, Shentf-prin-

APPENDIX. 239

cipal and High Constable of the shire of the Merns, wherein he terms him Dilecto
coiuangulneo nostra, i. e. To our beloved kinsman Alexander Barclay of Mathers,
and Katharine his wife, (this was Katharine VVishart) dated anna 1483 ; which
charter we have in the family. As he lived to old age, so upon his son's marriage
he put him in possession of the old estate, reserving Mathers to himself during
life : As he was reputed a scholar, and something of a poet, so to him are ascribed
the verses made by a laird of Mathers, and given as advice to his son and suc-
cessors, which as worthy I insert.

GifFthou desire thy house lang stand,
And thy successors bruik thy land ;
Abive all things live God in fear,
Intromit nought with wrangom gear ;
Nor conquess nothing wrangously.
With thy neighbour keep cliarity.
See that thou pass not thy estate,
v. - Obey duly thy magistrate :

Oppress not, but support the puire.
To help the common vveill take cuire.
' ■ , • Use no deceit, mell not with treason.

And to all men do right and reason :
Both unto word and deed be true.
All kind of wickedness eschew.
Slay no man, nor thereto consent,
Be nought cruel, but patient.
' ■ Allay ay in some guid place.

With noble, honest, godly race r

Hate huirdome, and all vices dec.

Be humble, hjunt guid companie.

Help thy friend and do nae wrang.

And God shall cause thy house stand lang.

It appears, by the above document, he married the already-mentioned Katha-
rine Wishart, daughter to Wishart of Pittarrow, a family for a long time of
great eminency in the Merns ; some of them having been high or principal
sheriffs thereof, being so designed in several of our ancient papers : She bore to
him,

X. D.tviD Barclay of Mathers, who married Janet Irvine, daughter to Irvine
of Drum, then one of the most considerable families in the shire of Aberdeen.
This our marriage with Drum's daughter we have vouched by several documents
in the family, viz. an ancient manuscript, wrote anno 157S, intitled, Genealogy of
the Barons of tlye Merns, (in which are inserted the above verses) as also by
charters upon the lands of Falside and Slains, in the Merns. Hfs eklest son
was

XI. Ales-ander BaR-CLay of Mathers, vouched by the genealogy of the barons
of the Merns, old charters, &c. to liave married Marjory Auchinleck, second
daughter to James Auchinleck, Laird of Glenbervie, who was son to John Auchin-
leck ni Auchinleck in Angus, and who, by marrying the only daughter of that
same sheritf, John Melville, that was killed by the barons of the Merns, obtained
the estate of Glenbervie.

This same James Auchinleck leaving no children but two daughters, the eldest
being married to Sir William Douglas, second son to the famous Earl of Angus,
called Bdl the C 't ; by this mai-riage came the Douglasses first into the estate of
Glenbervie in the Merns, and from whom are descended the Earls of Angus and
Dukes of Douglas.

This Alexander Barclay sold the lands of Slains and Falside in the Merns to
Andrev/ Moncur of Knapp, to whom he granted a charter of these lands, to be
holden of himself and his heirs, dated anna 1497 ; which charter we have in the
family, as also a conveyance of the lands, all writ and snbscribed with his own
hand at Edinburgh the 17th day of March 1497, in which he obliges himself to
bear the said Andrew Moncur harmless, both from his mother, the above Janet Irvine,
(these lands being,_ as it seems, part of h,;i jointure) and from a contract he nad

240

APPENDIX.

entered into with Sir James Auchterlony of Auchterlony and Kelly, for a marriage
between his son George and Auchteilony's daughter.

It was this same Alexander Barclay, who, being superior of the lands of Durn in
the shire of Banff, granted to Sir James Ogilvie of Deskford, predecessor to the
Karl ofTindlater, a precept of clnre constat, as heir to his grandfather Sir James
Ogilvie of Deskford, for infefting him in the lands of Durn : The original of
which precept, with our seal and arms appended, bearing date the 29th April
f5io, at Kirktonhill, the seat of the family of Mathers, is in the custody of Sir
James Dunbar of Durn, who favoured us with a copy. This Alexander's son's
name being

XII. George Barclay of Mathers, who married Marjory Auchterlony, daugh-
ter to the above-mentioned Sir James Auchterlony of Auchterlony and Kelly,
then a considerable family in the shire of Angus ; their son's name being

XIII. David Barclay of Mathers, who married first Mary Rait, daughter to
Rait of Halgreen, by whom he had George who succeeded him ; and had for his
second wife Katharme Home, by whom he had John, to whom he gave the lands
of Johnston in the Merns ; as is evident by Barclay of Johnston's first charter,
dated anno 1560, and the genealogy of his family in his own custody. Barclay of
Balmakeuan is a cadet of Johnson's family. FuUarton of Kinnaber married a
daughter of this David Barclay, whose eldest son, as above, was

XIV. George Barclay of Mathers married first Mary Erskine, daughter to Sir
Thomas Erskine of Brechin, who was Secretary of State to King James V. of Scot-
land; he, or his immediate successor, exchanged the estate of Brechin for that of
Pittodrie in the shire of Aberdeen, his posterity continuing there a flourishing
family : For his second wife he married Margaret Wood, daughter to Wood of
Bonnyton in Angus, who bore him a son, Alexander, to whom he gave the lands
of Bridgeton and Jackston in the Merns, whose lineal heir-male, is George Bar-
clay, merchant in Banff. His eldest son by Mary Erskine succeeding to the estate,
his name being

XIV. Thomas Barclay of Mathers, who married Janet Straiton, daughter to
Straiton of Lauriston in the Merns, a family eminent both for its antiquity and
greatness, extinguished only in our age; 'this Thomas Barclay died before his
iather, leaving only one son behind him,

XVI. David Barclay of Mathers, great-grandfather to the present Barclay of
Urie, born anno 1^80. He married Elizabeth Livingston, daughter to Livingston
of Dunipace : He was called a very polite well-bred man ; but by the easiness of
his temper, and lining much at Court, he brought himself into such difficulties
us obliged him to sell the estate, first Mathers, after they had kept it near 300
years, and then the old estate, after they had kept it upwards of 500 years. He had a
daughter, Anne, first married to Douglas of Tilliquhally.by whom he had a daugh-
ter, grandmother to the present Hog of Raymore ; her last husband was Strachan,
afterwards bishop of Brechin. He had also several sons, John and Alexander, both
dying young and unmarried. Colonel David, of whom more afterwards, Robert,
Rector of the Scots College at Paris, and James, captain of a troop of horse in his
brother David's regiment, killed at Philiphaugh, also unmarried, as they all were,
except his son the above

XVII. Colonel David Barclay of Urie, who purchased the estate anno 1648.
He was born at Kirktonhill 1610, belonging to his father, upon the old estate,
upon some of which the servitude had been granted by Humphry, &-c. to the
abbot and monks ofsAberbrothock, as is already mentioned ; part of which they
had all along retained until the year 1651, as appears by a fitted accompt, attested
by Wishart notar-public and clerk, at the oversight of the Viscount of Arbuthnot,
Sir Robert Farquhar of Manie, and Sommers of Balyordie, between the Colonel
as representing his father David Barclay of Mathers, on the one part, and John
Barclay of Johnston, as having had the management of Mather's affairs for twenty
years, on the other part. His decision bears date at Bervie and Kirk of Benholm, .
from the 21st to the 26th day of May 1651.

As hath been already observed, he purchased Urie, anno 1648, from William Earl
Marischal, being designed in all the conveyances of the lands of Urie, Colonel Da-
3

APPENDIX. 241

»id" Barclay, lawful son of David Barclay of Mathers; as he is also in his own
contract of marriage, dated at Bog of Gight (now Castle-Gordon) and Gordon-
b.ton, the 24th day of December 1647; ''^"'^ likewise in his sister Anne's contract
of marriage with her last husband Strachan, afterwards Bishop of Brechin, dated
at Aberluthnot the 21st day of May 1649, written by the above John Barclay of
Johnston, and subscribed by David Barclay of Mathers, her father, and Colonel
David Barclay, her brother, consenters, they being so designed in the paper.
Both these contracts of marriage, as also the fitted accompt being in the custody
of the present Barclay of Urie, his grandchild. He married Katharine Gordon,
daughter to Sir Robert Gordon of Gordonston, second son to tlie Earl of Suther-
land, and second cousin to King James the VI. of Scotland, and I. of Great Bri-
tain, by his grand aunt Lady Helen Stewart, sister to Matthew Earl of Lennox, be- .
ing t-lie said Sir Robert's grandmother, his mother being Lady Jane Gordon, daugh-
ter to the Earl of Huntly.

Katharine Gordon bore to him three sons, Robert, John, and David, and two
daughters, Lucy and Jean ; David and Lucy died unmarried ; Jean was married
to Sir Ewen Cameron of Lochiel, to whom she bore eight children, who were all
married ; John married in East-Jersey in America, and hath left children. The
eldest,

XVIII. Robert Barclay of Urie, born anno 1648 ; he was the author of the Apolo-
gy in behalf of the people called Quakers, (which he presented to King Charles II.)
with whom he joined himself about the 19th, and wrote the Apology in the 27th
year of his age. He married Christian MoUison, daughter to Gilbert Mollison,
merchant in Aberdeen, by whom he left seven children behind him, three sons,
Robert, David, and John, and four daughters, Patience, Katharine, Christian, and
Jean; he died in the 42d year of his age at Urie, the 3d of October 1690. All
his seven children being at this time alive, now about 50 years since he died, this
being wrote anno 1740. His second son, David, settled in London, married first to
Anne Taylor, daughter to James Taylor, draper there, and afterwards to Priscilla
Frame, daughter to John Frame, banker in London, having children by both the
marriages. His eldest son, James, being also married, and hath children. His
third son, John, settled in Dublin, married Anne Stretell, daughter to Amos Stre-
tell, merchant there. His daughters, Patience and Katharine, married to Timothy
and James Forbesses, sons to Alexander Forbes of Aquorthies in the shire of Aber-
deen, and merchants in Dublin. His third daughter. Christian, married Alexan-
der JafFray of King's-wells in said shire. His youngest, Jean, married Alexander
Forbes, son to John Forbes of Aquorthies, in the same shire, merchant in London.
The eldest son,

XIX. Robert Barclay of Urie, born anno 1672; he married EHzabeth Brain,
daughter to John Brain of London, merchant, by whom he had two sons, Robert
and David, and three daughters, Mollison, Elizabeth, and Katharine ; his son,
David, settled a merchant in London, married Mary Pardoe, daughter to John
Pardoe of Worcester, merchant. His daughter, Mollison, married John Double-
day, son to John Doubleday of Alnwick Abbey in Northumberland; Elizabeth
married Sir William Ogilvie of Barras in the Merns. His eldest son,

XX. Robert Barclay of Urie, born anno 1699, married one Cameron, daugh--
ter to Sir Ewen Cameron of Lochiel, by whom he has four children, tliree sons, ,
Robert, David, and Ewen, and one daughter, Jean. His eldest son,

XXI. Robert Barclay of Urie, born 1 731-2.

Their armorial bearing was formerly three cross patees with a cheveron, and a .
mitre for a crest. But the present Barclay of Urie, anno 1725, after the example of
Struan Robertson, threw out the cheveron, as being by some thought a mark of
cadency : though, as Sir George Mackenzie observes in his heraldry, it was an-
ciently esteemed an ornament ; so their present bearing is azure, three cross patees
in chief, ardent, with a dove and olive branch in its mouth for a crest. In an
escrol above, Cedant anna, and below, In hac vince. As extracted from the Lyon's
books, 1725.

Vol. 1L 6 Y

APPENDIX.

CARNEGIE OF Ballindarg.

CARNEGIE of Ballindarg, his predecessor, was Carnegie of Gallery, now in
the possession of Mr Fullarton : Thomas Carnegie, the representative of that fa-
mily, married Margaret, eldest daughter of Alexander Carnegie of Bearhill, near
to Brechin ; their only son was John Carnegie, Provost of Forfar, who purchased
the lands of Ballindarg from Walter Lord Torphichen ; he married Elizabeth,
daughter to John Dickson, merchant in Forfar, their son Robert Carnegie of Bal-
lindarg, by his wife Agnes, daughter to Michael Gray of Turfbeg, was father to
the present Robert Carnegie of Ballindarg, who is married to Anne, daughter
and heiress of John Carnegie of Kinnell. Ballindarg's predecessors also were pos-
sessed of the lands of Kirkton ot Aboyne, now the property of Farquharson of
Finwean.

Which Robert Carnegie's coat of arms is matriculated in the registers of the
Lyon Office, and is thus blazoned, viz. or, an eagle displayed azure, holding in his
dexter talon a thistle, proper ; crest, a dexter arm vambraced, proper, holding an
escutcheon azure, and thereon a St Andrew's cross argent; and, in an escrol above,
this motto, Loyal in adversity, and in another below, Balenherd.

James Carnegie of Kinnell was second son to Sir John Carnegie of Boysack, and

Margaret, daughter and only child of Erskine of Dun, by his first wife,

a daughter of the Lord Spynie ; which James married Anne, eldest daughter to
Sir David Ogilvie of Innerquharity ; their son John Carnegie of Kinnell married
Anne, daughter and heir of Archibald Auchinleck of Balmanno ; their only child
Anne Carnegie of Kinnell is married to Robert Carnegie of Ballindarg, as above.

Sir William Auchinleck of Balmanno married Janet, only child of Sir Robert
Bruce of Clackmanan, by Janet Wardlaw, daughter to the Laird of Torry, his
first wife ; their son, Archibald Auchinleck of Balmanno married Anne, daughter

to Arnot of Woodmiln, whose only child and heir, Anne Auchinleck,

was married to John Carnegie of Kinnell, and their only child and heir to both,
Anna Carnegie, is married to the said Robert Carnegie of Ballindarg.

Michael Gray of Turfbeg was the second son of William Gray of Hayston, by
Elizabeth, daughter to Paterson of Dunmure; he married Jean, daugh-
ter to John Smhh of Glasswall; their son William married Mary, second daughter
to Sir David Ogilvie of Innerquharity, and their son, Mr William Gray, is a clergy-
man.

N. B. The Grays of Hayston, thereafter designed of Inverichty ; the Grays of
Invergowrie, thereafter designed of Braikie, and the Grays of Bullion, were three
brothers by a second marriage, sons of the Lord Gray.

Of the family of MENZIES of that Ilk, or of Weem.

IT is the misfortune of this family that most of their ancient writs were con-
sumed when their mansion-house was burnt in the beginning of the sixteenth cen-
tury (a), whereby it is rendered the more difficult to discover the antiquity of it,
seeing most of our old records were destroyed by King Edward I. when he over-
run Scotland ; and that writers and historians have left this, among the many
other ancient and noted families in Scotland, mostly in oblivion.

(a) Charta in pub. archiv. Baroniffi de Menzies, in favorem D. Robeiti Menzics de eodem, militis,
anno 1510.

APPENDIX. 243

ITie origin of tliis family, first called Mttymers, or Mijneis, afterwards Md^iws
or Mengues, and now Menzies, according to the corrupted pronunciation and va-
rious ways of spelling, in the different periods of time in which they got their char-
ters and grants, cunnot, for the reason above mentioned, be now well discovered,
though it is generally thought that they are of foreign extract, and that the sur-
name is originally the same with that of Manners in England, which came over at
the conquest, and were seated in Northumberland, and other parts in the north of
England, in the reign of K-ing Henry II. about the 1 1 70 ; and that soon after the con-
quest there were of this name in Scotland, Boetius and others affirm, and mention
Mcnzies as a surname in the reign of King Malcolm Canmore, when surnames
were first used in this kingdom (Z>).

I. The first of this name that is to be met with in any private grants or records
in Scotland, is one Anketillus de Maynoers, who lived in the reign of King
William the Lion, and is a witness, among others, to the donation (c) made by
IViUielmus de Vetcre Ponte to the abbacy of Holyroodhouse, of the lands of Ogleface((/),
" pro salute Domini mei Regis Willielmi et Regime Emergarda;."

II. The next person of this name, and not improbably the son of the former, is
RoBEK.Trf(fMEYNERS,knight,whoflourishedinthereignof King Alexander II. and who,
upon the accession of King Alexander III. to the crown, was promoted to the office
of Lord High Chamberlain of Scotland (?) ; and in that character, as well as one
of the barons, called Magnates Scotice, was employed in several embassies to Eng-
land, which he discharged with great honour and commendation CfJ- This Ro-
bert granted a charter CgJ of the lands of Culdares, " Mattha:o de Moncrief pro
" homagio et ser^itio suo ;" the seal of which charter is quite entire, and the arms
resemble those of the old family of Manners in England (hj, of which the family
of Rutland is descended ■ and this helps to support what is said before concerning
the affinity betwixt the two surnames ; the witnesses to this charter are, among
others, David de Meyners, and Thomas de Meyners ; and which Thomas is a wit-
ness to the confirmation of the kirk of Melville, to the Monastery of Dunfermline,
by Gregorius de Melvil, anno 1 25 1 (i). The above Robert died in the year 1266
(I), and left a son,

III. Sir Alexander de Meyners, Knight (/), who was one of those worthy pa-
triots, who stood firm to the interest of their country after King Alexander III. his
death, in opposition to the violent oppressions of King Edward I. of England, and
for which he was thrown into prison by King Edward, as appears from Rymer's
Feed. Vol. II. p. 728, where a fifty merk land of old extent is allotted for the sub-
sistence of his wife and children, anno 1296. This Alexander got the lands Weem
and Aberfeldy in vie. de Perth, from John de Strathbogy Earl of Athol C'"0^ father
of David, who was Constable of Scotland in the beginning of King Robert I. his
reign. He was also possessed of the lands of Durisdeer in vie. de Dumfries, and
which he resigned {nj in favour of his brother-in-law James, third son of James*
High Steward of Scotland ; but v»'hich he afterwards got back, and King Robert
I. granted a charter (oj of the barony of Durisdeer fpj, to the said Alexander :
" Tenend. eidem Alexandro et iEgidis Senescalla?, sponsae suk, de nobis," &-c.
This Alexander is a frequent witness in King Robert I. his charters, and particu-
larly he is a witness to the grant (qj made to Gilbcrtus de Haya, of the office of
Lord High Constable of Scotland, the ninth year of the king's reign, anno 1315 ;
and it is observable he is inserted in the charter before Sir Robert Keith, Marischal
of Scotland ; from which it may be supposed that at that time he enjoyed some

(b) Abercromby's History, King Malcolm Canmore's Life, (f) Charta mine penes D. Robertum
Menzies hujus familia principem. (//) Ogleface in vie. de Linlithgow, (e) Crawfurd's Officers of State.
(/) Rymer's FcEdera Angliae. {g) Charta nunc penes Dom. Robertum Menzies. (A) The family of
Manners bore of old or, two bears azure, and a chief gules, and the seal at the forefaid charter is, or,
one bear azure, and a cliief _fa/«. How Mr Nisbet, Vol. L p. 68, comes to distinguish betwixt the arms
of Menzies of that Ilk, and Menzies of Weem, is not known ; and it is certainly a mistake, for the fa-
milies are, and always were the same, (^i) Cartul- Dunfermline, (k} Fordun's Scotichronleon. (/) Charta
penes Dominum Robertum Menzies; whereby John Earl of Athol grants the landi of Weem, &c. Dom.
Alexandro de Meyners, filio et hsercdi quondam Dom. Roberti de Meyners railitis. (m) Ibidem.
(/;) Stewart's history of the Stewarts, p. 52. (0) Charta in pub. archivis, (/)) This barony is after-
wards called Enach, in all the subsequent rights, {f/) Charta penes Comit. de Etrol.

244 APPENDIX.

place of considerable rank, otherwise he never would had the preference of the
Marischal. Alexander left issue by the above Egidia, or Giles Stewart, only
daughter of James High Sceuard of Scotland (rj.

IV. Sir Robert de Meyners his successor, who got in his father's lifetime from
Robert de Bruce, Dominus de Liddisdale, the lands of Fernauchie and Gowlantine,
in the abthanage or Lordship of Dull, vie. de Perth fsj, from his father Sir Alex-
ander, wherein he is designed his son and heir, a charter ftj of the foresaid lands of
Weem and Aberfeldy, and from David de Strathbogy, Earl of Athol and Constable
of Scotland, the lands of the thanage of Cranach, in vicecomitat. predict, fit J. The
first of these charters is confirmed by King David II. anno 1343 C^'J '■> and the se-
cond by Robert, Steward of Scotland, and Lord oi Kt\\o\(wJ ; thereafter the said
Robert got a charter (^.vj from Duncan Earl of Fife, whereby he grants to him,
consanguineo nostra, the lands of Edramuckie and Morinch Desewer, in vie. pnedict.
and this is likewise confirmed by the said King David II. anno 1343 CyJ- This
Sir Robert married Margaret de Oiiyotlj fyvj, one of the daughters and heirs-por-
tiouers of Sir David de Ouyotb, Knight. This lady in her widowity, with consent
ot yobn de Meyners, her son and heir, gave (a_) to the monastery of Dunfermline,
" Totam terrain meam de Pilkfuran (Pitferran) me jure hcereditano contingentem ;"
and which charter was confirmed by King David JI. mino 1360 f AJ : She Hkewise
in her widowity gave to her consanguineiis Richard Evioth the lands of Busey in
vie. de Perth ; and which was also confirmed by the said King David in the 23d
year of his reign, ad annum 1362 C^J- Of this marriage there were two sons, John
the heir of the family, and Alexander de Meyners, de Fothergill (d) ; and of which
Alexander, who, by his wife Janet, got lands in the shire of Aberdeen in the
north (e), it is reckoned the family of Pitfoddles, and others of the name in that
country are descended.

V. John succeeded to his father Sir Robert, in the whole lands before mention-
ed ; and, further, got a giant from King Robert II. (f) by which his majesty gave
to him and his heirs, " Ilium annuum redditum octo solidorum nobis debitum, sive
" exeuntem castri, Wardae ratione, de terra de Vogry, inira vicecomitat. de Edin-
" burgh." So that it would appear, though there is no document extant to instruct
it, that at that time the family was possessed of the barony of Vogrie, otherwise there
was no necessity of granting them a discharge of the castle-ward duties payable
out of these lands : By Christian his wife (g), John left a son

VI. Robert de Meignes, who got charters from King Robert II. of the barony
of Enach (/j) in the shire of Dumfries, the barony of Vogrie in the shire of Edin-
burgh, the half of the barony of Culter in the shire of Lanark, and the lands of
Ceres in the shire of Fife, proceeding upon his father John's resignation, and, as
he was still alive, his liferent is resei-ved (2). This Robert left a son, David, his
successor, but what other children he had, or to whom he was married, is un-
certain.

VII. Sir David de Mengues, knight, succeeded to his father Robert in the
above lands, and as the bulk of his estate lay then in Perthshire, he did, conform
to a charter granted by King James I. anno 1436, excamb the barony of Vogrie,
in vice, de Edinb. with the barony of Rawer, in vice, de Perth, which the king
disponed to him and his heirs (k) ; and as ihese lands were a part of the lordship

(r) Stewart's Hist, of the Stewarts, p. 52. (s) Charta penes Dom. Robertum Menzies. {i) Charta
penes eundem. (a) Ibidem, (n) lb. (ui) lb. (a-) Ibidem. (_)>) Charta in pub. archivis. (^^0 Ouyoth,
Uyoth, or Evioth, the same name, and which family, afterwards called Evioth of Busey, was of consi-
derable note, and subsisted till the reign of King James VI. that Colin Eviot of Busey was forfeit for
Cowrie's conspiracy. (a) Chart, of Dunfermline. (^h) Charta in pub. archiv. (c) Ibidem, {d) In
the charter granted by the before-mentioned Sir Alexander to Sir Robert his son, Alexander de Meyners
de Fothergill is called his grandchild, (c) Chart, penes, Mr George Crawfurd, by which Euphemia do-
mina de Ross, filia et hasres Willielmi Comitis de Ross, confirms, as superior, a charter granted by Janet
de Meyners, Domina de Fothergill, to Alexander Meyners her husband, of the lands of Fcchelly in the
barony of Kinedicard, and shire of Aberdeen, dated pth March 1381. (/_) Charta in pub. archivis.
C^) Cont. penes D. Robertum Menzies, betwixt the said John and Robert his son and heir, anno 1395,
whereby Robert becomes bound to dispone to Christian de Meyners his mother, the liferent of the lands
of Culter. (h) This formerly called the barony of Durisdeer. (i) Charta in pub. archiv. {i) Charta in
pub. archiv.

APPENDIX. 245;

of Dull, wherein Q^iieen Jean was secured for jointure, her majesty ratified (/) the
charter of excambion, and past from all claim she might have to the barony of
Rawer. This Sir David was one of the hostages for King James l.'s ransom (in),
and is the same who, in that reign, was employed in several embassies to the
crown of Denmark, and made Governor of the Orkneys, which then belonged to
the King of Denmark («). He married Marjory Sinclair, sister of Henry Earl of
Orkney (o), and was by the Earl left sole tutor to Wdliam Sinclair his son and heir:
Of this marriage Sir David had a son, John, his successor. Sir David was married
a second time to one whose name was Helen {/;). In the end of his days he gave
himself up to a religious life, and became a monk of the Sestertian order in the
monastery of Melrose. He made several donations to religious houses ; he gave
the lands of Newkhill in Lanarkshire to the monks of Kelso, in pure alms, " pro
" salute Jacobi Regis et Jeana; Reginae " (17), which the king, by his charter 25th
January 143 1, confirmed {>■). He gave also to the monastery of Melrose (/) the
third part of the lands of \Volfclyde, in the barony of Culter and shire of Lanark,
" pro salute Domini Regis Jacobi, et Joannas Regin;B, et pro salute sui, &-c."
and which donation is confirmed by the king (t) in July 143 1 ; and he likewise
gave to the abbacy of Dunfermline anno 1412, " pro salute animas mea;, et ani-
" marum parentum meorum,&ic. unu'iiannuum redditum sex librarumet undecim
" solidorum, mihi annuatiin de terris de Luscer-Evioth, debitum, et per me, et
" predecessores meos hucusque per manus Balivi, qui pro tempore fuerit pra
" Muskilburgh receptum, &-c." And which charter the said Sir David afterwards,
22d May 1438, with consent of 'John de Mengues, his son and heir, confirms,
" Charitatis mtuitu, ac pro salute animarum nostrarum, et animarum Marjoriae et
" Helenas uxorum mearum, &c." {u). Sir David left likewise another son, but
of which of his marriages is uncertain ; his name was Cudbert (a-) ; he got a feu
grant of part of the barony of Enach from John his brother (y), and it is reckoned
that the family of Enach (z), and others in Dumfries-shire, were descended of
him.

VIII. John de Mengeis succeeded his father Sir David, and got grants from the
crown of all his lands, proceeding upon his father's resignation («). He married
Janet Carruthers {b), daughter to Carruthers of Holmains ; he had three sons,
George, who married Elizabeth, daughter of Robert Duncanson of Struan (c),
sans issue. Sir Robert his successor, and John, the ancestor of the family of Culter-
allers (rf).

IX. Sir Robert, the second son, was, in the year 1487, retoured heir to John,
his father, in the haill lands before mentioned ; it was in this Robert's time that
the mansion-house of the family was burnt, which induced the sovereign to give
him a new grant of his whole lands and estate, and to erect all of them into a free;
barony, to be called the Barony of Menzies ; the words are, " Dilecto nostro Ro-
" berto Menzies, de eodem, militi, pro bono et gratuito servitio, et quia intelli-
" gimus quod ip.sius Roberti carta; et evidenciae tempore combustionis sui loci de:

(/) Ratlficatio penes D. Robertum Menzies. («) Rymer's Fuedera. (n) ForfeJ Wstoria Otcadensis.
(5) Com-nission of Baillery by Marjory to Jobn her son and heir, and nomination by Heniy Earl of
Orkney, wherein the Eirl calls S'r Du-id his brother-in-law, both penes de Robertum Menzies.
( /) ) Donation to the monastery of Dunfermline above mentioned, pro salute animarum M.irjori^B et
Helence uxorum mearum. {q) Chartulary of Kelso. (r) Charta in pub. archiv. (,r) Chartjiary of
Melrose. (0 Ciarta in pub- archiv. (u) Chartulary of Dunfermline, {x) Reversion of the lands of
Auchintinsel and Duncrule in the barony of Enach, granted by the said Cudbert to John de Meignes,
his brother- german, anno 1472. {y) Constat, per said Reversion, {jz) It is to be observed. That be-
fore this period there are IVJenzieses of Enach mentioned ; but then these were always the eldest sons of
the family of Menzies, they were so stiled till they got the estate ; the predecessor of the present family
of Enach was, in the 1603, called Menzies of Boltachan ; for at that time Adam Menzies of Boltachaii
got the superiority of Enach from Menzies of that Ilk; Charta in pub. archiv. : ad annum 1603, and from-
thii Adam is Captain Charles Menzies, the representative of that family, lineally descended, {a) Char-
ta in pub. archiv. in the reigns of King James I. and II. (b) Mr George Crawfurd has the voucher
of this marriage. {c^ Charta in pub. archiv. in favour of the said George and Elizabeth daughter of
Robert Duncanson of Struan, proceeding upon John de Meignes the father's resignation, ad annu n.
{d) Charta penes Robertum Menzies de Culterallers of the lands of Cultcralleis granted by Sir Robein
Menzies, knight, to John Menzies meo fratri germano, anno 15 10.

Vol., II. G 7,

246 APPENDIX.

" Weem, per malefactorcs combust, et destruct. fuevunt, &c." (e). This Sir
Robert married Margaret Lindsay', daughter of Sir David Lindsay ot Edziell (/),
and left issue three sons, Sir Robert his successor, Wilham Menzies of Roro, ances-
tor of the family of Shian (^), and Alexander (Z)), and a daughter, Margaret, mar-
ried to William Robertson oi: Struan (/).

X. Sir Robert, in the year 1520, was retoured heir to his father in the estate
of Menzies (k) ; he married first Christian Gordon, eldest daughter of Alexander
Earl of Huntly, by Jean Stewart, daughter of John Earl of Athol (/), by whom
lie had Alexander his successor; and afterwards he married Marion Campbell,
daughter of Archibald Earl of Argyle (;«) ; but of this last marriage there does
not appear to have been any issue.

XI. Alexander, anno 1557, was retoured heir to his father in the above estate
of Menzies («) ; he married first Janet Campbell, daughter of Sir James Campbell
of Lawers (0), by whom he had a son, James ; and afterwards he married Katha-
rine M'Ghie (p), by whom he had three sons, George, Mr James, the ancestor of
the family of Culdares, and Thomas (q).

XII. James succeeded Alexander his father, and married Barbara Stewart (r),
eldest daughter of John Earl of Athol, by Jean, daughter of John Lord For-
bes (j) ; he left two sons, Alexander his successor, and Duncan Menzies of
Comrie (t) ; likwise two daughters, Helen, married to James Beaton of Me-
gum (?/), and Grizel, married to Mr James Grant of Ardmilly, brother-german to
John Grant of Freuchie (v), ancestor to the Laird of Grant (w).

XIII. Alexander, afterwards Sir Alexander, was in the year 1588 retoured heir
to his father James (x). He married, first, Margaret Campbell, daughter of Sir
Duncan Campbell of Glenorchy (y), s/ins issue ; thereafter he married Elizabeth,
daughter of Sir John Forrester of Garden (z), by Margaret, daughter of John
Earl of Wigton, by whom he had a son, John (a), who died without issue, and
Duncan, who succeeded to his brother. Sir Alexander afterwards married Marjory
Campbell, daughter of Alexander, Bishop of Brechin [b), of which last mar-
riage he had seven sons, Alexander Menzies of Rotmell, of whom there are de-
scendants still alive; William Menzies of Carse, of whom there are likewise de-
scendants ; Thomas Menzies of Inchaffray, Robert Menzies of Classic, George, Da-
vid, and Mr Archibald, who was a Writer to tlie Signet ; but of these five there
are no descendants alive (r). He had likewise of this marriage four daughters,
Helen, married to Sir James Campbell of Lawers (d), Grissel, to Sir Thomas
Stewart of GrandtuUy {^), Margaret, to Colin Campbell of Bowhastle, second son
to the Laird of Glenorchy (/), and Jean, married to Alexander Robertson of
Lude (^).

(e) Charta in pub. arcliiv. 1 510 before mentioned. (_/") This Sir David had another daughter mar-
ried to Ruthven of that Ilk, ancestor of the Lord Ruthven. (^) Assignation granted by William
Menzies of Roro to Sir Robert his father, 8th March 1 5 20. (A) Alexander had a son, John, who got,
7th July 1546, a charter of Tegramuch from his uncle Sir Robert ; he is called Joanni filio Alcxandrl
Menzies fratris mei. ( z') Con. of Mar. penes Dom. Robertum Menzies. (^t) Retour penes eundem.
r/) Con. of Mar, byway of indenture betwixt Sir Robert Menzies, knight, in behalf of Robert the
son, and the Earl in behalf of his daughter, 22d Nov. i <;o3. (;«) Con. of Mar. penes eundem, 8th
Decern. 1526, Janet Countess, of Athol, Sir John Campbell of Calder, and Archibald Campbell of
Skipnach, are burden-takers for the bride, and oblige them to pay 600 nierks of tocher. («) Retour
penes eundem. (0) Con. of Mar. penes eundem. (/>) Con. penes eundem. (y) Latter-will and
testament of Alexander Menzies of that Ilk, penes Jacobum Menzies de Culdares. (r) Con. of Mar.
penes Dom. Robertum M'-nzics. (,r) Stewart's History of the Stewarts' family of Athol. (/) Charta
de Comrie penes Dom. Robertum Menzies, of this family of Comrie is lineally descended Captain John
Menzies. (a) Discharge of Tocher, penes Dom. Robertum Menzies. (v) Con. of Mar. penes eundem.
(ui) The Lairds of Grant, till of late, were called Grants of Freuchie. (.v) Retour penes Dom. Rober-
tum Menzies. (y) Genealogy of the family of Glenorchy. (a) Charta in pub. archiv. ad annum 1603.
(a) The above cliarter 1603, wherein John, eldest son and heir of the said Sir Alexander, procreated
betwixt him and Elizabeth Forrester, is provided to the fee of the estate. (/>) Contract of mar. penes
Dominum Robertum Menzies. This Marjory had a sister, Margaret, married to Sir John Hamilton of
Litterick, ancestor to the family of Bargcny. Craw. Peerage. (c) Test, of Sir Alexander Menzies,.
penes Dom. Robertum Menzies. (i^J Contract of mar, penes eundem. (c) Ibid. (/) Ibid, (f) Ibid..

API^ENDIX.. ^47

XIV. DuNC.\N succeeded to his father, and was, in the 1624, retouvcd heir to John
.'lis brother, in such parts of his estate as he died in tlie fee of (,•;). He married fean
Le':hc. >>nly daughter of James, Master of Rotlies (/)), by Kalliarine, daughter of
Patrick Lord Diummond; of which marriage Duncan had three sons, Alexander,,
h'- accessor, Robert, who died witliout issue, and W'ilham (<), who was killed at

th ■ battle of Worcester; and five daughters, iNIarjory, married to Trotter,

m^iciiant in Portugal {d), Jean, married to Mr Robert Campbell of Finnab (c), Eli-
zabrrh to xVlexander M'Nab of that Ilk {/■), Margaret, to Alexander Stewart of
Toss (^), and Helen, who died unmarried (/»). •

XV. Alexander succeeded to his father Duncan, and was created a Knight Ba-
ronet 2d September 1665 (/) ; the words of the patent are, " In memoriam revo-
" cantes multa praclara servitia nobis, nostrisque ilhistrissimis progenitoribus,
" per dilectum nostrum Dominum Alexandrum Menzies de eodem, equitetn au-
" ratum, ejusque praedecessores, pnestita &. peracta, et gravia damna iis iilata.
" Quinetiam, eum esse philarchum & principem clarae familia; cognomine Men-
" zies„ in hoc regno nostro Scotiae, Sj-c." He married Agnes Campbell (,(), eldest
dau.;Uter of Sir John Campbell of Glenorchy, by Mary, daughter of William Earl
01 \irth and Monteith (') ; of which marriage he had two sons, Robert, his heir,
a: ! Captain James Menzies, who is still alive (-n) ; and three daughters, Susan,
married first to Lord Neil Campbell, second son to Archibald Marquis of Argyie,
and afterwards to Col. Alexander Campbell of Fiiinab ; Jean, married to Mungo
Can obeli of Netherplace, and Emilia to Thomas Fleming of Moness.

XVI. Robert Menzies, Fiar of Menzies, for his father Su- Alexander survived
hiin, made an early appearance at the late revolution, and had not fate cut him
off in the flower of his age, would have made a considerable figure, he being a
gentleman of great parts and influence. He married Anne Sandilands, daughter
of Walter Lord Torphichen, by Katharine, daughter of William Lord Alexander
eldest son of William Earl of Stirling. He died in the year 1691, leaving issue
two sons. Sir Alexander, his heir, and James, who died young sans issue ; and
two daughters, Christian, first married to Patrick Stewart of Eallechan, and after-
wards to John Farquharson of Invercauld; but of neither of these marriages are
there issue surviving; and Katharine married to John Menzies, M. D. of the fami-
ly of Culterallers, of whom there is issue.

XVII. Sir Alexander, son of the said Sir Robert, who succeeded to the estate
after his grandfather's death, married his own cousin-german, Christian, daughter
of Lord Neil Campbell, by Susan Menzies his second wife, by whom he left Sir
Robert his successor, and a daughter, Christian, who was married to William
Macintosh of that Ilk, Esq. but of whom there is no surviving issue.

XVIII. Sir Robert succeeded his father, and presently enjoys the estate of his an-
cestors, he is married to the Lady Mary Stewart, eldest daughter of James Earl of
Bute, by Lady Anne Campbell, daughter of Archibald Duke of Argyie.

The armorial bearing of this family is argent, a chief gules ; crest, a Saracen's
head erazed, proper; supporters, two savages; and moito. Will God I shall.

(a) Retour. (4) Cont. mar. (c) Duncan's Latter-will. (//) Disch. of Tocher, penes eundem. (f) Con. .
raar. penes eunde n. (/) Ibid, (g) Ih'i. {h) The Tesiament above mentioned. (/) Patent penes
Dom. Robertum Menzies, et in puj. archiv. {t) Con. mar. penes eundem. (/) Genealoijv of the family
of G'lenorchy. ("i^ Capt,in Menzies .carried Anna Campbell, .daughter to Lord Nell Campbell bv Lady
Vcr Ker his fii't r.-i'e, an:t has Issue four sons, John, Jrmie-, Neil, and Duncan, and several daughtt'rs, one
married to Jities Stewart of Killichassj', one to Robert Fleming of Moness, and one to Lieutenant Tohn^
M-iCenzie of Kincraig, &c.

3

24b. APPENDIX.

VANS OF Barnbaroch.

THE leariied antiquary and historian Sir James Dalrymple (a) observes, That
die anciegt surname of Vans, in Latin charters called de Fallibus, is the same with
the name of Vaux in England, and is one of the first surnames that appears there
after the conquest. One of the family came to Scotland in the time of King Da-
vid I. ; and in the reign of his grandson and successor Malcolm IV. mention is made
of Philip de Vedlibus, who had possessions in the south on the border ; and soon
after that we find the family of the lal/ibus or Fans, proprietors of the lands and
barony of Dirleton in East-Lothian. 'Joannes de Vallibus, Dominus de Dirletoun,
gave in pure and perpetual alms to the Episcopal See of Glasgow, dece7n marcas de
firmis terra: Slice de Golyn (6); dated apud Edinburgh i8th April 1249; which is ra-
tified by King Alexander IIL the 4th of June, the 29th year of his reign [c). He
was succeeded by

Sir Alexander de Vallibus his son, who is designed filius Joannis de Vallibus,
militis, who exchanges the annuity out of the lands of Golyn, given to the Metro-
poHtan Church of Glasgow by his father, for the same ten merks to Ise uphfted
out of his mill of Haddington. The deed bears date at Glasgow, i^tio Kalendas
Decembris 1267 {d). He was succeeded by ^.nothev Joannes de Vallibus, Ikiminus de
Dirletoun, who ratifies and confirms to the church of Glasgow the deed of Sir John
his grandfaiher, dated in Capitulo Ecclesia Glasguen. the 8th of February 1305 {e).
The family of the Vans, or de Vallibus of Dirleton, flourished down in the male-
line till the reign of Robert IL that it came to terminate in an heir-female, who
was married to John Halyburton, son to Sir Walter, and brother to another Sir
Walter Halyburton of that Ilk, who thereupon assumed the title, and carried the
arms of the Vanses, viz. argent, a bend azure, in his achievement, and which was
borne quarterly in the arms of the Lord Halyburton of Dirleton, so long as the
family subsisted. There is a charter ffj granted by Henricus de Sancto Clara,
Comes Orkadice, ac Djminus de Roslyn, Jacobo de Sancto Claro Domino de Longfor-
macus, dated the 22d of June 1384, to which there are witnesses, Thoma de Ers-
kine de Dun, Georgia de Abernetijy de Saiilton, Waltero Haliburton de eodem, et Jo-
anne de Haliburton de Dirletoun, militibus. This Sir John Halyburton of Dirleton,
by the heir-general of the family of the Vanies of Dirleton aforesaid, had a son,
Sir Walter Halyburton of Dirleton, who succeeded his uncle in the estate and ba-
rony of Halyburton, and is upon that designed in several authentic deeds still extant
(jr). IVat'-i us de Haliburton, dominus ejusdem, et de Dirletoun; and, as the family of
Halyburton carried the arms of the Vanses quartered with their own, so for some
time did ail the three families that married the daughters and co-heirs of Patrick the
last Lord Halyburton of Dirleton carry the coat of arms of the Vanses of
Dirleton, quartered in their several achievements, viz. the Lord Ruthven, who was
afterwards Earl of Gowrie, the Lord Home, and Kerr of Faudinside.

The only remaining heirs-male of the ancient family of the Vanses of Dirleton
were the Vanses of Barnbaroch, in the county of Wigton, who carry the bend for
their arms, the principal figure of the coat of the Vanses, and charge the bend with
a mullet, intimating that they were a younger son of the House of Dirleton. But
now, since they represent the principal family, by the rules and maxims that are
hid down in heraldry, they may strike out the mullet, the brotherly difference, and-
wear and carry the bend-simple, as they have done for some centuries.

The original ancestor of the Vanses of Barnbaroch, who was a younger son of
the Vanses of Dirleton, got the lands of Barnbaroch from the Earls of Douglas,
while they had the lordship of Galloway, which might be soon after that Sir Archi-

(a) Appendi.x to the Collections relating to the Scots History. {h) Excerpts from the Chartulary of
Glasgow in the Lawjiers' Library. (r) Ibidem. U) Ibidem, U.) Ibidem, (f) Penes Dom. Robert.
Sinclair de Longformacus, Baronet, {g) Writs in the hands of the Earl of Buchan.

APPENDIX. 249

bald Douglas got that great lordship in the reign of King Robert II. that we find
him desigiied, from authentic and clear vouchers, Domi/ius Giiluidia:; and even
after the ijSS, that he comes to tiie succession of the earldom of Douglas, he stiles
\mr\se\t' Copies de Do!/j[/as, fic Dominiis G(i/u/ili,v(,;), as did also his successors ; for,
although the Vanses of Barnbaroch had been long vassals to the luirls of Douglas,
yet, what by tiie teuds that were common in the more ancient times, what by
Other accidents that have befallen the archives of other ancient famihes, as well as
this of the Vanses of Barnbaroch, they have no charters in their custody preceding
the reign of K.ing James U. for then they have a charter granted by IVillielmus
Comes de Douglas, vi" Domiiius Galuidia, dilecto armigeirj suo Roberto I 'mis, dc tcrris
de Bainglass is' Banibarroch, and many other lands, hitredibus stiis Isi assijf/uitis,
data 26th January 145 1 (i); which charter is ratified and confirmed by a charter
under the Great Seal, the 13th of August the same year. But, though the family
of Barnbaroch have no older charters now in their custody, yet it is plain and
e\ ident, that the Vanses of this house had subsisted long before that ; for a younger
brother of the family, Mr George Vans, Dean of Glasgow, was Secretary of State
to King James II. (c). This Robert Vans of Barnbaroch, aforesaid, was succeed-
ed by Blanse Vans of Barnbaroch, his son and heir; and he had also a younger
son, George, Bishop of Galloway. There is a charter by King James II. to Blanse
Vans, son and heir apparent of Robert Vans of Barnbaroch, of the lands of Barn-
glass and Barnbaroch, &.c.; in the resignation of his father the lands are provided
to the heirs-male of Blanse nominatim; and failing these, to several other collate-
ral heirs-male carrying the surname of Vans. The charter is dated at Kirkcud-
bright the 8th of March 1458 {d); this was when the sovereign came to have the
lordship of Galloway in the forfeiture of the Earl of Douglas. This Blanse was
succeeded by

Patrick Vans of Barnbaroch, his son, who has a charter of conjunct infeftment
to himself and Margaret Kennedy, his spouse, of several lands which he held of
the crown in the 1498 (^e). He was succeeded by

Alexander Vans of Barnbaroch, his son and heir, who resigns the lands of
Kirkwonask in favour of xvlr Patrick Vans of Westraw, as from the instrument in the
resignation, still extant, dated the nth June 1508 (/). This Alexander Vans of
Barnbaroch was succeeded by

John Vans of Barnbaroch, his son and heir, who had a grant by charter from
Patrick Vans of Whitehalls, of the lands of Dunjargan, dated the 9th of August
1535, which is confirmed by a charter under the Great Seal of King James V.
bearing date the 3d of February 1537. He married Janet Kennedy (^_), daughter
to the Earl of Cassilis, and had Alexander, his successor, and Patrick, who succeed-
ed his brother in the estate.

This Alexander Vans of Barnbaroch married Euphame, daughter of Sir John
Dunbar of Mochrum; but he dying without issue-male, was succeeded by his
brother nnd heir-male,

Mr Patrick Vans of Barnbaroch, who was a gentleman of reputation for parts
and integrity. During the heat of the civil war this gentleman was solicited with
the greatest earnestness by the two contending parties; those who appeared for
the young king, and both the oueen herself, and the regents who supported the
young king, wrote him letters of solicitation to come over to their side, judging it
of no small consequence to which of the parties he attached and joined himself:
However, he sided with the king's party, and was thereupon named one of the
Privy Council and Exchequer, and one of the Senators of the College of Justice in
the 1582 {b). In the 1587 he was joined in commission with Mr Peter Young of
Seaton, in an embassy to Denmark, where he discharged his negociation with ho-
nour and success. Upon his return he made the first proposal to the king of the
Princess of Denmark, as a proper spouse for his majesty; and when the king went

(fl) Charters in the public records. {b) Charter in the charter-chest of the family. (c) Lives of
Officers of State. (d) Charter in the charter-chest of the family. (f) Charter under the Great Seal
in the records. (^f) Writ in the archives of the family, {g) Historical and Genealogical Account of
the family of Cassilis, JVISS. (h) All this appears from original letters still preserved in the family.

Vol. n. 7 A

,30 APPENDIX.

to Denmark in person to espouse the princess, he had the honour to attend liis
majesty to Upsal, where the marriage was happily solemnized ; at which time he
got a charter of his estate in liferent, and the patronages of the churches of Wig-
ton and Colmonell, and Kirkcowen, and to John Vans, his son and apparent hen-,
jn fee, dated at Upsal the last of November 1589, which is confirmed by the
Scottish Parliament; and in the preamble to the charter Sir Patrick's great merit
and services are very honourably set forth {a). This Sir Patrick Vans of Barn-
baroch married Katharine Kennedy, daughter to the Earl of Cassihs, by whom he
had Sir John Vans, his son and heir, who was of the Privy Chamber to King
James VI. ; and, being in a good degree of favour with that prince, he had a grant
of the estate of Longcastle in Ireland, of considerable value; and upon that, in his
father's lifetime, he was designed by the title of Longcastle. He married Mar-
garet, daughter of Uthred M'Dowall of Garthland (b), and had by her Patrick, his
son and heir apparent, who married Grissel, daughter of John Johnstone of that ilk,
then Lord Hartfield, ancestor to the present Marquis of Annandale, by Margaret
his wife, daughter of Sir Walter Scott of Buccleugh(t), ancestorto the present Duke
of Buccleugh, by whom he had John, his son and iieir apparent, in whose favour
Sir John, his grandfather, resigns the fee of the whole estate, dated the 30th of Ja-
nuary 1640 (^). The same Sir Patrick Vans of Barnbaroch, with consent of his
father. Sir John Vans of Barnbaroch, provides his second son, Alexander Vans, in
the lands of Barqnhanny, by his charter dated the 15th of February 1640 (e).
This Sir Patrick Vans of Barnbaroch was succeeded by

John Vans of Barnbaroch, his son, who married Grissel, daughter of John
M'CuUoch of Myrton: but he dying without is.ue-male, was succeeded by Cap-
tain Alexander Vans of Barquhanny, his brother-german. He married Margaret,
daughter of William Maxwell of Monreith, by whom he had Colonel Patrick
Vans of Barnbaroch, who was member of Parliament for the burgh of Wigton,
and the districts thereof. He married, first, Jean, daughter of Sir James Campbell
of Lawers, by whom he had Patrick Vans, Esq. his eldest son, and a daughter,
Agnes, who was married to James Brown of Carsluth, now both alive. He mar-
ried, next, Barbara, daughter of Patrick M'Dowall of Freugh ; and dying on
the 27th of January 1733, left issue, by his wife foresaid, two sons, John and Alex-
ander, and three daughters, all yet alive ;

Barbara, Anne, Elizabeth.

The armorial bearing of this ancient family is ardent, a bend azure, as in the
First Volume of this work: The author has only there taken notice of the crest
and mottb, which is a lion rampant, holding in his dexter paw a pair of balances,
proper: But from the attestation of two gentlemen, of undoubted credit and re-
putation, the coat of arms of the family, as it stands engraved on the old House of
Barnbaroch, is supported by two savages, with clubs in their hands, and wreathed
about the middle with laurel : crest and motto as in the First Volume.

M'DOWALL OF Freugh.

IT is agreed on by all our modern antiquaries, that all the familiesof the M'Dowalls
are branched from the great Lords of Galloway, who appear to be great men as
soon as we have the authority of charters or records to rely on. Mr Nis-
bet, in his Treatise of Heraldry, or some other in his name, has made a kind of
dissertation on the three families of the M'Dowalls in the county of Wigton :
But it is obvious this is done in such a manner, that sometimes it would seem the
author is not serious, and has rather embarrassed than cleared up the origin either

(a) Charter in the custody of the family, (i) Ibidem, charter under the Great Seal to Sir John Vans
of Barnbaroch, and Margaret M'Dowall his spouse, 12th March 1608. (c) Collections relating to the
family of Johnstone, MSS. (</) Charta penes the family of Vans, (f) Ibidem.

APPENDIX. 1^.

af tlie House of Freujrh, or the othev two, who all three set up on a footing of i^
dependency of one another. Frcugh, in that Treatise, is treated by the author in
a very abusive manner, and is run down at a terrible rate. 1 can see no ground for
all this, unless it be a pedigree and line of descent of the M'Dowalls of Freugh,
drawn up b3' some very unskilful liund, that Mr Nisbet pretended bad been sent
him, and founded upon a very wild conceit, that the Ein-ls of Carrick, as well as
the Lords of Galloway, were anciently of tire surname of iVl'Dowall ; whereas it is
evident, beyond the possibility of cavil or contradiction, that the surname they
used was territorial, rfc Gallouyia {<i). And the Eiirls of Cai-rick, though they
were a branch ot the House of Galloway, yet when they got the lands of Carrick,
they, as was the usual custom of the time, surnamed themselves (^/^ Ci/n/r/i (/ii);
so tliere is not the least vestige that ever they had the surname of M-DowaU, or
any thing like it. Ulgerick and Douenald were the leaders, and no question the
Lords of Galloway in the reign of King David 1. They were botli slain in their
country's service at the battle of Allerton, against the English, anno 1138 (f);
they seem to be brothers. From Douenald, or B'jucgald, the iVl'Dowalls or M'Dou-
galls, as they are called in the more ancient writs, are sprung. The surname inti-
mates that they are the oftspring and descendants of Dougal, or Dungald, which is
one and the same. In this Appendix M'Dowall of Freugh, we say, is run down
at an odd rate, with a view to raise and exalt the other two competing families.
Freugh has no mind to retaliate that way ; he thinks that far below him; he
frankly acknowledges the other two families, as well as he himself, are descendants
and branches of the Galloway family; all he intends is to do justice to himself, and
to rescue his family from the load of infamy Mr Nisbet, or some other in his name,
has endeavoured to throw on it, without any ground or provocation given by
him for such a severe treatment: Retaliations of that kind never do any good, nor
is any thing said in such a way much minded; that rather exposes all competitors
and competitions of that kind to the ridicule and diversion of all sober men. This
is obvious, and so generally acknowledged to be true, that we need insist no longer
in a matter that is so well known.

The fust time the surra'-^e of M'Dowall or M'Dougall is found in any authen-
tic voucher or record, is in that deed of submission and fealty that was so univer-
sally gone into by the Scots nation, whereby they acknowledged King Edward I.
of England as direct superior Lord of the kingdom of Scotland, anno 1296: there
are two gentlemen of the name there, Dougall M-Dougall, and Fergus M'Dougall,
Dd Count de Uli^ioun (d), which gives the M'Dowalls a claim to a very high anti-
quity. There is soon after this a Fer^ush/s M'Douall in the records, and in the
Feedera; and the truth is, these M'Dowalls are applicable to be the ancestors of all
the three competitors, Freugh, Garthland, and Logan. After them there is a
Dougall M'Dougall, Gallovidianus, who was a man of such eminency in Galloway
that he was like to turn very troublesome to King David Bruce; he, it seems, in-
tended to set up for independency, which threatened the peace of the country,
and was like to grow up to a rebellion; but his pretensions, if he had any such,
were defeated by the conduct and vigilance of Sir Archibald Douglas, who obliged
him to submit, and swear allegiance to the king, as his rightful sovereign, in the
church of Cumnock; our author's (the learned Dr Major's words) are, " Post Angli
" decessum, dominus Willielmus Douglasius sibi subjectos colligens, in Gal-
" luyiam vadit, ubi, ferro & verbis, omnes ad Davidis Brussii partes sequendas
" impulit : lllic Donaldus M'Douall, in ecclesia de Cumnoc, irdelitatem regi
" jurat ((?). This Donaldus, or Douenaldus M'Douall had a son, Fergusius, who is
designed patronymically Fergushis filius Douenaldi M'Douall, as witness to a char-
ter, in or about the 139Q, granted by Johannes de Cr aim furd, filius, dominus de
Dalgarnock, fobanni Ferguson domino de Craigdarroch, de tern's de Garbruch, in
baronia de Glencarn (/). This Fergusius must be the same Fergusius M'Douall,
designed Gallovidianus by Dr Major in his History of Scotland, who, with many
others of his countrymen of quality and rank, was taken prisoner by the English

(a) The ancient chartularies of Glasgow and Melrose, and the ancient histories, (i) Charters of the
abbey and nunnery of North-Berwick, raentioncd by the learned Sir James Dalrymplc. (c) Ibidem,
from the Chronicon Saxicon. {d ) Ragman's Roll in Prynne's History. (f ) Majoris Historia, Mi
Freebairn's late exact and correct edition, page 285. {/) Charta penes Craigdarroch.

ZS2 APPENDIX.

tthe battle of Homildon in the 1401; he, doubtless, is the same dominus Ferji/iivi
Douall, miles, who is one of the witnesses to a charter by Archibnldus comes de
Douglas, dominus Gulluidie W Annandale, domino Jobanni Senescallo de Grayton li
Callie, de terns de Burle, in dominio Galluidie, and to Elizabeth his daughter. The wit-
nesses tt"> the charter are IVillielnius de Douglas, nepos to the Earl of Douglas the
granter, Thomas AfCullocb, Fergusiiis M-Djuall, Alexander Gordon, Johannes Keith,
militibus, all knights, Alexander Cairnys prtrpositus Ecclesiie de Lincludin, Johan-
nes Gordon, IVillielmus Senescalli, W aliis. The charter wants a date, as was then
very usual ; but that which will fix it very near, and clear up the precise date, is a
dispensation from the Pope for Elizabeth, the daughter of Sir John Stewart, afore-
said, to marry Alexander Stewart of Torbane, a brother of the House of Darnly,
notwithstanding they stood within the degrees of consanguinity in blood, pro-
hibited by the laws and canons of the church. This deed is dated in the 141 1,
and goes far to clear the date of the former charter (rt). Now, admitting that all
the three families competing, Freugh, Logan, and Garthland, should claim this
dominus Fergusius MDouall to be their own ancestor, yet it is plain, from these
following vouchers, that he is the predecessor of the House of Freugh; the argu-
ments brought to support this allegation are submitted to the judgment of every
impartial man, whether Freugh has not most to say on this point.

\mo. Neither Garthland nor Logan, the other two competing families, have a
Sir Fergus as the head of their families at the time; for, in the 1413, the name of
the Laird of Garthland, when he got the charter of his estate from the Earl of
Douglas, his name is not Fergus, but Thomas M'Dowall (/!>), and his son's name is
Uthred M'Dowall of Garthland, in the 1426. As this Sir Fergus M'Dowall is
clearly not the ancestor of the House of Garthland, so

ido. Neither is he the ancestor of the House of Logan; for how soon the family
of Logan have writs and charters in the fourteenth century, the name of their an-
cestor is Patrick M'Dowall of Logan {c). But that no objection may remain, as if
this Sir Fergus M'Dowall were the ancestor of the M'Dowalls of Makerston,
Freugh urges,

3«io, That from the records, to which he refers (rf), he is able to show, that the
name of the head of the family of Makerston is not Fergus, but Dougall M'Dou-
gall of Makerston from the 1400, and above twelve years downward : So that
Freugh conceives himself so well entitled to this Sir Fergus, that he contends, and
on very rational grounds, that he is his own ancestor, and can be no other's.

Although Freugh, as is already hinted in this memorial, has not the remotest
thought to run down the antiquity or the lustre of any of the other families of the
M'Dowalls, he only intends to vindicate himself from the aspersions thrown on his
family in this Appendix, though he does not well know from whom ; he thinks he
is, at least, entitled to an antiquity as high as any other family of the M'Dowalls
whatever, and to a perfect equality of rank; and he has no view of carrying his
pretensions any further, though he might urge that his family seems to have been
considered in ancient times as superior to the other two in quality, because the
House of Freugh had the patronage of the parochial church, where at that time
they all had their chief seats of residence; Garthland has it still, and all the three have
the burial-place of their families at the church of Stonnykirk. A patronage, we may
observe, was a noble dignity in a family in times of popery ; it was highly esteem-
ed, because the patron was to be named in all the masses said in this church; and
it is a maxim among antiquaries, that a patronage was always given to the fa-
milies of the greatest eminence of rank in the parochial district. As far as this
argument can go, it is with the family of Freugh ; for when the lordship of Gal-
loway came to be vested in the crown, by the attainder of James, the last of the
race of the Earls of Douglas, in the 1455 (f), the Jus patronatus Si' advocationl
ecclesiae de Stonny-kirk is given and bestowed on Gilbert M'Dowall of Ravenston
and Freugh (/).

ia) The charter to Sir John Stewart by the Earl of Douglas, I have seen under the hand of the cele-
brated antiquary Mr David Simpson, Historigcapher for Scotland, taken out of the Earl of Galloway's
charter-cbest. (4) The original charter cited by Mr Nisbet, and is exact enough. (f) Charter by
Patrick M'Dowall of the lands of Aldrich, &c. in 1454. (</) Charters from the registers, (e) Black
acts of Parliament. (/) Charter from the croivn to Gilbert M'Dowall of Ravenston, in the custody of
the present Freugh.

APPENDIX. 253

We come next to deduce the line and race of the descent of Freugh, and in this
respect his family writs will carry him up to the reign of King James 1. which
is as far back as any of his two competitors can carry the standing of their families :
For Freugh acknowledges, that none of the three families have the first charters or
titles to their estates they might, and no doubt had, from the crown, when the
lordship of Galloway was vested there, before it was given to Sir Archibald Dou-
glas, afterwards Earl of Douglas, in the 1371 (c/). 1 am apt to beheve he was a
hard and rigorous master to his vassals, forced them to give up their ancient char-
ters, and continued them in possession by such title as he was pleased to give them ;
for not one charter by him to his vassals appears, and but only one granted by his
son, and another by his grandson (b) ; which are all the charters that are extant to
any of the vassals of the lordship of Galloway, till it came to the crown.

But though M'Dowall of Freugh has no charter or other title to his estate from
the crown, till after the attainder of the House of Douglas, yet it is certain,
from other authentic vouchers, that they had the estates of Ravenston, Freugh,
and Urle, before that : For it is clear, that Gilbert M'Dowall of Ravenston gave
the lands of Urle, in the lordship of Craighlaw, to John Macgiligh, who, it seems,
having only a daughter or heir-female, bestowed her in marriage, with his estate,
on Gilbert M'Dowall, son and heir, as he is designed, of Gilbert M'Dowall of Ra-
venston. He gave him and Katharine Macgiligh, his wife, a charter of the lands.
Their instrument of possession is dated the 8th of November 1445 (c), which is
ten years before the forfeiture of the Earl of Douglas : But this shows that the
House of Freugh had their estate long before they have any charters from the
crown, which was not before the reign of King James II. Sure we are this gentle-
man got from the crown a feu-charter of the lands of Ravenston, Urle, and Freugh,
with the advocation and donation of the church Stonnykirk, which he again, in the
decline of his age and years, resigns in the Sovereign's hands in favour of Gilbert
M'Dowall his grandson, " nepoti suo et hsredi apparenti ;" upon which there was
a charter expede in due form under the Great Seal, the 17th January 1473-4 {d).
His own son, Fergus, had died in the life of his father: But he left a son, we see,
his grandfather's heir apparent, to whom he gave the fee of his estate ; and after
that he conveys the most of his moveable estate to him, reserving a right out of
the whole to his lady, Agnes M'Culloch, who was of the House of Myrton (e),
His grandfather died at a great age in 1496, and was succeeded by his grandson
Gilbert M'Dowall of Freugh (/), who was slain with a huge deal of the nobility
and gentry of Scotland, with King James IV. at the misfortunate battle of Flod-
den, the 9th September 1513 (g), leaving issue by Isabel his wife, daughter of

Gordon of Lochinvar (h), the ancestor of the Viscounts of Kenmure.

Fergus, his son and successor, who, in the 15 18, was served and retoured heir to
Gilbert M'Dowall of Freugh, his father, and to Fergus, his grandfather, nvus smis (/')•
He brought a very noble alliance by marriage to his family ; his wife was Dame
Janet Kennedy, daughter of David the first Earl of Cassilis {k), sister to Gilbert
Earl of Cassilis, who contracts the lady his sister in marriage. He was slain on
Saturday, commonly called the Black Saturday, the loth of September 1547, at
the battle of Pinky-Cleugh, against the English, and left a son to succeed hun by
his wife the foresaid noble lady, James M'Dowall of Freugh, who is served heir
to his father, " qui obiit ad fidem et pacem, sub vexillo S. D. N. Regince, in campo
" belli apud Pmky-Cleugh (/). He married Florence, daughter of John M'Dowall
of Garthland (ra). The marriage proceeds upon a dispensation from the Apostolic
See (so the court of Rome is called) because of consanguinity the parties stood
in to other. He had issue by his lady, John M'Dowall of Freugh (//), who
died without issue ; so his estate, that stood devised to heirs whatever, came to his
sister Mary M'Dowall, heiress of Freugh ; her uncle, Uchred M'Dowall of Garth-
land, had her ward, and was her guardian. He bestowed her in marriage on

(a) Haddington's Collections from the Records. (/>) One in Garthland's custody, and another in
Vans of Barnbaroch's. (r) Charter I have seen in the hands of Freugh. {d) Still extant in the family of
Freugh. {e) Ibidem. (/) Ibidem, (g) Ibidem. (A) Charta penes Freugh. (/') Ibidem, (f) The ori-
ginal marriage-articles are still extant in the charter-chest of the family of Freugh ; the marriage portion
is 400 merks. (/) Ibidem, [ra) The contract and dispensation is still e-xtant in the writs of the fanjily.
(«) Writs ot the family, ad annum 1577.

Vol. II. 7 B

i54 APPENDIX.

a gentleman of her ow-q blood and kindred, wbo, they say, was an heii-maie ol
her own family, John M'Dowall, apparent heir of Dowalton : However this be,
the right of tlie blood, and all the claims of the fatiiily, were vested in the lady her-
self, and transmitted to her posterity. The lady was a great fortune : But tht;
maiTiage was not brought about till the lady and her future husband were obli-
ged, so soon they should be duly vested in all the rights of the family of Freugb.^
to part with, and denude themselves in favour of her uncle and tutor Garthland,
of the patronage of the church of Stonnykirk, and some other valuable considera-
tions ; though these conditions might be somewhat hard of digestion, yet the
young lovers, being in furore amorii, went in to them; so the marriage was solem-
nized i'j). Soon after that they resigned the " Patronatus Ecclesice de Stonykirk
" Uchredo M'Douall of Garthland," which has been ever since continued down iu
his family ; though we see it origmaUy flowed from the family of Freugh to them,
who had it directly from the crown in the reign of King James II. The heir of
the marriage was John M'Dowall of Freugh, his maternal ancestor, who is served
heir to James M'Dowall of freugh. and had all the rights that were in him vested
in his person. In the time of the Usurpation he was a high royalist, and main-
tained the king's interest in the worst times, with inflexible firmness and fidelity.
He was very terrible to the English forces in Galloway, when they ventured out
in small parties from their head-quarters, or their garris-ons ; they, in their turn,
took severe revenges, and burnt his house and fort at i>eugh, took himself pri-
soner, and carried him to England : But he happily made his escape, and got safe
to Scotlai>d. ilis lady was Margaret, daughter of Sir Patrick Vans Lord Barnha-
coch, one of tJie Senators of the College of Justice ip), by whom he had Uehred bis
son and heir, Fergus, a younger son, who went to Ireland, whose lineal heir is
John M'Dowall of Bellytragh, Esq. of the county of Cavan.

UcHR-ED M'DowAU. of FVeugh was served heir to his father 31st July 1669 (q) ;
he, as his father had been, was a firm royalist, and had several military commands
in the king's service, both in Scotland and in Ireland. Upon the happy turn of
the Restoration, he was chosen a member of the first Parliament, called by King
Charles, fiar the county of Wigton 1661, though he did not run violently into the
measures of the court in setthng of Episcopacy, and in annulling all the acts of the
foiTnex times. He married Agnes, daughter of Sir Patrick Agnew of Lochnaw,
liereditary sheriff of Wigton (r) ; by whom he had Patrick his son and successor.
Uehred, the second son, a nian of figure and business in the way of trade andmer-
chandiz£ at Edinburgh, was a hailie there. Alexander, bred to the law, was an
advocate before the Court of Session : He died without issue.

Partick M'Dowall of Freugh was served and retoured heir to his father the
26th FeiMTuary 1670 (j-), and succeeded to a right opulent estate. His principles
led him to join in the rising at Bothwell, as a hkely mean to retrieve the oppres-
sions his country groaned mider. When the design was broke by the defeat of the
party, it came soon to be known he had been among them ; so he was first ex-
cepted out of the indemnity (?). Soon after that an indictment of high treason
was brought against him before the High Court of Justiciary {?/). The trial was
soon dispatched ; for it was proven that he was seen marching at the head of three
or four hundred of the rebels at Sanquhar and Hamilton-muir, where the engage-
ment was : so that he was attainted (v). Captain Graham of Claverhouse, a ris-
sing favourite, had an eye to his estate, and had got the promise of it as soon as it
should be confiscated ; so he, with great eagerness, saw the sentence of forfeiture
punctually executed, as the law directed ; the tearing out his coat of arms out of
the hooks of heraldi-y, and tlie throwing them over the cross of Edinburgh with
sound of trumpet, as a part of the ceremonial, was not omitted. This is the rea-
son why the armorial bearing of the house of Freugh may not be in the registers
of the Lyon Office ; so when Freugh's attainder was taken ofi'at the Revolution, and

(0) Marr'u^e-artic)es beHvixt John, M'Dowall, apparent heir of Dowalton, and Mary M'Dowall, daugh-
ter and heiress of James M'Dowall of Freugh, in ihc year 1583, penes John M'Dowall de Freugb.
■( p) Cbarta penes Freugh. ic) Ibidem, (r) Ibidem, (j) Ibidem. (/) Act of indemnity published im-
mediately after the defeat at ^athwell 1679, in the records of council, (a) Journals of Justiciary. ('.>) Ibi-
Hem : Joiarnalsof Justiciary.

2

ATPEECDIX. 355

his son i^tored, he had no other way left to ascertain, with any cKactness, -vrhat
had been the armorial beaaing of his ancestor, but by obserring nicely what was
cut out on his hoQse, and graved on his fanaily utensils : This he did, and got the
arms and the whole achievement, used and carried by his ancestois, attested
by some gentlemen of honoar and probity, and others conversant in matters of
that kind. The original attestation is extant ; an exact copy taken froni it is here
subjoined.

" We undersubscribers do hereby certify and declare, that we have often seen
" and viewed the coat of arms of the ancient family of Freugh, which had been
" born by them, handsomely cut on a window-broad, which was saved when the
" house of Freugh was burnt by the English. This broad we have often seen,
" and noticed in the house before it was last burnt by accident. And we have
" also seen the same coat of arms cut out on an old wainscot bed, viz. a lion
" rampant, crowned with an imperial crown, and an open crown about his neck,
" with a lion's paw, holding a dagger pointed upward, for the crest ; the helmet
" with mantling ; and for supporters, two savages, having each a laurel crown
" and girdle, holding a flaming dagger in one hand pointing upward, the motto
" above in a folding scroll, I'lncen vel mori, and below upon another. Fro Deo
" et Rege et Fatrin. The said coat, by the initials, was cut out by G. M. D.
♦• for Gilbert M'Douall of Freugh, anno 1475, upon the coat of arms on th€ bed
" was J. M. D. for James M'Douall of Freugh, anno 1543. In testimony of the
" verity of the above written declaration, these preserrts are certified, and signed
" by Mr William M'Douall of Mye, -writer hereof, Mr Robert Gordon cf Park,
*' with Matthew Torbane in Ardwell, and John Blair in Kirkmagil, both joiners,
" dated at Stonykirk the 26th January 1 720."

Matthew Torbane. Will. M'Douall.

John Blair. Rob. Gordon.

Freugh, the gentleman who was attainted, after his party were broke at Both-
well, found means to make his escape, and got into England, where he Hved con-
cealed foT some short time ; after that he got home to his own country. His mis-
fortune and unhappy situarion sunk deep irrto his heart ; for he quickly fisll into
an apoplexy, of which he died on the 13th of January i68o {w), and was interred
in the church of Kirkcowen, where part of his estate lay. He left issue by Bar-
bara his wife, daughter of James Fullarton of that ilk, one of the ancientest fami-
lies in all the shire of Ayr, and can best vouch their antiquity, Patrick, his eldest
son and successor, William M'Dowall, Esq. a younger son, who was an officer in
ttie army in the war with France, and after the peace was put into a place in the
Customs.

Patrick. M'Dowall of Freugh was restored again to his father's forfeiture, which
by act of Parliamerrt was repealed (.v), and he restored to his estate, honour, and
fame. I am well informed he was a gentleman of good parts and learning, chiefly
in antiquities and the history of families : Some of his performances in that way
I have seen, that are both correct and exact, far beyond what could be expected
from a gentleman who lived mostly in the country, made the study an amuse-
ment, and had not searched and gone through records and offices : Withal he
minded chiefly the recovering of his family from the great debts under which it
was sinking, by the misfortune of his father, which was raised up again by his
great management. He married Margaret, daughter and at length one of the co-
heirs of William Haltridge of Dromore, Esq. of the county of Down in Ireland,
by whom he had only one son who survived him, John, his heir and successor,
and a good many daughters, that brought a rery honourable alliance to his
family. The brevity of this memorial will not allow to enlarge on, and
being recent. He died on the 15th of October 1729, and was succeeded by his

(lu) Mem. Patiick M'Dowall of Freugh, in ihe family, (t) Act of Parliameat 1690.

aj6 APPENDIX.

John M'DowAtL of M'Dowall and Freugh (y), who is acknowledged by all
that have the honour to be known to him, to be a generous open-hearted fine
gentleman. He has married a lady of high quality and rank, Lady Betty Crich-
ton, daughter of Colonel WiUiam Dalrymple of Glenmuir, brother to the present
Earl of Stair, by his lady Penelope Countess of Dumfries, in right of her own
tlood, by whom he has a numerous hopeful issue, viz. Patrick, his eldest son and
heir apparent, William, Stair, John, Crichton, Penelope, and Margaret, being seven
yet alive.

Of the family of the MUIRHEADS of Lachop, now represented by Muir-

HEAD of BrEAX)ISHOLM, AS THE HEIR-MALE.

THE family of Muirhead of Lauchop, or Muirhead of that Ilk, has been always
reputed one of the ancientest families in all the shire of Lanark. It is not known
how soon they had the lands ot Muirhead, that being past all memory, and their
first original charters have had the fate of many others, to be lost : Their house of
Lauchop was indeed burnt down by the Earl of Murray's friends, the regent ;
because the then Laird of Lauchop sheltered his brother-in-law, James Hamilton of
Bothwelhaugh, at his house, when he fled from Linlithgow, after he had killed the
regent in 1569 ; and by that sudden unexpected shock they lost most of all the
old evidents and charters of the family.

The surname de Morehead or Muirhead is, like other surnames of the greatest
antiquity, local, taken from lands, from whence either the proprietor took a deno-
mination, when fixed hereditary surnames became customary, or took an appella-
tion from the lands as soon as he obtained them ; for it is a maxim amongst anti-
quaries, that it is a sufficient document of an ancient descent, where the inha-
bitant has the surname from the place he inhabiteth. So much is certain for the
antiquity of the surname and family of Muirhead, that they have been fixed in
the barony of BothweU before the reign of King Alexander II. that David de Oli-
phard or Olipbant, was Dominus Baronia de Botbwel ; for they never wore any
part of the arms of their superiors, as arms of patronage, for the Oliphants had
crescents. As the Muirheads had not the arms of their superiors, the Oliphants,
neither had they any part of the bearing of the Murrays, who succeeded to the
barony of Bothwell, by the marriage of the heir-female ; for it is well known the
armorial figures of the Murrays were three stars ; for the double tressure was but
an addition to the original arms. As they wore no part of the arms of patronage
of the Murrays, who indeed were great men, Panitarii Scotice, neither had they
any thing in their armorial bearing like the great and illustrious family of the
Douglasses, who in the reign of King Robert II. became superior lords of the
whole great barony of Bothwell, dominum baroniae de Botbwell, by the marriage
of Daine Jean daughter and sole heir of Thomas de Moravia, Do?ninus de Botbwel,
ac Panitarius Scotiae (z). The truth is, the family of the Mairheads must have
been a set of people, that since they never assumed the arms, or any part thereof,
from their respective superiors or over-lords, as was very usual, the presumption
must be, that they were seated a family, and fixed there, before the Oliphards had
the barony of Bothwell ; and that they were the liheri tenentes Regis et Coronae,
before the crown gave the superiority of the Baroiiia de Botbwel to the Oliphards ;
and so we may rationally, and without stretching things, conclude, that the Muir-
head family were fixed, and proprietors- of the lands of Muirhead, as far back as

(y) The family of Freugh have their charter from the crown, creeling their estate into a barony, tht
fearony of M'Dowall. (k) Liber Dunblanen. MSS. penes meipsum.

APPENDIX. 257

the reirn of King Willium, ov sooner for wkat wc know, evL-n up to the tinrc that
surnames began to be taken up, ajid men began to call themselves after their own
laiuls; which is agreed was nut the custom generally gone into before the reign
of King Da\aJ I. {iiino 11 22.

The tradition goes, and as I had it from a learned and curious antiquary, who
was also a gentleman of great reputation and integrity («), tiiat the Laird of Muir-
head of that Ilk, de Muirbead, as I have often found them designed, in the time
of King Robert II. got the lands of Lauchop and other*, for assaulting and killing
a great robber that infested all that part of the country, by violent ravages and
depredations, which he carried to a very insuflerable degree ; so tliat at length the
government were obliged to take notice of him ; and, by a public act, notified,
" That whosoever should apprehend, kill him, or bring him to justice, should be
" rewarded with such aad such lands." His name, tiie tradition tells us, was
Bertram de Sljotts ; he was a terror to every body that resided near him, or who
had occasion to pass east or west through those parts where he lurked and had his
haunts. The Laird of Muirhead, at the time, was a bold, daring, intrepid man ;
he did not surprise him in his lurking places, but with a few in his company,
to whose courage and valour he could well trust, came up, and, in the day time,
attacked him in that valley on the east side of the kirk of Shotts, when, after a
pretty smart encounter, the Goliah Bertram was slain on the place. The Laird ot
Muirhead cut the head off this robber, which he carried straight to the king, who
immediately, in the terms of the proclamation, ordered him a charter and infeft-
ment of these lands, that were then or soon after called Lauchop, and gave him, as
an additional honour to his arms, the three acorns in the seed, on the bend dexter;
for crest, two hands supporting a sword in pale, proper ; and the motto, Auxilio-
Dei, which is borne by the family to this day (6). When the Lairds of Muirhead
came of course to be vassals to the Earls of Douglas for their estate in the barony
of Bothwell, the tradition is. That beinggallant brave men, they were mightily aiding
and assisting to them, not only in the public wars in the defence of the country
against invasions from England, but even in the lesser feuds and scrapes they
were, as was customary, engaged in against other great families, which were some-
times carried far, and much blood shed on both sides ; it was in reward, they say,
of these services to the Hause of Douglas, who were also Lords of Galloway, that
the Lairds of Lauchop had tirst the feu from them of the lands of Daldenan, Clon-
ard, &c. (cj, which thsy continued to possess in feu and assedation from the
crown, after the forfeiture of the House of Douglas ; and it is reported their estate
was by far greater and more considerable in Galloway than it was in the county
of Lanark.

The first charter I have seen of any note concerning this ancient family, is a
a deed granted by Archibaldus Comes de Douglas, Dominus Galovidice et Bothwel^
dicto scutifero sua IViUielmo de Muirhead, of his lands of Muirhead, in baronia de
Botbwel, in the 1393 (rf). Being a gentleman of mettle and spirit, and who
seems to have had a turn for business, he had the honour of knighthood conferred
on him by King Robert IIL for we find him designed, in no less an authority than
the learned Mr Rymer in the Fcedera Angliae, Dom. IVUlielmus de Mairhead, miles.
This same noble gentleman had the honour, in the 1404, to be employed with Sir
David Fleming, whom the king calls consanguineus suus, to treat with the King
of England, Henry IV. or his Commissioners, concerning the redemption of the
Earls of Fife and Douglas, who had been both taken prisoners at the battle of
Homildon in Northumberland, two years before (£■) ; impowering them also to

(a) I mean my most worthy frieiid William Hamilton of Wlshaw. (A) Mr NIsbet's Heraldry, page
438, intimating, that he went out in the strength of God to vanquish that robber, who was a pest to the
country, (c) Assedation in 1517 from the crown, Daldenan Joanni Muirhe.td, filio et hseredi quondam
Joannis Muirhead, who was Jlain at Flodden ; and another feu or tack to him in the exchequer rolls,
Joanni Muirhead, fiiio et h;eredi Joannis Muirhead de Bullis, de Clonard. (d) Note of this charter in the
genealogy of the family I have seen, (f) Rymer's Fffidera, ad annum 1402.

Vou IL f C

i5« APPENDIX.

conclude a tiuce or peace (/). The commissioners of both kings met at Ponte-
fract, and, on the 6th of July 1404, agreed to a truce, which was to commence on
the 20th of that month, and to last till Easter the next year ; as also, that during
that interval of time, a congress should be held at Handerstank, in order to a
more complete and satisfying treaty ; but an unlucky unforeseen event, the seiz-
ing the prince going to France, diverted them from pursuing the measures that had
been laid down.

This Knight of Muirhead of the House of Lauchop, married Dame Jean Hay,
daughter of Sir William Hay of Locharret, ancestor of the Lords of Yester, and
of the Earls and Marquisses of Tweeddale {^), by whom he had IVillielmus de Muir-
head, Dominus de Lachop, in 1445 {b).

Dr Andrew Muirhead, who being from his youth bred up with a view to the
service of the church, and taking holy orders, was first rector of Cadyow ; and
after that rising in reputation for his piety, learning, and mtegrity, was preferred to
the Episcopal .See of Glasgow on the demise of the ever memorable Bishop Turn-
bull, on the third of September, in the year 1454 (/). It must have been upon
the knowledge, as well as the fame of the consummate merit of this worthy pre-
late, that either the canons or prebends pi the chapter of the Episcopal See were
induced to elect, or the king to conform the choice of a successor, even so regu-
larly and duly elected, according to the canons of the church, to Bishop Turnbull,
as Dr Muirhead. They seem to have been very just in their choice, for he had not
been long in the See, when the greatest honour was done him that could be thought
of, (not by any private deed, but by a public national act of the estates of Parlia-
ment) to testify the esteem they had of his character ; for, on the death of King
James II. he was named, in the 1460, one of the Lords of the Regency, in whom
the power of the sovereignty was lodged, till the young king should be of age. The
Bishop's colleagues in that important office were, the Bishop of St Andrews, Bishop
Kennedy, the Bishop of Dunkeld, Dr Lauder, the Earl of Orkney, the Lords Boyd,
Graham, and Kennedy (/^); and it is acknowledged, to the honour of their memory,
that they ruled the kingdom to their great glory, and the infinite advantage both
of the king and people, and that with uninterrupted harmony and unanimity. One
of the first things, it seems, the governors thought fit to do for preserving the peace
and tranquillity of the nation, was to come to an accomniodation with England, and
to treat upon a truce (/). Accordingly a commission is issued out in the name
of the young king in the 1462, authorising Bishop Kennedy of St Andrews, Bishop
Muirhead of Glasgow, the Abbot of Holyroodhouse, Mr Archibald Crawfurd, Mr
James Lindsay, the Provost of Lincluden, the Privy Seal, the Earl of Argyle, the
Lord Livingston, the Lord Hamilton, the Lord Borthwick, the Lord Boyd, Sir Alex-
ander Boyd of Duncow, to meet and treat with the commissioners of the crown of
England, in order to negociate a truce. Accordingly they met at York ; and, on
the 19th December agreed to the following conditions (w) : " That it should last
" from the i6th day of December, by land and fresh water, to the last day of Oc-
•' tober next coming ; and from the first day of February next, till the same last
" day of October, by sea : Secondly, That James King of Scotland shall give no
" assistance to Henry, late calling himself King of England, or his adherents, dur-
" ing the aUiance or truce : Thirdly, That Edward King of England shall give
" no countenance or protection to any traitors or rebels to King James: Fourthly,
" That in regard James Earl of Douglas was become liegeman to King Edward,
" he, or such other Scotsmen, shall enjoy the benefit of the truce: Fifthly, That if
" Henry, late called King of England, or any other his adherents, shall become
" liegemen to the said King James, they shall, in that case, have the benefit of
" the truce as all his other liegemen."

(/) Rymer's Foedera Anglic, ad annum 1404; and some part of this is taken notice of by our
own historians, particularly my worthy learned friend Dr Patrick Abercromby, in his second volume
of the History of Scotland, page 222. {g) Manuscript History of the House of Tweeddale in the family
of Tweeddale. {h) Note of the History of the House of Lauchop I have seen, (i) Obituary of the
Episcopal See of Glasgow in the Chartulary of the Bishopric in the Scots College at Paris, 1 have seen.
(h) Buchanan and Abercromby, and the other histories. (1) Rymer. The ambassadors, 2d June 1460,
are the Bishop of St Andrews, Bishop of Glasgow, with a retinue of 30 persons in his company.
{m^ Rymer's Fadera, and Dr Abercromby from him, page 390.

APPENDIX. 2s<>

The very prospect of so long a calm put the bishop upon executing the more
immediate offices of his function ; for after this he made several regulations in the
chapter of the See, and founded the vicars of the choir that had not been in his
church before, J'undator vicariir. choiii in ecclesia Ghis^nicii. (a), as he is called.
He also adorned and beautified the cathedral, and appears to be a benefactor, espe-
cially in the northside of the nave, where, on the roof, there is still to be seen and
viewed, by the curious, his coat of arms, the acorns on the bend surmounted of
the salmon fishing, the cognizance of the Episcopal See, and adorned with a mitre
exquisitely graved : but the virtues, goodness, and merit of this good prelate could
not be confined within so narrow bounds as his own diocese, and the public
could not surter themselves to be deprived of his services, however usefully he
might be employed in his own station as a bishop in the church; for in the 1468, an
embassy to Denmark being judged necessary, not only to cultivate a firm friend-
ship betwixt the two nations, but also to treat with King Christiern of a marriage
betvvixt the young king and the princess,i the only daughter of that monarch; in
an embassy of this importance, none was judged more proper than the Bishop of
Glasgow. There were joined with our prelate the Bishop of Orkney, the Lord
Evandale, the Chancellor, the Earl of Arran, Mr Martin Wan the king's almo-
ner and confessor, Gilbert Rerrick his own arch-deacon of Glasgow, David Crich-
ton of Cranston, and John Shaw of Hallie. A prosperous gale carried them
quickly to Copenhagen, the capital city of Denmark, where, on the 8th of Sep-
tember, the marriage was agreed to on the following terms : " First, That the an-
" nual of Norway should be for ever remitted and extinguished : Secondly, That
" King Christiern should give 6o,coo florins of gold for his daughter's portion,
" whereof lo.oco should be paid before her departure from Denmark; and that the
" islands of Orkney should be made over to the crown of Scotland, by pledge, for
"• the security of the remainder, with this express proviso. That they shall return
" to that of Norway after complete payment of the whole sum : Thirdly, That
" in case of his dying before the said Margaret, his spouse, he should leave her in
" possession of the palace of Linlithgow, and castle of Doune in Monteith, with all
" their appurtenances, and the third part of the ordinary revenues of the crown,
" to be enjoyed by her during life, in case she should choose to reside in Scotland:
" But, Fourthly, If she rather inclined to return to Denmark, that, in lieu of the
*« said liferent, palace, and castle, she should accept of 120,000 florins of the Rhine;.
" from which sum the 50,000 due for the remainder of her portion being deduced
" and allowed, the islands of Orkney shall be annexed to the crown of Norway
" forever. Fifthly, That she shall in no case or event be allowed to marry an Eng-
" lishman, or any subject within the jurisdiction of England (Zi)."

For some time after the arrival and coronation of the Queen, Bishop Muirhead
seems to have meddled much in those transactions, more than was merely consistent
with his character; but confined himself to the more private duties of his function
and office in ruling his clergy, and diffusing his charity and beneficence through his
diocese. More particularly about this time, in 1471, he founded, near to the precinct
of his episcopal palace at Glasgow, an hospital, which he dedicated to the honour of
St Nicholas. The place where the divine service was, is of fine aisler work of a
Gothic form, and the windows supported by a buttress betwixt each of them; upon
the front, over the door, is the bishop's arms surmounted of the salmon-fish, and a
crosier or pastoral staff behind the shield. By the foundation I see it was to con-
sist of twelve old men, who were provided with all necessaries for their support and
sustenance; and also a priest to celebrate divine service at the canonical hours of
devotion, that they might be freed from worldly avocations in the decline of their
age, and in a better condition to prepare for another world, now that they were on
the brink of eternity. The foundation subsisted till after the reformation that the
payment of the revenue went into desuetude ; so that at this time there are not
above four maintained in it: however it still retains the name of Bishop Muirhead's
Hospital, and St Nicholas's Hospital, and is a noble monument of its illustrious
founder. Opposite to the hospital he built and devoted a house or manse for the

(a) Chartulary of Glasgow, (b) Torfceas's History of the Oikne^f

26o APPENDIX.

priest or preceptor, upon which there is still to be seen the bishop's arms, the cro-
sier behind the shield, with the three acorns on the bend: but whilst this excellent
prelate was thus busied in the offices of piety, beneficence, and humanity, to his
distressed fellow-creatures, he was again called to act in a more public sphere and
capacity; for, in the year 1472, King Edward IV. of England being no sooner re-
settled on the English throne, but to fix the Scots nation the more to his interest,
he proposed a match betwixt some fit persons of the two royal families, as a good
step towards a lasting friendship; and as King James III. did not seem averse from
it, so, in this view, our prelate Bishop Muirheadof Glasgow, Bishop Spence of Aber-
deen, the Earls of Argyle, Crawford, and Caithness, the Lords Hamilton, Borthwick,
Seaton, Darnly, David Guthrie, the Lord Register, and Duncan Dundas, Esq. were
named as Commissioners : but though they received their respective commissions
in August 1471, yet they did not meet till the next year 1472, when, on the 20th
of April, it was agreed, that the present truce should be observed till the month of
July 1483 (a); but the bishop did not see the expiration of it; for, in about six months
after the conclusion of the peace he had been so highly instrumental in bringing
about, he died at his palace in the city of Glasgow, on the 20th of November 1473(6),
and was interred in the choir of the Cathedral Church, under, no doubt, a noble
monument, suitable to the magnificence of so great a prelate, but has been swept
clean away at the Reformation, with the rest that were within that stately edi-
fice.

The death of so good and excellent a man w^as certainly an irreparable loss; for,
who knows, and I am sure it is very likely, but that if our prelate had not been in
his grave before the unhappy after-part of this reign, he might, in his great and
consummate wisdom and prudence, have been happily instrumental in allaying the
heats, rancours, and animosities, that afterwards broke out and ended in so dismal a
catastrophe. The Bishop had a younger brother, as I take it, who was educated to
the church, Mr Udastus Muirhead, who, after he was in orders, was made Dean of
Glasgow, a benefice then both of great dignity and revenue, for he was a prebend
in the chapter of the Episcopal See of Glasgow, and Rector of Cadyow. He was a
gentleman of figure and character for learning; for he was on the 27th of October
in the year 1476, elected Rector of the University of Glasgow (r); but whether be
rose to any higher station in the church, or died in his rectory, I have not been able
to discover.

There was a daughter of the House of Muirhead of Lauchop, called, as it is handed
down, Janet Muirhead, who, for her great beauty, was commonly called the Fair
Maid, or, the Bonny Lass of Lechbninach, who was married de Jacto privately, sed
non de jure secundum canones, to Gavin Hamilton, son to Sir James Hamilton of Cad-
yow, and brother-gennan to James Lord Hamilton. The marriage, they say, was
private, and the parties inter grades a jure prohibitos, within the degrees of consan-
guinity prohibited by the canons or laws of the church ; and a previous dispensa-
tion had not been obtained from the Pope before the marriage, and the children so
procreate ex occulto et clandestino matrimonio, were looked on as spurious. Hovvever,
this lady bore four or five sons, and after that he left off cohabitation with the
gentlewoman, and went into orders, and came to be Provost of the Collegiate
Church of Bothwell, of the Earl of Douglas's patronage, and is in that office as soon
as the year 1453 {d).

He does not indeed call his children his own sons, when he dispones the lands of
Orbiston to the eldest, Mr Robert Hamilton, whom he designs Cancellario Glasguen.
that is. Rector of Campsie, and then to Thomas Hamilton, Canon of Dunkeld ;
and failing him, to John Hamilton their carnal brother; and failmg him, to Archibald
and Gavm Hamiltons, all brothers to one another, in the 1468 (f). Of John Ha-
milton, the first layman in the charter, is descended the Hamiltons of Orbiston,
Hagg, Bothwellhaugh, Innermadden, Aikenhead in Monkland, Fergusly, Kilbrack-
mont, Monkland, Dalziel, Neilsland, &.c. But to return to the House of Lauchop,
we may observe, that

(a) Rymer's Foedera Anglije, ad annum 1471. ("i) Obituary of several of the great men and mem-
bers of the chapter of Glasgow in the chartulary of that See, MSS. at Paris. (O Writs of the CoUege
of Glasgow belonging to the Faculty I have seen, {d) Rymer's Foedera. {e) This charter is afterwards
confirmed under the Great Seal in the public archives.

APrEXDIX. :i63

William MuiRHEADot"L;iiichop, the elder brother of the Bishop oFGlasgow, mar-
ried Mariota Haiuihon (.v), daughter of Hamilton of by

whom he had John, who was the lieir of the House of Lauchop; and a younger

Dr Richard Muirhead, who was, by the care of his uncle the Bishop of Glas-
gow, bred to the service of the church; and, getting into orders, was preferred to
the deanery of Glasgow, which was a benefice both of considerable dignity and re-
venue, being the first member of the chapter of the Episcopal See of Glasgow, who
had the second vote, next to the bishop himself. The Dean being a person of
learning, merit, and integrity. King James IV. was pleased, from a confidence in
his abilities and sulliciency, to make him Lord Clerk-Register of Scotland, or Clerk
and Keeper of his iNIajesty's Council, Registers, and Rolls, the 21st of June 1489 (/'),
upon the removal of Dr Alexander Inglis, Archdeacon of St Andrews (r), Elect of
Duiikeld. He held this great office, huving the charge of the whole registers of
the kingdom in his custody, for the space and time of five years, till the 1493,
that he resigned in favour of Dr John Frissel, or Fraser, Dean of the Royal College
Church at Restalrig (rf). The removal of the Dean of Glasgow, Dr Muuhead, does
not seem to have flowed from any disregard or dislike to his conduct in the ad-
ministration of his great otfice, but rather to do him the greater honour; for while
he was the Clerk-Register, it was concerted in Parliament, that certain great men
of the clergy, as well as of the laity, should be sent to several different courts to
solicit for a consort to the young king their master, which was a matter of the last
consequence to the kingdom, the king being then nineteen, and the only person
of his family. The persons employed were Robert, Bishop of Glasgow; this was
Bishop Blackadder, thereafter the first archbishop of that See, Bishop Elphinstone
of Aberdeen, the Earl of Bothwell, the Earl of Morton, the Lord Glammis, WiUiam,
Prior of St John of Jerusalem in Scotland, Lawrence Lord Oliphant, and our Dean,.
Mr Richard Muirhead, Dean of Glasgow (e). They were to go to the courts of
France, England, Castile, Arragon, Sicily, &c. But it was a while after this that
the king's marriage with the daughter of England was completed, in which the
Archbishop of Glasgow was the great and happy instrument; and it appears to me
more than probable, that his dean, Dr Muirhead, had a share in that great transac-
tion that has had such mighty effects, and laid not only the foundation of the
union of the crowns, but also of the two kingdoms in our own time. Dr Muir-
head, by his prudent conduct and just administration in his office while Clerk-
Register, procured a general esteem, and he had got so much into the king's con-
fidence and favour that he preferred him to be Secretary of State in the 1495 (/),.
in place of Dr Inglis, the Archdeacon of St Andrews, who was both Secretary and
Clerk of the Register, Secretariiu, ac Clericus Rotulorwn et Ri'ghtri Regis Scotiae,
as he is designed. The great abilities and eminent qualities of the Dean of Glas-
gow, in this high station, coming to be more and better known and displayed, in
the necessary discharge and dispatches of his office, the king was pleased to make
him one of his Privy Council. This appears from an instrument taken within the
Cathedral Church of Glasgow, where the king was present on the loth of Decem-
ber 1502, when he was obhged, as was usual, to give his oath to observe the late
treaty with England, before a great many of the nobiUty and gentry of both na-
tions; among whom were Ricardus Muirhead, Decanus Ecclesia Glasgtiensis, dicti-
que Regis Scotorum, Consiliario et Secretario (^). The king's marriage quickly fol-
lowing on the peace, with the Princess Margaret, eldest daughter of King
Henry VII. pursuant to an article of the agreement, the queen's jointure was

(a) Note of the Genealogy of the House of Muirhead. (A) Charta of that date that he is in the
Register's Office, Clericus Rotulorum & Registri, ac Concilii Clericus. (c) Charta in archivls. l^d) This
year 1403, 2^th June, is the precise year that Mr Frisle, the Dean of Restalrig, is made Register, and
is so designed in the Fredera Angliie, in a treaty with the English, and also in the registers of the Great
Seal in the archives, (f) Rymer's Fcedera Anglise, the 14th June 1491. {f) In a commission to go to
England, 8th July 1494, among others there is the Archdeacon of St Andrews, Secretarium ctiam
Clericum Registri Jacobi Scotorum Regis, and this Dr Muirhead is in the office then. { g\ Rymer't
FcEdera Anglix', ad annum 1502.

Vol. U. 7 D

262 APPENDIX.

settled on the 4th of May 1503 (rt), to which there are witncbsts, Archibald Tari
of Argyle, Ma^ister Hospitii, Master of the Household, Andrew Lord Gray, Jus-
titiatio nostro, says the sovereign, Magister Ricardus Midrhead Decano Glasguen.
Secretario nostra, Gaviiio Dunbar Decano Moravien. Clerico nostrorum Rotulorum et
Registri (/>).

As the Secretary, Dean Muirhead, has been a learned man in that which was
more peculiar to his own profession of theology, so he has been well known in the
civil and canon law, insomuch that he was made one of the Lords of Council and
Session by King James IV. anno 150?., who were the ordinary judges of law and
equity before the institution of the College of Justice, which did not commence
till the next succeeding reign, anno 153a. There is a decreet still extant, whereby
a service of John Lord Somerville, as heir to William Somerville, his father, is re-
duced, because his father had been vested and seised in the half of the lands of
Gilmerton, proceeding on a charter from. Malise Earl of Monteith, who had no
right either in property or superiority to the said lands (c). The Dean of Glas-
gow, in the extract, is mentioned among the rest of the Lords. He continued
Secretary for about the space of eleven years, without any interruption, or the
least visible diminution of favour from his prince, till his death in the 1506, that Dr
Patrick Panter, then Rector of Fetteresso, and Preceptor of the Maison Dieu
Hospital at Brechin, afterwards the learned Abbot of Cambuskenneth was prefer-
red to the office (rf).

But to return to my subject, the memorial of the House of Muirhead, John
Muirhead of Lauchop and Bullis, the next in the line and course of succession in
this ancient family, was tacksman and kindly rentaller, or rather feuar of many of
the crown lands of Galloway, which he possessed till his death, that he was slain
fighting by the side of his royal master King James IV. in canipo belli de Nor-
tkumhtrland, sub vexillo Domini Regis, as it is generally called in many records, and
which is well known was the battle of Flodden, which was fought the 9th of Sep-
tember 1513 (f); and it is certain that the possessions of the family of the Muir-
heads were at this time as valuable as those they had in Clydesdale or Lanarkshire.
This gentleman left issue by Margaret, his wife, daughter of Patrick Lord Hep-
burn of Hailes, and sister to Patrick Earl of Bothwell (/), John, his son and heir (^),
who married Margaret Borthwick, daughter to the Lord Borthwick, then an opu-
lent noble family as any in all the kingdom in the rank and quality of Parliamen-
tary barons {h), and had James, the heir of the House of Muirhead and family of
Lauchop, who married Jean, daughter of John Lord Fleming (/), ancestor to the
present Earl of Wigton; by whom he had two sons, James Muirhead of Lauchop,
the heir of the family, and John Muirhead of Shawfoot, a younger brother, who
was a feuar under the Archbishop of Glasgow, Archbishop Dunbar {k), of whom
is descended the Muirheads of Bredisholm, in the county of Lanark, who, since the
deathofCaptainJamesMuirheadof Lauchop, in the endofthei738, withoutanymale
issue of his body, is now the lineal lawful heir-male of the House of Lauchop; and
the undoubted chief and representative of the ancient family of Muirhead is John
Muirhead of Bredisholm, who, though lie wore in his arms a crescent before, as
a mark of cadency, intimating his descent, as a second brother, from the stem and
root of the family, yet now he may lay it aside, as he has a just title to do, seeing,
as heir-male, he represents the principal family. This James Muirhead of Lauchop
had also a daughter, Margaret, who was married to James Hamilton of Woodhall,
Captain of Arran, and had issue (/).

(a) Rymer's Fcedera Angliae. {h) Ibidem, (c) In the original decreet, among tlie lords there is
Mr Richhtd Muirhead, Dean of Glasgow, Secretary. (</) Dean Muirhead of Glasgow is secretary in
the charters of the Great Seal 1496, 1497, 149'^, I499> 1500, 1501, 1502, 1503, &c. rcj/ifrt/W till
his death. In the chartulary of the writs of the college of Glasgow, in I 51 2, Dean Muirhead is de-
signed venerabi/is memorise, which imports he was dead some time before, (c) Rolls of the Exchequer
in the- rejis'ers. {f'l Draught of the descent and lineage of the Muirheads of Lauchop, MSS.
{g) Ticks from the crown to John Muirhead, son and heir of John Muirhead, in 1517, in the Ex-
cheqiip- Rolls. (A) Biithbrieve in the registers of the Great Seal. (/) Birthbrieve to a gentleman de-
scended of the Haust of Lauchop, in the registers of the Great Seal in the public records, {i) The Ge-
nealogical Draught of the Muirheads of Lauchop, MSS. (/) Charta penes Joan- Crawfiird de Jordaa-
iiill, ad annum 1539, and 1540.

APPENDIX. 263

This Ja.mes MuiRHEAD, the younger of Lauchop, married Janet, daughter of Alex-
ander Raillie of Cavphin («_), an ancient family of the Bailhcs, as far back as the
reign of King David 11., in the county of Lanark, l)y whom lie had a son, the heir
of the family, viz.

James Muiruead of Lauchop, who being linked in friendship, blood, and affinity
with the Hamiltons, did stick firm to Queen Maiy when she fell in her troubles ;
for how soon that misfortunate princess tiad found means to make her escape out
of the castle of Lochleven, where a party of her undutiful subjects had shut her up,
and came to Hamilton, this loyal gentleman repaired with his friends and followers
to her standard, how soon it was set up, and marched to the battle of Langside, in
order to recover and restore her to her liberty and sovereignty ; but that attempt
proving unsuccessful, by the defeat of the army on the 13th of May 1568, he was
forfeited by a Parliamentary attainder for that dutiful and loyal appearance (^b) :
However, he still continued in the queen's interest, and did some pieces of very
acceptable service on that side : It is confidently reported, and I believe there is
no ground to doubt the truth of the fact, that the Laird of Lauchop, being a bold
and intrepid man, received and sheltered James Hamilton of Botiiwelhaugh the
night he fled from Hamilton, after he had shot the Earl of Murray, the Regent, at
Linlithgow, the 29th of January 1570. The next day he went along with Mr Ha-
milton himself; but the party who were sent to pursue him, hearing he had stopt
at the house of Lauchop, they first rifled it, and then set it on fire, and burnt it to
the ground ; and perhaps the regent's party were not a whit less set on in their re-
sentment, that the Lady Lauchop was sister to Bothwelhaugh, who had slain their
master, and whose death they were seeking to revenge. The forfeiture continued
on the family of Lauchop till the general act of pacification amongst the two con-
tending parties came to be finally settled on the 23d of February 1573, at Perth ;
whereby, in pursuance of an article of agreement, it was declared and decerned,
" That the sentences past be doom and forfaulture in Parliament, or anie other
" sentence past before the Justice-General or his deputes, since the 15th day of
" June 1567, shall be of no avail, force, strength, or effect in all time coming."
In this act there are a long roll of persons who had been engaged in the rebellion
against the young king, who are all now remitted and restored ; and among the rest
this gentleman, James Muirhead of Lauchop (c), was one. He married Janet Ha-
milton, daughter of James Hamilton of Bothwelhaugh, who was a brother of the
House of Orbiston fdj, by whom he had issue James, his successor, and a younger
son, Thomas Muirhead of Johnston, who married Elizabeth Hamilton, daughter
of Hamilton of Bathgate (<?), whose heir-female, Margaret Muir-
head, was married to John Crawfurd of Milnton, whose grandchild and sole heir,.
Dame Margaret Crawfurd, was married to Sir William Stewart of Castlemilk. This
Laird of Lauchop, by Janet Hamilton his wife, daughter to Bothwelhaugh, had a
daughter, Margaret, who was married to John Hamilton of Udston (/), of whom
there issued a numerous progeny, which diffused through all Clydesdale, in rela-
tions ; for, from this marriage sprang the Hamiltons of Udston, the Hamiltons of
Barncluith, and the Lord Belhaven, the Hamiltons of Rosehall and Wishaw, &-c.
Elizabeth was married to William Cleland of Faskine, mother to Sir James Cleland
of Monkland.

James Muirhead of Lauchop, the next in the succession of this ancient and ho-
nourable family, had the honour of knighthood conferred on him by King James
VI. in the 1617, or rather in 1621. He married first Jean, daughter and sole heir
of James Houston of Craigton, in the county of Dumbarton, who was a brother of
the ancient family of Houston of that Ilk, in the shire of Renfrew, and his wife
was Margaret Fleming, daughter of Patrick Fleming of Barrochan (^f), by whom
he had James his son and heir, Mr Thomas a clergyman, who was minister at Cam-
busnethan, and daughters married to Alexander Garthshore of that Ilk, in the county

(a) Birthbrieve of the House of Lauchop in the records, (i) I find James Muirhead of Lauchop forfeited,
among others, in the Regent's Parliament, in the records of the Privy Seal in 1568, in the registers.
(f_) IVIemoirs of the affairs in Scotland, page 287, by Mr David Crawfurd younger of Drumsoy. pub-
lished in the year 1706. W) The birthbiieve of the gentlemen of the House of Lauchop, in the registers in
the Chancery, (c) Account of the House of Lauchop, by one Mr Hamilton, MSS. penes me. (/) Char-
ter to them in the registers, in isq^. (^) Birthbiieve in the register.

364 APPENDIX.

of Dumbarton, another to Mr John Crawfurd of Ruchsolloch, in the county of
Lanark, another to Baillie of Polkemmet.

He married to-his second lady Dame Margaret Somerville, daughter of Sir James
Somerville of Cambusnethan, and rehct and widow of Gilbert Lord Somerville :
But whether he had any issue of the marriage 1 am not positive.

James Muirhe.\d of Lauchop, his son, was married with Lady Jean Dalziel, daugh-
ter of Robert Lord Dalziel, and afterwards Earl of Carnwath, by whom he had se-
veral children ; James, the eldest, he conceived a prejudice against, upon no
other consideration than a piece of humour, and an extravagant fondness for a
younger son ; he disinherited his eldest, and diverted the right of succession, ac-
cording to the rules of primogeniture, from him to a younger brother : But to
make that nevertheless as easy to him as possible, he gave him the estate of Craig-
ton. He married a daughter of Patrick Lindsay, Archbishop of Glasgow ; but
though he had a son, his male succession is quite worn out ; and a daughter, of
whom there is still some issue remaining.

Claud Muirhead was the second son, to whom he provided the fee of his estate
of Lauchop, which was then considerable. I have heard from the relations of the
family, who were persons of such honour and integrity as 1 could well trust to, that
this Claud Muirhead, Lauchop's second son, was indeed a fine, pohte, handsome,
well-bred gentleman, as any in the kingdom. He travelled for his improvement
far into France and Italy, where he contracted a close and intimate friendship
with some eminent men of the popish clergy, who influenced him, from the com-
mon topics and arguments they urge of the unity and infallibity of the church,
meaning their own church of Rome, to become their convert, and embrace the
Roman Catholic communion ; but that was not the worst effect his change had,
if he had kept it a private thing betwixt God and his own conscience ; but, upon
his return home, his old parents were so captivated with the qualities of their fa-
vourite and charming son, as they thought him, that they received all his senti-
ments with that submission as he had been an angel sent from heaven. When
he came to talk to them of the motives that had induced him, and prevailed on
him to change his religion, he spoke in such a strain of conviction on their con-
sciences, that they were soon brought over to the popish side, though I have it
from those who were their relations, and had access to know the truth of it, that
when his parents made the change they were above fourscore years ; and all or
most of the sons became Roman Catholics ; at least I have heard it went through
most of the family. This fine gentleman, that was the instrument of perverting
all his father's house, married with another Roman Catholic family, Wauchope of
Niddry, by whom he had a son, John, who died married ; but there was no issue
of the marriage ; and was observed, that though the family was, at the old man's
death, in a flourishing condition, yet it so visibly melted away, that but little of
the fortune was remaining when it came to the youngest brother, Gavin Muir-
head of Lauchop, who married Janet Douglas, daughter of William Earl of Selkirk,
afterwards Duke of Hamilton, by whom he had two sons, Wilham, a young gentle-
man, who went into the army young, was a proper handsome person, rose soon
to a command, but died of his wounds he received at Wynendale ; Captain James,
the second son, parted with any small remainder of the estate, and going also into
the army, came to be a captain in the Earl of Orkney's regiment, in which he
continued, after it was, on the Earl's demise, given to Colonel Sinclair ; in which
station he died in the end of the 1738 in Ireland, leaving no issue, save two daugh-
ters ; so that, upon the absolute failure of all the House of Lauchop, in the male
line, that were descended to James Muirhead of Lauchop, the loyal man under
Queen Maiy, the right of representing this ancient family devolves to the last
heir-male, John Muirhead of Bredisholm, who is now considered, and justly
entitled, to be chief of the name of Muirhead, as coming in place of the House
of Lauchop, and accordingly has right to the armorial bearing of that family,
without the crescent, the brotherly difference, but simple, with the crest and
motlo.

Now, to make this memorial full and complete, we shall return back to the
youuger^branch of the family of Lauchop, that laid first the foundation of the Muir-

APPENDIX. :65

heads of Bredisholm, wlio >nre now turned out to be the iien-in;ile ol the fumily of
Lauchop tliemselves. Their predecessor then, as we heretofore took notice of, was
Jolin Muirhead of Shawfutte, second son of John Muirhead of Laueliop by Jean his
Wife, daughter of John Lord Fleininj;;. Tliis gentleman, by his discretion, con-
duct, and prudence, in the managing his affairs, acquired a competent estate with-
in the barony and regality of Glasgow, in vassallage of the archbishops of that See.
His first wife was Elizabeth, daughter of Crawfurd of Ferni, a right ancient fami-
ly (rt) in Lanarkshire, that had subsisted from the time of K.ing Robert 111. (A) in
the county of Lanark, near to Rutherglen, and after that, Jean Oliphant, daugnter
of Sir Alexander Olipiiant of Kelly, in the county of tife, the first cadet and
branch of the family of Oliphant (c). His son, also of the name of John, allied
with the Oliphants of Kelly ; and being, as his father, a gentleman of spirit, and
application to frugality, he ac(|uired from Archbishop Spottiswood the lands of
Bredisholm, which is confirmed by a charter under the Great Ssal the first of
March 1607 (</), the year just after the bishops were restored by Act of Parliament
to the temporality of their Sees (^f J. He was succeeded by his son and heir James
Muirhead of Bredisholm, who, like his father and grandfather, was a gentleman
that had a peculiar turn and talent to frugality and management, and by that
means he raised up a good estate ; and this, doubtless, enabled him to make a
very noble and illustrious alliance ; for he married Margaret Drummond, daughter
of James, Commendator of InchafFry, second son of David Lord Drummond, and
Dame Lilias Ruthven his wife, daughter of William Lord Ruthven, ancestor to
the Earls of Gowrie. He was, after that, by the special favour of King James,
created Lord Maderty in 1607. The lady's own mother was Jean, daughter of
Sir James Chisholm of Creuch, an ancient, and then a great family in Perthshire,
near Dumblane. The marriage is with consent of John Lord Maderty, and Sir
James Drummond of Machany, her brother-german, and several other of hei- noble
relations, as was then usual (/) ; by this noble lady he had two sons and a daugh-
ter, viz.

James, his eldest son and successor ;

I\Ir John Muirhead, whom he bred to the law, was an advocate before the Court
of Session ; he was the ancestor of that branch of the Muirheads of Persilands, in
the shire of Lanark ;

Dame Lilias, his eldest daughter, was first married to Sir Walter Stewart of
Minto, then a family of great reputation for quality and estate near Glasgow,
which is now represented by the Lord Blantyre, and after his death to another
very honourable gentleman, who was the lady's own first cousin, viz. Sir James
Drummond of Machany f^), grandfather to the present Viscount of Strathallan
and Lord Maderty.

James Muirhead of Bredisholm, the next in the line of succession of this family,
married first Grissel, daughter of Robert Hamilton of Bathgate (/>), who was sprung
lineally from Sir William Hamilton, younger son to Sir David Hamilton of Cad-
yow (i), ancestor to the Duke of Hamilton. The lady's mother was Margaret,
daughter of Sir Alexander Hamilton of Innerwick, by whom he had James, the
eldest son and heir, George Muirhead of Stevenson in Bothwell, whose male issue
is extinct ; he had also one daughter, Elizabeth, who was married to Patrick Ha-
milton of Neilsland, and had issue.

He married to his second wife Grissel, daughter of James Hamilton of Westport,
near Linlithgow, descended from the Hamiltons of Silvertonhill, widow and relict
of William Cochran, son and apparent heir of Alexander Cochran of Barbachlay in
the county of Linlithgow (k), by whom he had one daughter Margaret, who was
married to James Hamilton of Aikenhead, in the shire of Lanark (/), and had issue.

He married to his third wife Bessie, daughter of James Crawfurd of Kipbyre in
Lanarkshire (rn), by whom he had two daughters; Lilias, who was married to James

(a) Genealogical draught of the Muitheads. (i) Writs of the House of Ferm. (r) Writs of the House
ef Oliphant, in the custody of Laurence Oliphant of Gask. (d) Charta penes Bredisholm. («■) Acts of
Parliament. (_/) Original contract ye: extant in Bredisholm's hands, (g) Contract and marriage ar-
ticles in the custody of Bredisholm. (A) Ibid. (/) Charta in archivis', ad annum 1407. (,f) Ibid-.
(l) Ibidem, (m) Charta penes Bredisholm.

Vol. n. 7 E

265 APPENDIX.

Hamilton of Blantyrefarm. and had issue ; and Anne to John Stark of Auchinvole
and Gartsherry, and hand issue.

JAMES MuiRAEAD of Bicdishohn was a very worthy gentleman, well esteemed,
a person of great goodness, uprightness, and integrity, he married a lady of a noble
extraction, as we see some of his ancestors had done before him, viz. Mrs Helen
Stewart, daughter of Alexander, fourth Lord Blantyre. Her mother was Margaret,
only daughter of John Shaw of Greenock, and of Helen his wife, daughter of Sir
John Houston of that Ilk, by whom he had James, who died in the hfetime of his
father, John his successor, William and George, both bred to the practice of the
law, Walter, who all three died unmarried. He had also two daughters,

EuPHAME, the eldest, who was married to Archibald Grossett of Logic, and had
issue.

Margaret, to John Stark of Auchinvole and Gartsherry, and had issue.

John Muirhead, now of Bredisholm, since the demise lately of Captain James
Muirhead of Lauchop, is now the heir-male, and of consequence the chief and re-
presentative of the family of Lauchop ; which I may venture to say, is one of the
most ancient families in all Lanarkshire. He married Lilias, eldest daughter of
James Hamilton of Aikenhead ; but as he has no issue, and but little hopes of any,
iiis nephew, by his eldest sister the deceased Lady Logie, Walter Grossett of Logic,
Esq. is his presumptive, if I may not call him his apparent heir, who, in that
event, is to assume the arms of Muirhead, the simple coat, as his uncle now bears
it, which probably he may think fit to marshal in the first and fourth quarter of
his armorial achievement. Since there is then apparently so natural a connection
betwixt Mr Grossett of Logie and the Muirheads of Bredisholm, I shall here but
just touch a little at the origin and progress of that name in a very few words.
I concur in my opinion with those who think the surname and family of Grossett
to be of a French extraction, and of a family of eminency there, Grosier, and who
bear the same armorial figures in their arms as those of the surname of Grossett do;
the variation is very little ; and the identity of one and the same armorial bearing
is the very surest mark of blood and descent, as the heralds observe. It is an
agreed point amongst the heralds, that the besants were acquired by those who
had signalized themselves in the crusades in the Holy War against the infidels. That
the ancestors of the Grossetts of Logie are but lately extracted from France is most
certain. Captain Alexander Grossett came over from France, and served King
Charles I. in the army, and had the reputation of a gentleman of honour, virtue,
and probity. After the war was at an end, he settled in Scotland, and died there,
leaving behind him a son, Alexander Grossett, Esq; who purchased the lands of
Logie near Dunfermhne ; but being high in the presbyterian principles, and those
people being much depressed in the late times, that he might freely enjoy the ex-
ercise of his religion, he retired over to Holland, where he died, leaving issue by
Christian Cochran his wife, of the ancient family of the Cochrans of Barbachly,
who can, by well vouched documents, carry up their pedigree to the time of King
David II. if not further, only one son, his heir,

Archibald Grossett, Esq. who married Euphame, eldest daughter of James
Muirhead of Bredisholm, in the county of Lanark, and of Helen his wife, daugh-
ter of Alexander Lord Blantyre, by whom he had three sons,

Walter Grossett of Logie, Esq. Collector of his Majesty's Customs, Salt-duty,
and excise, at the port of Alloa, in the county of Clackmanan, and one of the
Justices of the Peace of that shire ;

Captain Alexander Grossett, the second son, is Captain in General Clayton's
regiment ;

James Grossett, Esq. the third son, is a merchant at Lisbon in Portugal, a
gentleman of reputation, and a rising young man that way.

The armorial bearing of Grossett of Logie is azure, three stars or mullets dis-
posed fesse-vvays, argent, and in base of the stars as many besants or, of the se-
cond ; which coat he may carry, on the event of his uncle Bredisholm's death, in
the first and fourth quarter of the achievement of that family.

■z67

Of the family of DUNDAS of Fingask, formerly designed of that
Ilk and Fingask..

AS the former memorial of the family of Dundas of that Ilk, inserted in this Ap-
pendix, contains several assertions, for which no document is adduced, and some of
them contrary to fict ; and deduces the succession of the family since the reign of
King James II. from a collateral branch, and not the lineal heir, thereby insinu-
ating that the present Laird of Dundas is the representative of the ancient family,
in prejudice of the family we now treat of, which undoubtedly is so ; they have
thought proper to publish a genuine account of the family, vouched by charters
and other authentic deeds, the originals whereof are either in their own custody,
or to be found amongst the public records of the nation.

Some account is given of the family of Dundas in the First Volume of this
System, page 275, where Mr Nisbet, from the similitude of the armorial bearing,
and other arguments, attributes their original to Cospatricius, Earl of Dunbar and
March, .^ ho came to Scotland with King Malcolm Canmore, and was by that wise
and discerning prince rewarded with the lands of Dunbar, and many others in
Lothian and the Merse.

I. Waldeve, son to Cospatrick, about the year 1124, grants to Helias, son of
Huthred (fiis brother) the lands of Dundas, to be holden of him, as mentioned in
the copy of the original charter in Sir James Dalrymple's Collections, page 382,
and another copy of the said charter, taken from the original, is engraven in cop-
perplate, in Mr James Anderson's beautiful Collection of Ancient Scots Charters,
lately published by the learned Mr Thomas Ruddiman.

II. Serle de Dundas is the next found to succeed about the year 11 70, and after
him another

III. Helias de Dundas, who is often mentioned in the reign of King vUesander
II. anno 1220.

IV. RuDOLPHUS de Dundas is afterwards in possession of Dundas, and found
often witness to the deeds of the abbot of Kelso, anno 1256 («). He was father
to

V. Saer. de Dundas, who was one of the persons of rank mentioned in Rag-
man-Roll, who swore fealty to Edward King of England, anno 1296, and was
obliged to repeat the submission twice ; first for his lands in Lothian, and again for
his lands of Fingask in Perthshire (b').

VL Hugh de Dundas is often found as companion to the hero Sir William Wal-
lace, anno 1299. To whom succeeded another

VII. Saer de Dundas, who was slain at the battle of Duplin, fighting against
Edward Baliol and an English army, anno 1332 (c). To him succeeded

VIII. Jacobus de Dundas, of whom we have discovered nothing remarkable.
He was father to

IX. Joannes de Dundas, whom we find disputing his right to the islands in
the Forth opposite to the Queensferry, with the Abbot of Dunfermline, who pro-
ceeded against him with the highest censures of the church, before he could oblige
him to desist from his claim: but that matter being some way accommodated betwixt
them, he was absolved from the abbot's sentence of excommunication in 1342 (rf).
Afterwards, upon his own resignation of the lands of Fingask, he obtained a new
charter thereof from King David II. (<?). whereof we have thought proper to annex
a copy, as it is the first charter we can discover granted by the sovereign to any
person of the name of Dundas, and evidences that the barony of Fingask was the an-
cient possession of this family before that period of time. This John de Dundas, ac

(j) Chartulary of the abbacy of Kelso, in the Lawyer's Library. {V) Rymer's Fcedera Anglise, and'
Prynne's Collections, (f) Abercromby's Martial Achievements. ((/) Absolutio Abbatis de Dunfermline,
penes Walterum M'Farlane de eodem. (c) Chartain publicis atchivis.

i6H APPENDIX.

Ban de Fin^nsk, left iisue one son, James, and a daughter, Agile;,, married to Sir
Adam Foirester of Corstorphine, Lord Keeper of the Great Seal in the reign of
King Robert II.

X. James succeeded his father, who appears to have been very intent on secur-
ing his estate in those troublesome times wherein he lived, when the country was
rent in pieces by factions of the great, struggling to wrest the power out of one
another's hands, and harassing all those who differed from or opposed them. In
anno 1380 he obtained a new charter (/) from King Robert II. under his Great
Seal, of the lands and barony of Fingask, upon his own resignation thereof, to him-
self " et ha:redibus de corpora suo legitime procreatis seu procreandis; quibus de-
" ficientibus, Adamo Forrester de Corstorphin, et hsredibus suis quibuscunque."
This charter is dated 28th February, in the ninth year of that king's reign. And
as he was invested by the king in the lands of Fingask, which held of him, so he
obtained a new charter from the Baron of Winchburgh, ancestor to the Earl of
Winton, of the lands of Dundas, which held ward of them, dated 13th December
1397 (^g); whereby " Willielmus de Seton Dominus ejusdem, nepos et hacres
" quondam Alexandri Seton de eodem," grants and confirms " terras de Dundas
" Jacobo de Dundas, et hrcredibus suis legitime procreatis seu procreandis ; qui-
" bus deficientibus, Adamo Forrester de Corstorphin, et hasredibus suis quibus-
" cunque." By a charter, dated 20th September 1406 (A), " Archibaldus Comes
" de Douglas, Dominus Gallovidise et Bothwel," grants and confirms " Jacobo de
" Dundas, Domino ejusdem, et hajredibus suis, pro homagio et servitio suo, omnes
" terras de Dunbarny in vicecomitatu de Perth." And, by another charter, dated
28th February 1416 (/), the same Earl of Douglas grants to the said James Dun-
das the lands of Easter-Blairmucks, " jacen. in baronia de Bothwell, in vicecomi-
" tatu de Lanerk." And in the March following he obtained from Robert Duke
of Albany, then Governor of Scotland, during King James I. his absence in Eng-
land, " licentiam construendi castrum et fortalicium apud Dundas." And, for his
greater security in these troublesome times, he resigned his lands of Dundas, and
took a new charter {k) from the Baron of Winchburgh, superior thereof, in favours
of yames de Dundas his son and heir, reserving to himself his liferent of the same,
and to Christian Stewart, his spouse, her just third part thereof, and granting and
ordSining her, peaceably at her pleasure, to abide in the tower of Dundas, after
the decease of her said husband. This charter is dated at Seaton, 30th November
1423, and registered, Lib. 2. Num. i. The said James de Dundas got also a char-
ter from Murdoch Duke of Albany, Governor of Scotland, to himself and his
heirs procreated, or to be procreated, with his aforesaid wife Christian Stewart,
dated in December 1423 (/). And upon the return of King James I. to Scotland,
from his confinement in Eijgland, his Majesty granted him a confirmation of the
licence to build the tower of Dundas, dated i5th May 1424 (w). And in 1425
that prince granted another confirmation of the Baron of Winchburgh's charter
of the lands of Dundas above mentioned, Jacobo de Dundas scutifero nostra, dated
the i6th April, and nth year of his reign (;;). And, to complete all his rights,
granted a charter, under the Great Seal, of the lands of Fingask, upon his own
resignation thereof, " Jacobo Dundas de eodem, tenen. et haben. praedicto Jacobo
" Dundas, et hceredibus suis masculis de corpore suo ex Christiana Stewart, sponsa
" sua, legitime procreatis, aut procreandis ; quibus forte deficientibus, veris, le-
" gitimis, et propinquioribus haeredibus dicti Jacobi quibuscunque." This char-
ter is dated at Edinburgh 24th May, in the 24th year of that king's reign (0) ;
and, as it clearly illustrates a point in controversy, a full copy thereof is hereto
annexed. The above James de Dundas died in the year 1436, leaving issue by
his only wife Christian Stewart, daughter to Stewart Lord Lorn and Innermeth,
and Earl of Athol, James, his eldest son and heir, and Robert, who was forfeited
with him, and two daughters, Elizabeth, married to Philip Mowbray of Barn-

(/) Charter in the cViarter-chest of Dundas. (^) Ibidem. (h) Ibidem, (i) Charta In publicis
archivis. Lib. 3. No. 32. (k) Ibid. Lib. 2. No. 1. (/) Charta penes Dundas de Fingask. (m) Licentia
in publicis archivis, Lib. 3. No. 34. («) Charta in publicis archivis, Lib. 2. No. 2- (0) Chatta ibid.
Lib. 3. No. ^^. & extractum ejusd. penes Dundas de Fingask.

APPENDIX. -idt,

bougie, and Chnstian, to Sir John Sandilands of Calder, ancestor to the Lord
Torphichen ; and though it be asserted in the other memorial above taken notice
of, that this James Dundas had several children by a former wife, the contrary i-
evident from the charters above cited; in the first of which, failing heirs of his
ou n body, he sub-titutes Adcun Forrester, his brother-in-law, and his lien-s, in the fee
of his estate; and in the last charter above mentioned, he provides the lands to
the heirs-male of his body, by Christian Stewart his spouse ; and failing of them,,
to his nearest and lawful heirs whatsoever in the general ; which it is not to be
presumed a gentleman who had been so exact, and taken so great pains in the
sectlement of his estate, and completing the rights thereof, would have done, had
he had any other children of a former marriage to substitute in the succession of hi^
estate, preferably to his heirs in general; nor is there the least mention or insi-
nuation of any other wife or children in any of the charters above noticed, al-
though there be a considerable series of them, obtained at different times, and at a
considerable distance of time from one another.

XI. James succeeded to his father in all his estate, in virtue of the above char-
ters ; and he is, upon the 6th November 1437, served and retoured, '- tamquam
" legitimus et propinquior hxres quondam Jacobi de Dundas, de eodem, sui
" paths," in the lands of Dumbarny {p). He married Elizabeth, daughter to Sir
Alexander Livingston, thereafter Lord Caller^er, Governor to K.ing James IL
by whom he was brought into the king's daily council, and is often found witness
to his deeds and charters, from anno 1437 to 1449 (</), that the great change was
made at Court by the prevailing power of the Earl of Douglas and his faction, and
the Lord Callender, his sons, frisnds, and two sons-in-law, Sir James Dundas of
Dundas, and Sir R.obert Bruce of Airth, were all forfeited by act of Parliament,
anno 1449 (r), and their estates given away to the Earl of Douglas and his friends
and favourites. The estate of Fingask, which held of the sovereign, fell in his
hands, which he retained : but the estate of Dundas fell partly to the Baron of
Winchburgh, superior thereof, and the rest was given by the king to William Earl
of Douglas, by two charters, both dated 9th February 1449, which proceed upon
the following preamble or narrative : " Qiis terrae cum pertinen. ratione escheta?,
" propter preditoriam traditionem in nostram personam regiam, per Jacobum de
" Dundas, als de eodem, commissam, et crimen nostra; lesa; majestatis per eundem
" Jacobum nequiter perpetrat. ad manus nostras devenerunt, sicuti in nostro par-
" liamento apud Edinburgh tento, anno subscripto, notorie compertum cxtitit et
" declaratum (j)."

The Earl of Douglas's insolent treatment of the king having procured his fall
by a blow from his majesty's own hand in anno 1451, Sir Alexander Livingston
and his friends were pardoned and brought again into favour, and restored to what
part of their estates remained in the king's hands ; whereby Sir Robert Bruce was
restored to Airth, and Sir James Dundas to his estate of Fingask, and other lands
in Perthshire, which held of the king ; and the new charter was granted to him
and his heirs-male, conform to the old infeftments of the house of Fingask, which
in that and all after deeds are always referred to, on account of the interniption
of their right by the above forfeiture.

The lands of Dundas being vested in the person of William Earl of Douglas, at
the time of his decease, fell to his brother James Earl of Douglas, and remained
with him till they came to the crown by his forfeiture, 9th June 1452, when pro-
bably the king gave that part of them which fell to him, to Archibald Dundas of
Liston, vvho, from his being possessed of the lands, assumed the designation of
Dundas of that Ilk ever afterwards ; and Sir James Dundas having, by the for-
feiture, been dispossessed of these lands, and he and his descendants laying aside
that designation, and using only that of Fingask, has given occasion to the one

(/)") Specialis Retornatus penes Dundas de Fingask. (y) Several charters in the public records,
(r) Black Acts of Parliament in that year, and all histories of that time, (s) Duit charta; penes
Dundas de Fingask.

Vol. n. 7 E

-7=

APPENDIX.

family being mistaken for the other. But, to return from this digression, Sir
James Dundas above mentioned, olim de eodem, now designed of Fingask, had issue
by his said wife, Elixabeth, daughter to the Lord Callender (/), two sons, Alex-
ander, his successor, and Duncan Dundas, Lyon King at Arms, who was several
times sent ambassador to England (//). Mr Nisbet, in his First Volume (.\), and
other vouchers, agree that he was predecessor to the Dundasses of Craigton and
Newliston. He had also a daughter, Elizabeth, married to Sir David Guthrie
of that Ilk, who was Comptroller, Treasurer, &-c. to King James IIL ; all which
evidences how groundlessly it is affirmed in the memorial above noticed, that this
Sir James Dundas died without children, and destroys the whole superstructure
founded upon that assertion.

Xn. Alexander de Dundas, now that the estates of Dundas and Fingask were
separated as above, obtained himself served and retoured as heir to his father at
Perth, anno 1460, only in the lands of Fingask, &-c. (y): and from thenceforth
designed himself from that estate, as we find in a solemn contract of submission
betwixt the Abbots of Scone and Cupar anent their marches, to be determined by
six barons, viz. " Dominus Henricus Douglas de Lochleven, miles ; Joannes de
" Moncrief de codem ; Alexander de Dundas Baro de Fingask ; Robertus Aber-
*' cromby de eodem ; Patricius Bruce de Pedenys, et Gilbertus Monorgan de eodem;
" judices communiter et amicabiliter electi," dated in anno 1466, 24th July {a) ;
to which contract the seals of the two abbots and six judges are appended; that of
Alexander de Dundas is very entire, and distinctly exhibits the old principal arms
of the family, without any additional figure or mark of cadency, viz. a lion ram-
pant in a plain shield, and round the seal the legend is, Sigillum Alexandii de Dun-
das Baro. de Fingask. He married Isabel, daughter of Laurence Lord Oliphant,
by whom he had no issue; thereafter Helen Arnot, daughter and co-heir of Walter
Arnot of Balbarton, by whom he left issue Alexander his heir, Adam de Dundas de
Oxmure, and several other sons, some of whom, with himself, were slain at the
battle of Flodden, 9th September 1513.

XIII. Alexander Dundas succeeded his father, and, in armo 1540, got a new
charter from King James V. of the lands of Coates in the lordship of Elcho, " Alex-
" andro Dundas de Fingask et Elizabeth Bruce ejus conjugi, et hsredibus inter
" ipsos legitime procreatis seu procreandis, cognomen et arma de Dundas geren. (Z>)."
By the said EHzabeth Bruce, daughter of Sir David Bruce of Clackmanan,
and Janet his wife, daughter to Sir Patrick Blackadder of Tulliallan, he had
issue, first Archibald his heir, second, Robert, third, Tliomas of Findhorn- (c),
and two daughters, Nicholas, married to Alexander, Lord Commendator of Cul-
ross, ancestor to the Lord Colvil, to whom she had issue : Margaret, the second
daughter, married to William Ker of Ancrum, their grandson was created Marquis
of Lothian ; she married, secondly. Sir George Douglas of Mordington, to whom
she had Sir George Douglas, and a daughter, Martha, married to Sir James Lock-
hart Lord Lee ; their issue were General William Lockhart of Lee, Sir George
of Carnwath, and Sir John of Castlehill, and several daughters.

XIV. Archibald Dundas succeeded his father ; he married Elizabeth, daughter
of Robert Colvil of Cleish, ancestor to the Lord Ochiltree, by whom he had issue
William, his eldest son, Archibald and Robert. In anno 1582 he entered into a
contract of marriage with his son William and Dame Margaret Carnegie, eldest
daughter to Sir David Carnegie ; and by her mother, Elizabeth Ramsay, she was
co-heiress of Colluthy and Leuchars, whereby these lands and the barony of Fin-
gask is provided to the heirs- male of the aforesaid marriage, agreeable to the old
infeftments, with the lands of Coates, Knightspotty, &c. but, there being no
issue

XV. Archibald Dundas, his second brother, succeeded, and was, upon the 8th
of February 1606, served heir in general to Alexander Dundas of Fingask, his
grandfather, at Perth, before William, master of Tullibardin, sheriffof that shire [d).

(0 Contract of marriage in the Earl of Linlithgow's charter-chest. {«) Rymer's Fuedera Angliae, ad
unnum 1484, &c. (x) Page 275. ( y) Specialis retornatus penes Dundas de Fingask. (n) Original
contract penes eundum. (A) Charta in publicis archivis Lib. 22. No. 292. {(c) Charta ibid. (//) Ge-
neralis Retornatus penes Dundas de Fingask.

APPENDIX. 271

And, ill anno 1609, he took a new charter of the lands of Fingask from the King {, ).
He married Jean, another daughter of the foresaid Sir David Carnegie, father to
the Earls of Soiithesk and Northesk, by his second wife, Euphame, daughter to Sir
John Wemyss of that Ilk, ancestor to the Earl of V\emyss, by whom he left issue Sir
John Dundas, Robert, and six daughters. He married a second time Giles, daugh-
ter to Sir Laurence Mercer of Aldie, by whom he had Laurence, predecessor to
Mr Laurence Dundas, Professor of Humanity in the University of Edinburgh; and,
dying in 1624, was succeeded by

XVL Sir John Dundas of Fingask, his eldest son, who was knighted by King
Charles I. unno 1633. His loyalty to his sovereign, and his near relation to th'j:
g:;.-at Marquis of Montrose, induced him to expose his life and fortune in the royal
cau-e, whereby the latter was much diminished. He married first, Anne, daugh-
ter to Sir William Moncrief of that Ilk, without issue; and, secondly, Margaret,
daughter to George Dundas of Dundas, by his wife Elizabeth, daughter to Sir Al-
exander Hamilton of Innerwick, by whom he left issue,

XVIL John Dundas, his only son and heir, who married Magdalen, daughter

to AUardice, son to Allardice of that Ilk, and his wife, daughter to

Sir Thomas Burnet of Leys, by whom he left an only son, Thomas, and three
daughters. And, secondly. He married Mary, daughter to Sir Michael Arnot of
that Ilk, without issue.

XVIII. Thomas Dundas, presently of Fingask, married Bethia BaiUie, daugh-
ter to John Baillie of Casdecary, and Margaret, daughter to BaiUie of Mannerhall,
by whom he has three sons living, viz.

Thomas, married to Anna, daughter to Mr James Graham of Airth, Judge
of the High Court of Admiralty of Scotland, by Mary Livingston, daughter to
Alexander Earl of Callender, and his lady, Anne Graham, daughter to James Mar-
quis of Montrose.

Laurence married Margaret, only daughter to Alexander Bruce of Kennet, by
Dame Mary Balfour, daughter to the Lord Burleigh.

William, presently in the army.

The armorial bearing carried by Dundas of Fingask is, argent, a lion rampant
gules ; supported by two lions rampant, gules ; crest, a lion's head full-faced,
crowned with an antique crown, looking over a bush of oak : motto, Essayez ; and
the same arms, distinguished by a crescent, are used by the above-named Lau-
rence Dundas.

N. B. Since the above was printed, I have seen the retour of" Archibaldus
" Dundas, filius et hseres quondam Alexandri Dundas de Fingask," in the register
of Perth, einno 1547.

Charta Confirm. Davidis zdi Regis Scotortm, infavorem Joannis de Dundas,
Baronis de Fingask.

" DAVID, Dei Gratia, Rex Scotorum, Omnibus probis hominibus totius terne
SUE, Clericis et Laicis, salutem. Sciatis nos dedisse, concessisse, et hac prjcsenti
charta nostra confirmasse dilecto et fideli nostro Joanni de Dundas, filio et haeredi
Jacobi de Dundas, totam et integram Baroniam de Fingask, cum pertinen. jacen.
infra vicecomitatum de Perth. Qusquidem Baronia cum pertinen. fuerunt
died Joannis hareditarie, et quas idem Joannes, non vi aut metu ductus, nee
errore lapsus, sed mera et spontanea voluntate sua, in manus nostras per fustim
et baculum sursum reddidit, pureque simpliciter resignavlt, et totum jus et cla-
meum qux in praedicta Baronia cum pertinentiis habuit, vel habere poterit in fu-
turum. Tenen. et haben. eidem Joanni et haeredibus suis, de nobis et ha:redi-
bus nostris, in feodo et ha^reditate, per omnes rectas metas et divisas suas, cum
omnibus et singulis commoditatibus, assiamentis, et justis pertinentiis quibus-
cunque ad dictam Baroniam spectantibus, seu quoquo modo in futurum juste spec-
tare valentibus, adeo hbere, quiete, plenarie, integre, et honorifice, bene et in

{e) Charta in publicis archivis. Lib. 46, No- 398.

^72 APPENDIX.

" pace in omnibus, et per omnia, sicut prajfatus Joannes diet. Baroniam ante dic-

" tam resignationem nobis inde spectan. liberius tenuit, sive possidet. R ddendo

" inde nobis et h;credibus nostiis idem Joannes et heeredes sui unum Denarium

" Argenti apud Pentecosten, nomine alb;e firmne, pro omni alio servitio secularly

" exactione sen demanda quae per nos vel haeredes nostros ad dictam Baroniam in

" in futurum exigi poterit vel requiri. In cujus rei testimonium pnBsenti cartse

" nostrse nostrum prascepimus apponi Sigillum. Apud Edinburgh, Becimo Octavo

" DieMensis Februarii anno Regni nostri tricesimo quixito 1364."

Chart a Confirm. Jacobi imi Regis Scotorum, in favorem Jacobi Dundas de eodem,
Baronis de Fingask, ejusque conjugis.

" Jacobus, Dei Gratia, Rex Scotorum, Omnibus probis hominibus totius terrae

'•' sux, Clericis et Laicis, salutem. Sciatis quod concessimus dilecto et fideli nostro,

" Jacobo de Dundas de eodem, totam Baroniam de Fmgask cum pertinen. jacen.

" mfra vicecomitatum de Perth. Quae quidem Raronia fuit dicti Jacobi hteredi-

" tarie, et quam idem Jacobus, non vi aut metu ductus, nee errore lapsus, sed sua

" mera et spontanea voluntate coram testibus in manus nostras per fustim et bacu-

" lum sursum reddidit, pureque simpliciler resignavit, ac totum jus et clameum

" qua; in dicta Baronia cum pertinen. habuit, aut habere potuit, pro se et haeredi-

" bus suis omnino quietum clamavit in pepetuum. Tenendum et habendum dic-

" tam Baroniam cum pertinen. prasdicto Jacobo de Dundas, et h^redibus suis mas-

" culis de corpora suo, ex Christiana Stewart, sponsa sua, legittime procreatis aut

" procreandis ; quibus forte deficientibus, veris legittimis et propinquioribus h;e-

" redibus dicti Jacobi quibuscunque, de nobis et hjeredibus nostris in feodo et

" hxreditate in perpetuum, per omnes rectas metas suas antiquas et divisas in bos-

" tis, planis, moris, maresiis, viis, semitis, aquis, stagnis, pratis, pascuis, et pastu-

" ris, molendinis, multuris, et eorum sequelis, aucupationibus, venationibus, pis-

" cationibus, turbariis, et carbonariis, cum curiis et earum exitibus et eschetis,

" cum fabrilibus et brasinis, ac cum omnibus aliis et singulis libertatibus, commo-

" ditatibus et assiamentis, ac justis pertinentiis quibuscunque, ad pradictam Baro-

" am cum pertinen. spectantibus, seu juste spectare valentibus, quoraodo libet in

" futurum, adeo libere, quiete, plenarie, integre, et honorilice, bene et in pace, in

" omnibus, et per omnia, sicut dictus Jacobus aut aliquis praedecessorum suorum

" prasdictam Baroniam cum pertinen. de nobis seu praedecessoribus nostris ante dic-

" tam resignationem nobis inde factam, liberius tenuit seu possidet. Reddendo

" inde nobis et hseredibus nostris dictus Jacobus et haeredes sui masculi de corpora

" suo et Christiana Stewart sponsa sua legittime procreati seu procreandi ; quibus

" forte deficientibus, veri legittimi et propinquiores haredes dicti Jacobi quicun-

" que, annuatim unum Denarium Argenti ad festum purificationis beatae Marias

" Virginis, si petatur, nomine albae firmae tantum ; pro omnibus servitiis, exac-

" tionibus secularibus, aut demandis, quae de dicta Baronia cum pertinen. exigi

" poterint seu requiri. In cujus rei testimonium presenti cartae nostrae Magnum

" Sigillum nostrum praecepimus apponi : Testibus reverendo in Christo Patre

" Joanne, Episcopo Glasguen. Cancellario nostro, Magistro VVillielmo Pont pras-

« posito Ecclesice Collegiatae de Bothwell, nostri secreti Sigilli Custodi, Thoma de

" Myrton, Decano Glasguen. Joanne Forrester Camerario, Waltero de Ogilvy

" Thesaurario Regni nostri, Militibus. Apud Edinburgh, XXIV. Die Mensis

« Maii, anno Regni nostri XXIV."

APPENDIX. C-7J

Of URCUJHART of Cromarty and Meldrujf.

THE surname of Urquhart is of great antiquity, and the family of Cromarty was
always e-.;ec;iicd the liist and principal family of that name : taey enjoyed not
only the honourable office of hereditary sheri.f-principal of the shire of Cromarty,
but the far greater part, if not the whole, of the said shirc did belong to them,
either in property or superiority, and they possessed a considerable estate besides
in the sliire of Aberdeen : But many of the .old papers of this tamily being lost,
and the rest of tnem in the hand^ of those who now possess that estate, the particu-
lar time and manner of its rise cannot be tixjd with any certainty ; and, therefore,
without taking notice of such accounts as are only founded upon tradition, we
shall go no farther back than we find clear documents from charters and rctours
still extant in the puolic records.

There is a charter of confirmation granted by King David II. confirming a char-
ter granted by Hugh Earl of Ross, Lord of Philorth, to Adam Urquhart, Sheriff
of Cioinarty, and iiis heirs, of tHe lands of Fochesterday in Buchan, (now called
Fishery) and baihaiy of Kinnedder. And another charter of confirmation by the
said King David, confirming a charter granted by David Lesly, Lord of Philorth,
to John Urquhart, son of Adam Urquhart, sheriff of Cromarty, and his heirs, of
the said lands of Fochesterday ; both which charters are dated December 8, in
the 40th year of the said king's reign, which was anno 1368 ; and by this it seems
clear, that Cromarty was a family of note at this time ; and not only enjoyed
the lands and estate of that name, but also the office of sherifl-principal of the said
shire.

I. The said Adam Urquhart of Cromarty married Brigida, daughter of Fleming
of Cumbernauld, ancestor of the Earl of Wigton, by whom he had John, his suc-
cessor above mentioned.

II. John Uh^l-hart of Cromarty married Agnes, daughter of Sir Alexander Ram-
say of Dalhousie, ancestor of the earl of that name, by whom he had William.

III. Sir William Ui^qukart of Cromarty was knighted by King Robert HI. and
married Susanna, daughter of Forbes of that Ilk, ancestor of the Lord Forbes, by
whom he had two sons, William and Alexander.

IV. William Urquhart of Cromarty married Elze, daughter of Sir Alexander
Forbes, second Laird of Pitsligo, ancestor of the Lord Pitsligo ; but having no
issue-male was succeeded by his brother.

V. Alexander Urqlihart of Cromarty married Katharine, daughter of Sir
James Ogilvie of Deskford, aiicestor of the Earl of Findlater, by whom he had
Thomas, and several other children ; and of one of his younger sons was d';scended
Colonel John Urquhart, who served many years in Sweden with great applause.

VI. Thomas Urquhart of Cromarty married Helen Abernethy, daugliter of the
Lord Salton, by whom, it is said, he had twenty-five sons and eleven daughters ;
seven of the sons were killed at the battle of Pinky, which was fought on the loth
of September 1547, in C)iieen Mary's minority; and of another of his sons is de-
scended the family of Newhall, now represented by Captain David Urquhart, only
son and heir of Colonel Alexander Urquhart of Newhall, deceased. It is uncertain
at what precise time the family of Burdsyards cam; olf the family of Cromarty ;
but it is highly probable it was long before this time ; for although the first charter
we see in the public records, in favour of Alexander Urquhart of Burdsyards, is
in jthe reign of King James V. yet it is certain that family have much older
papers in their charter-chest. On the death of this Thomas he was succeeded by
his eldest son

VII. Alexander Urquhart of Cromarty, who was served and retoured heir to
his father the 21st March 1561, in the lands of Fishery and others , and married
Beatrix, daughter of Innes of Auchintoull, an old family in BaniTsliire, by whom
he 'lad .Valter, and Johy Q quhart of Craigfintray, coinmonly called Tutor of Cro-
marty, with several other children.

Vol. II. 7 G

^74

APPENDIX.

VIII. Walter Urquhart of Cromarty was served heir to his father the nth of
April 1564, and married Elizabeth, daughter of Kemieth Mackenzie of Kintail,
ancestor of the Earl of Seaforth, by whom he had Henry.

IX. Henry Urquhart, younger of Cromarty, died before his father, leaving by
Elizabeth, his wife, daughter of Ogilvie of Banff, ancestor of the Lord Banff, one
son named Thomas.

X. Sir Thomas Urquhart of Cromarty was served heir to his father on the 13th
of April 1603, and to his grandfather on the nth of May 1607 ; he, was knighted
by Kmg James VI. anno 1617, and married Christian, daughter of Alexander Lord
Elphinstone, by whom he had Sir Thomas, and Sir Alexander Urquhart of Dun-
lugus, with several daughters, one of which married Campbell of Calder, and ano-
ther Abercromby of Bnkenbog,

Sir Thomas Urquhart of Cromarty was knighted, in Whitehall gallery, by his
Majesty Kmg Charles 1. on the 7th of April 1641, and was afterwards a great
suflerer for his loyalty to that distressed prince, and his son King Charles II. be-
ing taken prisoner at the battle of Worcester, and his estate sequestrated by the
rebels. He lived to see the happy Restoration, and died soon after, having never
married ; and his brother, Sir Alexander Urquhart of Dunlugus, having married his
own cousin, a daughter of the Lord Elphinstone, had several daughters, but no
male issue; so this branch failing, and the male descendants of Walter being now
extinct, we must return to his brother.

John Urquhart of Craigfintray was born anno 1547; and, after the death of his
brother and nephew, was tutor to his grand-nephew Sir Thomas, by which desig-
nation of Tutor of Cromarty he was commonly known; he managed his nephew's
affairs to great advantage, and also acquired a very handsome estate himself. He
lived to a great age, and died at his own house of Craigston, which he had built
many years before, upon the day of 1631, having been three times

married ; first, to a daughter of Gordon of Cairnborrow, relict of Meldrum of Men,
by whom he had John, his eldest son, with several other children; one of his
daughters being married to Gordon of Buckie, and another to Sir Alexander Gor-
don of Clunie. Secondly, he married Jean Abernethy, daughter of the Lord Sal-
ton, relict of Alexander Seaton of Meldrum, by whom he had no issue. And,
thirdly, he married, anno 1610, Elizabeth Seaton, only daughter and heir of Alex-
ander Seaton, younger of Meldrum, and grandchild of Alexander Seaton, whose
relict he had formerly married, by whom he had Patrick Urquhart of Meldrum,
Adam Urquhart of Auchintoull, Walter Urquhart of Crombie, James Urquhart of
Oldcraig, and one daughter, married to Eraser of Easter-Tyrie. John Urquhart of
Lathers, eldest son to the said John Urquhart of Craigfintray, married a daughter
of Innes of that Ilk, an ancient family in Murray, and died soon after his father,
on the day of in the same year, 1631, leaving one son named John.

John Urql^hart of Lathers married his own cousin-german, a daughter of the
-;aid family of Innes ; and dying on the day of 1634, left a son, named

John, then an infant, who, upon the death of Sir Thomas Urquhart of Cromarty,
and his brother, without male issue, came to represent the said family, and was-
knighted by King Charles II. ; and his mother having married the Lord Brodie,
one of the Senators of the College of Justice, had by him James Brodie of that Ilk,
grandfather to the present Lord Lyon.

Sir John Urquhart of Cromarty married daughter of George, second

Earl of Seaforth, by whom he had two sons, Jonathan and Captain Kenneth, which
last died, leaving no issue-m.ale.

Jonathan Urquhart of Cromarty married Jean, daughter of James, second Marquis
of Montrose, by whom he had one son named James ; and the affairs of the family
now falling in disorder, the estate cam.e to be sold, and was purchased by Macken-
zie Viscount of Tarbet, who thereafter was created Earl of Cromarty.

Colonel James Urquhart, representative of Cromarty, served both in Spain and
Flanders with great applause; he married Anne, daughter of Rollo of Powhouse,
in Stirlingshire, and died on the 3d of January 1741, leaving only one daughter
named Grissel; so all the male descendants of the Tutor of Cromarty, by his first
marriage, being failed, we must now return to the eldest son of his last marriage.

APPENDIX. 275

Patrick Urquhart of Meldium was born anno 1611 ; he had not only his house
of Lethendy plundered, (where he hved before lie succeeded in right of his mo-
ther to the estate of Meldrum) but also suffered several otlier hardships for his
loyalty to his Majesty King Charles I. He married Margaret, daughter of James
first Earl of Airly, who had the honour to save her brother the Lord Ogilvie's life,
who made his escape in her clothes from the prison at St Andrews, anno 1646, the
very night before he was to have been executed, with Sir Robert Spottiswood, Lord
President of the Session, and others who suffered at that time for their loyalty.
And by this lady he had issue John, who died unmarried, Adam, his successor,
James Urquhart of Knockleith, (who married Margaret, daughter of Eraser of
Tyrie, and had one son. Captain John Urquhart of Craigston, of whom afterwards,
and two daughters) Dr Patrick Urquhart, professor of medicine in the King's Col-
lege of Aberdeen, (who married Elizabeth, daughter of Dr Andrew Muir, his pre-
decessor in office, by whom he had Dr James, Dr Alexander, and William, with
several daughters) Captain Alexander Urquhart, who was killed in the king's ser-
vice, anno 1685, r.nd one daughter, Elizabeth, married first to Sir George Gordon
of Gight, (which family she heired by a daughter) and afterwards to Major-Ge-
neral Thomas Buchan.

Adam UK.k>ynAiiT of Meldrum was born anno 1635, and in his younger years,
when his elder brother was alive, served lopg abroad iis a soldier; and, after his re-
turn to his own country, he had the honuur to serve his Majesty King Charles IL
as cornet, and then as lieutenant of that independent troop of horse commanded
by his uncle the Earl of Airly, and was thereafter made capt.iin of the said troop
in room of the said Earl; in which station he continued till his death, which hap-
pened at Edinburgh the icth day of November 1684. He married, anno 161^7,
Mary, daughter of Lewis Marquis of Huntly, and sister of George, first Duke of
Gordon, by whom lie had John, his successor, James Urquhart of Blyth, (who
married Jean, daughter of Porterfield of Comiston, by whom he had two sons,
James Urquhart, now of Blyih, and Adam, and three daughters) Adam and Lewis,
both churchmen in France; also three daughters, Mary, a nun at Dieppe in France,
Elizabeth, married to David Ogilvie of Clova, and Anne, married in France to Sir
Florence O'Donogh, an Irish gentleman, and an officer in the King of France's
Gens d'Arms. The said Ladv Mary Gordon, after Meldrum's death, married James-
Earl of Perth, then Lord High Chancellor of Scotland, and, after the Revolution,
went to France with her husband, where she lived till March 1726, and died at St
Germains in the Soth year of her age.

John URQLiH-\K.r of Meldrum married Jean, daughter of Sir Hugh Campbell of
Calder, by whom he had Adam, who died unmarried, and William, his successor;
also tour daughters, Mary, married to William Menzies of Pitfoddels, Jean, to
Alexandei Stewart of Auchluncart, Elizabeth, to William Forbes of Tilliorey, and
Anne, to Charles Gordon of Blelack: He died at Aberdeen the 17th of November
1726, in the 59th year of his age.

William Urqi'hart of Meldrum married Mary, daughter of Sir William Forbes
of Monymusk, by whom he has now Uving two sons, William and Keith, and
three daughters ; Jean, the eldest, married to Captain John Urquhart of Craig-
ston, only son of James Urquhart of Knockleith, before-mentioaed, and has seve-
ral children, and the other two daughters, Mary and Elizabeth, are both young and
unmarried.

And now, by the death of Colonel James UrquJiart, representative of Cromarty^
without male issue, the said Wilham Urquhart of Meldrum falls to represent the
said family.

The arms of this family, as now matriculated in the Lyon Register, are or, three
bears' heads erased gules, langued azure, supported by two greyhounds, proper,
coloured gules, and leished or; above the shield a helmet befitting his degree,
with a mantle gules, doubling argent; and on a wreath of his colours is set, for
his crest, a demi-otter issuing sable, crowned with an antique crown or, holding
betwixt his paws a crescent gules (being the armorial figure^ of Meldrum of that
Ilk, and Seatoa of Meldrum) ; and, in an escrol above, this motto, Per mare cs"

-76 APPENDIX.

terrar, and, in another below, these words, Mean, speak, and do iveH, being
ancient motto of Cromarty.

SOMERVILLE of Camneth.vn, or Cambusnethan, in the County of
Lanark.

Mr NISBET, the author, in his First Volume, page 256, observes, that one
eminent fa:nily of the name of Somerville, was the Somervilles Barons of Camne-
than, or Cambusnet'iiaii: The tirst of which (says he) was Su- John Somerville,
son of John Lord Somerville, by his second wife Mary Baillie, a daughter of La-
mington ; but that he had not seen the arras of that family in old books, and says
little more about it; however, the following account of the family of Camnethan,
with evident documents of the truth of it, came to our hands since the death of the
author.

Sir John was born anno 1463, and was first designed of Quothquhan ; but after
his father provided him in the large barony of Camnethan, and a considerable part
of the estate of Carnwath, in the county of Lanark, beside the ten-merk land of
the manor of Roberton, with the lands of Kingledore, in the county of Peebles,
he was designed of Camnethan, or Cambusnethan. He married Elizabeth Car-
michael, daughter of William Carmichael of Balmeady, b^ his wife Elizabeth Sib-
bsl'id. Countess Dowager of Angus, mother of Archibald Earl of Angus, commonly
called Bell the Cat: She bore to him Sir John, his heir, William, who got for his
portion the lands of Tarbrax, and three daughters; Margaret, married to the Mas-
ter of Montrose, eldest son of William the first Earl of that title, Elizabeth, to
Robert Dalziel of that Ilk, ancestor to the Earl of Carnwath, and Helen, to Robert
Boyd of Kilmarnock, who was created Lord Boyd, ancestor to the Earl of K.il-
mai-nock, each of whom had issue: And besides these, Sir John had two law-
ful sons, Michael and James, who are witnesses to a charter granted by the
Lord Somerville to Chancellor of Shieldhill, his vassal, dated 12th September 1508;
but whether these had issue, or were married, does not appear. As Sir John was
a great favourite of King James IV. so with him he lost his life at the fatal battle
of Flodden, anno 1513, as appears by the retour of his son and successor,

John, the second Laird of Camnethan, who was served heir to his father, and
infeft in his estate, anno 1515. This gentleman was much attached to the Dou-
glassian faction, (being first and second cousin to the then Earl of Angus, grand-
son of Be/l the Cat) in the minority of King James V. and, as he appears to have
been a man of great courage as well as power, so he was a great support to that
interest, even when it was upon the decline; -for vi'hen John Duke of Albany, Re-
gent of the kingdom, had gone into France, and had committed the administration
of public affairs to seven deputy governors, viz. Anthony Darcy, a Frenchman, the
Earls of Angus, Arran, Argyls, and Huntly, Andrew Forman, Archbishop of St
Andrews, and James Beaton, Archbishop of Glasgow, Chancellor of the kingdom;
and that Darcy was put to death by the Humes, Arran, by the assistance of
Beaton, endeavoured to grasp at the management of all public affairs, and got
himself actually chosen chief of the deputy governors, and began to oppress
Angus and the Douglassian faction ; then Sir John Somerville, of whom we
are now speaking, appeared for Angus, and gave Arran and his faction abun-
dance of disturbance ; particularly, Buchanan tells us, that when a contro-
versy happened between Andrew Ker of Ferniherst and the Earl of Ana,u}, the
Hamiltons took part with Andrew, more out' of hatred to the Douglas than the
justice of Andrew's cause, and that both parties were preparing to decide the con-
troversy by the chance of a battle, this Sir John Somerville attacked the Hamil-
tonian party, under the command of James, Arran's natural son, slew five of the
faction, took above thirty of their horses, and put the rest to flight. Buchanan's
words are, " Igitur cum sub diem conventus, in majores. quam pro re de qua con-
" tendebatur, aleam certarainis sese utrique pararent, Joannes SomervaUius, Dou-

APPENDIX. 277

" glassianaj factionis, juvenis nobilis &• magni animi, Jucobum Arrianrc coinitis
" riliiim nochani, in itinere aggiessus, quinqu^ coinituin ejus occidit, reliquos fii-
" gavit, supra trigint.i equos cep;t," page 420. Kdinb. edii. 1727. 1. 14. ch. ir-
And Hume of Godscioft gives much the same account of this action in his History
oi the Douglasses.

Besides, m the affairs of which Buchanan gives us the history in tlie following
chapter, this Sir John SomerviUe was the chief and prmcipal actor; to wit, when
a convention was indicted at Edinburgh, 2gth of April 1520, and a great number
of western Peers of the Hamiiionian faction came to tnat place, and in their
private councils had determined to appreiiend the person of the Earl of Angus ;
and, if. order to accomplish that end, had shut up the whole ports of the city: Tliis
Sir John was the chief of these eighty brave men who drove Arran and Beaton out
of the city, killed seventy-two of their party, and obliged that Earl and his bastard
son, with several others, to save their lives by making their escape through the
North-Loch, through which Sir John himself pursued them, although it appears
that the Hainiitonian faction was very numerous ; for after Angus found himself
master of the city, he emitted a proclamation, forbidding any person to appear
armed in the streets, except those of his own party, but liberty to all such as should
desire it to depart w ithoiit harm from the tov.'n; no less than eight hurKlred of those
who had been beat from the streets, marched out in one body. Buchanan's words
are, " Abierunt autem iino agmine, piteter eos qui fugam prcEceperant," (/. f . over
the Nortli-Loch) " equites plus minus octingenti, majore cum ignominia quani
" damno." And that Sir John Somerville was the chief commander in this ac-
tion, is vouched not only from the history of the family of Camnethan, penes Lord
Somerville, but likewse from the records of parliament ; for, as such, he alone of
all the eighty, was forfeited by the Parliament holden at Edinburgh, April 7. 1522,
(notwithstanding of a remission he had formerly gotten) and his estate given to
the Earl of Arran, Hugh Lord Somerville, and Sir James Hamilton of Fynart,
Arran's already-mentioned bastard son ; but he was restored again to his estate and
honour by the Parliament holden at Edinburgh August 3. 1525, whilst Arran,
Somerville, and Sir James opposed it with all their interest ; which restoration-
was confirmed by the king himself at the age of fourteen years, 2ist June
1526. The truth of which is vouched from the records of Parliament of the
above dates.

Sir John married Margaret Graham, daughter of William Earl of Montrose r
Their contract of marriage, and likewise that of the Master of Montrose with Mar-
garet Somerville, Sir John's sister, already mentioned, are both dated at Glasgow,
loth July 1510. By her he had two sons. Sir John, the heir of his family, and Wil-
liam, who got for his patrimony a forty-shilling land in the Netherton of Camne-
than ; and likewise two daughters, Nicolas, the eldest, first married to John Lord
Fleming, ancestor to the Earl of Wigton, and had issue, and next to George Earl
of Rothes, whose first lawful wife she was, and to uhom she bore Andrew, heir of
the earldom, another son who was the father of the first Lord Lindores, and a
daughter, Agnes, married to William Douglas of Lochleven, afterwards Earl of
Morton, to whom she bore (besides male) seven daughters, called the Perches of
Lochleven, married into the families of Argyle, Home, Errol, Oliphant, Wemyss,
Firullater, and Glammis, now Strathmore ; Sir John's other daughter, Margaret,
was married to Johnstone of Westerhall. Jtle died, anno 1543, and was succeeded
by his son

John, the third of the family of Camnethan ; this gentleman was much in fa-
vour with King James V. He married, first, Katharine, daughter of William Car-
michael of Meadowflat, who (because he was Captain of the castle of Crawford)
is most frequently designed in history Captain of Crawford ; by her he had two
sons and two daughters, James, his successor, and Robert, who had for his portion
the lands of Overcaldlaw ; Katharine, the eldest daughter, married to Cockburn of
Skirling, near Biggar, then a very considerable family ; and Agnes, the younger
daughter, married to Gavin Hamilton of Netherhillies, without the consent of her
parents, and, for that reason, disowned by them. Katharine Carmichael died anno
ri;^o, and Camnethan took for his second wife, Katharine, daughter of John Mur-
'VoL. IL T ri

ayb

APPENDIX.

ray of Falahall, Sheriff of the Forest, ancestor to Murray of Fhiliphaugh, by
Margaret his wife, daughter of Patrick Hepburn, first Earl of Bothwell, by whom
he had a numerous issue, namely,

John Somerville, who was first provided in the fee of the lands of Drum, half
of Gilmerton and Gutters, then in possession of the family of Camnethan ; but
after they returned to my Lord Somerville's family, John was, in lieu of them,
provided in the lands of Potterhall, and several others within the barony of Cam-
nethan; Patrick, the second, got the lands of Green; William, the third son, went
abroad, and took orders in the church of Rome; and Thomas, the fourth, of whom
IS descended Mr William Somerville, minister of Hawick. Besides these sons he
had four daughters by Katharine Murray, to wit, Helen, married to Sir John Skene
of Curriehill, who was Lord Register in the reign of King James VI. and ambas-
■^ador for that prince to several foreign courts, and had a numerous issue; Nicolas,
married to Walter Stewart first Lord Blantyre; Jean, married to James Dunlop of
that Ilk ; and Margaret, married to Adam Whiteford of that Ilk, or of Milton;
and they all had issue.

This John Somerville is the person who, with many of the peers and principal
gentry, signed the bond of association in favour of the prince, when Queen Mary,
his mother, gave in a demission of the crown and government, as is mentioned by
Mr James Anderson in his Collections relating to the History of Queen Mary: He
is likewise the same from whom the Earl of Arran borrowed a sum of money, by
a mortgage upon his lands, immediately after the death of the Regent James Earl
of Murray, (as Buchanan tells us, lib. 20. c. 6. page 601, Edinburgh Edit.) his
words are, " Caede Proregis vix dum divulgata. Jacobus Hamiltonius, oppositis
" pignore agris Joanni Somervillio Camnethanio, pecuniam accepit, &-C." To him
succeeded

Sir James, his son and heir, the fourth of the family of Camnethan, who married,
nnno 1561, Margaret, eldest daughter, and one of the two heirs-portioners of
Archibald Hamilton of Raploch, and by her had Sir John, his heir, and two daugh-
ters ; Margaret, first married to Gilbert Lord Somerville, and had issue, who are
all extinct; and next to Sir James Muirhead of Lauchop, and had issue; and Mary,
married to Cleland of that Ilk, and had issue. To Sir James succeeded his only
son

JoTtN, the fifth Laird of Camnethan; he married, anno 1597, Mary Hamilton,
daughter of Sir James Hamilton of Evandale, and by her had three sons, John,
James, and Patrick, and a daughter, Mary, who made a clandestine marriage with
Mathew Stewart of Muirhouse, brother to the Laird of Minto.

Sir John, the eldest son, married Hamilton, daughter of Sir Robert

Hamilton of Silvertonhill, and by her he had only one daughter, married toSir James
Kincaid of that Ilk. This gentleman. Sir John Somerville, was designed of
Kersewell; for, dying before his father, he never came to be Laird of Camnethan.
But

Sir James, second son to Sir John the fifth Laird, succeeded to his father and
elder brother, and was served and retoured heir to them, anno 1620, and anno 1623
married Helen Hamilton, daughter of Sir John Hamilton of Bargeny, and sister to
the first Lord of that title, by whom he had two sons. Sir John and James. This
gentleman had entertained the Marquis of Montrose, his kinsman, for three or four
nights at his house at Camnethan, as he went through Clydesdale to Fhiliphaugh,
his little army being quartered in the country thereabout, for which he was fined
in L.io,ooo Scots by the Council of State. He was a most profuse and extravagant
man; for, in his own Hfetime, he sold off his whole estate (which was the most con-
siderable belonging to any gentleman in the shire of Lanark) in fifteen or sixteen
different parcels, some to be holden of the crown, and others of himself, and thus
brought his family to ruin ; Sir John, his eldest son, having no posterity,

James, the younger, became the representative of the family, who married Isa-
bella Drummond, only child of Alexander Drummond of Kettleston (a cadet of
Drummond of Carnock) by Helen Fairly, daughter of Sir Robert Fairly of Braid;
by whom he had two sons, William Somerville of Corhouse, and Hugh Somerville
of Inverteil, Writer to the Signet.

3

APPENDIX. C79

William, the eldest, married Violet Baillie, daughter and heires'5 of John Bail-
lie of St John's Kirk, by Martha Lindsay, eldest daugliterof Su- William Lindsay of
Covington, by whom he had James Sotnerville of Corhouse, and George, both un-
married, and s.-veial daughters, of whom Isabella is married to Wilham Inglis of
Eastshiel, DoLtor r'.' Medicine.

Hugh, the s cond son, married Agnes Gibson, daughter of Sir Alexander Gib-
son of Pentlund. one of the Principal Clerks of Session, by whom he has two
daughters, Helen, married to Mr James Geddes. yoimger of Rachan, Advocate,
and Isabella, married to Mr Hugh Dalrymple, Advocate, second son of Sir David
Dalrymple of Hailes, Rart Advocate to Queen Aone and King George I. who is
now designed Mr Hugh Murmy Kynninmond of Melgum and Kynninmond.
and has issue.

SCOTT OF HORSLIHILL.

CAPTAIN ROBERT SCOTT of Horslihill, or, on a bend azure, a star be-
twixt two crescents of the first ; and, for ditference, a sword in pale, proper, in
the dexter chief ; crest, a lion's head erased, proper : motto, Pro patria.

The fiist of this family was Adam Scott of Tushilaw, descerided of Scott of
Houpayslay. a brother of Buccleugh. Adam was succeeded by bis son, Robert
Scott of Tushilaw; his son was Walter Scott of Midhope; his second son, Robert
Scott, portioner in Hawick, who was father to William Scott of Horslihill. He
was succeeded by his son Robert ; and he, by his son Francis, who was father to
the present Captain Robert Scott of Horslihill.

SCOTT OF SCOTSTARVET.

THE family of Buccleugh, of which the Scotts of Scotstarvet are descended,
was originally seated in the west; their ancient estate was Murdiston in the
county of Lanark, which they possessed, at least as early as the reign of King
Alexander II. (■/). Walter le Scott de Miirthockston was one of the gentlemen of
Clydesdale who went into that submission that was by fraud and force imposed on
the nation, by Edward I. of England, upon pretence of his being Supreme Lord
over the kingdom of Scotland, in the 1297 ; as is vouched from Prynne's History
in that record commonly called The Ragman-Roll. The estate of Murdiston
continued with the Scotts till the reign of King James II. that Walter Scott of
Murdiston did exchange those lands with Thomas Inglis of Manor, for his part
of the lands of Branksholm, the lands of Branshaugh, Goldilands, Whitelaw, White-
rig, Todshaw, and Todholes : The charter of excambion is still extant in the cus-
tody of Alexander Inglis of Murdiston, which Mr Nisbet says, in his Treatise of
Heraldry, he had seen (6); it bears date at Edinburgh, the 23d of July 1446.
Sir David Scott of Buccleugh, his son, made a very great figure in the time of
King James HI. both in peace and war : By his lady, who was a daughter of the

(a) Historical narrative of tlie family of Buccleugh, MSS. in my hands, vouched from the chsrtularv.
charters, and other documents of antiquities, {b) Page 83 and 86.

oS'o APPENDIX.

Somerville family (r), he had several sons; Sir Waher, the eldest, (from whom a
lineal descent in the house of Buccleugh is continued), Sir Alexander Scott, who
was Rector of Wigton, and Lord Register in the reign of King James ill. from
the 1483 till the 1488, that he lost his life, with the king his master, at the un-
happy field of Bannockburn C^J-

A third son was Robert, of whom the Scotts of AUanhaugh, Haining, and Scot-
starvet, descended ; to vouch which there is a charter granted by the foresaid Sir
David Scott of Buccleugh, rfi/ff/s^'w siio R'jherto Scott, of the lands of Whiteches-
ter, &c. in the year 1483 {e) ; I see it observed by a gentleman of the surname of
Scott, in an Essay on the family of the Scotts, published in the 1688 (/), that
this Robert Scott was the only younger son of the family of Buccleugh of whom
any lawful male issue remained ; and consequently his descendants, now after
the failure of heirs-male in the duect line, are the heirs-male of that illustrious
family. One of his sons was Sir Alexander Scott, who is designed of Hassen-
den {g) ; he was slain with King James IV. at the battle of Flodden [b) ; he had
also the lands of Haining, at least in fee ; for it was a common thing in those days
for the father and the eldest son to have different titles and designations, more
especially in the father's lifetime, as might be the case here. A younger son of
this Sir Alexander Scott's, Wilham Scott, was designed of Deloraine, from a patri-
monial estate he had of his own (.') in the south in Teviotdale ; his son, Sir Alex-
ander Scott, was bred to the law, and being eminent in practice, and a man of
candour, diligence, and assiduity, was made Vice-Register of Scotland in the
1534 {k). He had a brother, Mr James Scott, who was bred to the church, and
after taking holy orders was preferred to the provostry of Corstorphine, a benefice
both of considerable dignity and revenue. While Mr Scott provost of Corstor-
phine, he built a house or manse for himself and his successors in office, near to
tills collegiate church, on which he placed his coat of arms, the star and crescents
on the bend, as borne by the House of Buccleugh, which is still to be seen ; and
this is a further confirmation of his descent from the Scotts of Buccleugh, for
the heralds lay it down as a maxim that the same armorial bearing is the most
sure evidence of the same descent.

Mr Scott, being a man of learning and integrity, got into the confidence and
favour of King James V. who made him Clerk to the Treasury ( /) ; and, from a
regard to the memory and merit of the old Register, Sir Alexander Scott, to whom
the provost of Corstorphine is called Comanguineus (m), his majesty was pleased to
prefer him to be one of the Senators of the College of Justice, on the spiritual side
of the bench (tz), where he sat and discharged his office with learning and inte-
grity till his death in the 1563 (0). The provost of Corstorphine took care to
breed a nephew of his own, Mr Robert Scott, afterwards of Kmghtspotty, (nepos
suus exfratre) as my voucher calls him (/)), to the law, in which he soon became so
eminent a practitioner, and acquired such a character for integrity, that he was
made one of the two Principal Clerks of the Session (9). In that station he be-
haved with such an universal reputation, that, upon the demise of Mr James
M'Gill of Nether-Rankeillor, the Lord Register, it was thought that no body
could fill that place better, or deserved it more ; and it was at that time beheved,
that the First Clerk of the Session had a right to supply the vacancy when a Re-
gister died ; so the thing was resolved on : but when is was proposed to Mr Scott
liimself, by a singular modesty he absolutely declined the offer [r). Mr Hay, the

(a) Manuscript before cited of the noble and illustrious family of Buccleugh. . {d} Lives and charac-
ters of the Lord Registers, in the Second Volume of the Officers of State in Scotland, MSS. in my hand,
(f) In the hands of his Grace the Duke of Buccleugh. (/) Captain Walter Scott, printed in the year
1688. (f) Ibidem. (A) Dr Abercromby's Martial Achievements of the Scots nation. (/) Captain
Walter Scott's Genealogical and Historical Essay on the surname and family of the Scotts, published in
the 1 688, quarto, which is in several hands, particularly in the library of the family of Panmure.
(k) Original writs in the custody of David Scott of Scotstarvct. (/) Writ under the Great Seal, in the
custody of Mr Scott of Scotstarvet. (m) The fore-cited writ. («) Memoirs of the College of Justice,
prefixed to Mr Forbes's Decisions, and the fore-cited diploma in the custody of Scotstarvet, under the
Great Seal, {o) Ibidem, (p) The deed under the Great Seal, in Scotstarvet's custody, so often cited
in this memorial, (y) Sir John Scott's Account of the Directors of the Chancery, MSS. (r) Sir John
Scott of Scotstarvet, in his Staggering State of the Scots Statesmen, en the Directors of the Chancery,
MSS. in. the custody of David Scott of Scotstarvet, his great-grandson, and in several other hands.

APPENDIX. i^i

Clerk of the Council and Diiectov of the Chancery, was not so scrupulnus, for he
accepted of the Register's place very cheerfully, and the other was prevailed on
to be Director of the Chancery. His gift to the office, under the Great Seal, is in
the registers (r), bearing date the 17th of October 1579. He discharged the duty
of his olTice \vit!i greater diligence and exactness than had been practised by his
predecessors ; for whereas it had been the custom to leave the collecting of all
writs to the clerks, the Director only signing in course, he read over every tiling him-
self before he attested it ; and in that his grandson, Sir John Scott, when he came to
be Director of the Chancery, followed his example : By his place ho became ex-
ceeding rich, and at his death had more money on land security than any other
man at that time, so far as I have been able to discover.

He married first Elizabeth Sandilands of the House of Galder(/),by whom he had
a sun, Mr Robert Scott, liis apparent heir, who died in the lifetime of his father.
He married afterwards Elizabeth Scott, who survived him, and was long his re-
lict («) ; by her he had a son, Mr James Scott of Vogrie (v), who Was one of the
writers or clerks in the Chancery, and of w horn several persons of distinction are
descended. The Director, Mr Scott, growing old, with the consent and approbation of
the King's Majesty, resigned his office in favour of his eldest son, Mr Robert Scott,
who thereupon was confirmed in it, by a gift under the Great Seal the 5th of
March 1585 (iv), during life, //o omnibus diebus vitissua, with a power of deputa-
tion. But the old man wisely apprehending that his son might happen to die
before himself, got it so ordered that he should in that case return to the office ;
the thing fell out so ; the young Director died in his father's lifetime, the 23d of
November 1588 (.v). He left behind him an only son, John Scott, by Margaret
his wife, daughter of Alexander Acheson of Gosford ( y), in the county of Had-
dington, ancestor to Sir Arthur Acheson of Markethill, Baronet of Scotland,
who has an opulent estate in the county of Armagh in Ireland : His great-grand-
father. Sir Archibald Atcheson of Glencairn, was one of the Senators of the Col-
lege of Justice, and one of the principal Secretaries of State in the reign of King
Charles I. and died in those offices in the year 1634 (z). Upon the death of Mr
Scott, the young Director of the Chancery, his father, the old man, was restored to
his office: but worn out with grief and old age, he found himself unable to under-
go the fatigue of it; and therefore resigned in favour of a gentleman of his own
name, Sir William Scott of Ardross, his lady's son by a former husband ; but he
took an obligation of Sir William, to resign in favour of his grandson, John Scott,
afterwards Sir John Scott of Scotstarvet, whenever he came to be of age {a). He
died on the 28th of March 1592 (5), and was succeeded in his estate by his grand-
son and heir, John Scott of Knightspotty, not then full seven years old. During
the minority, Sir William's obligation was lost, by which means it cost Sir John
afterwards some trouble and expence before he could have right done him.

This great man. Sir Johk Scott of Scotstarvet, proved an honour to his family
and country. He was born in the year 1586, and as, from his very childhood, he
discovered a more than ordinary genius for letters, his friends, who had the care of
his education, gave him the best his country could afford. He went through a
course of philosophical studies at St Andrews, and took his degree of Master of
Arts. After that, though he was heir of a great estate, and the only son of his fa-
ther, he went into a close course of study, not only of the civil and canon law,

(j) In the archives at Edinburgh. (t) Registers of the Heralds' Officers at Edinburgh, in the
hands of !\Ir Roderick Chalmers. (u) Charters and infeftments, both in Scotstarvet's hands and
in the Chancery, ivhere her liferent is reserved, (v') Charta penes Scotstarvet, and Nisbet's Heraldry,
where he has inserted the arms of this branch of the family as a younger son of the Scotts of Knight-
spotty, which was the first Director's stile and title. {w) Charta penes David Scott de Scotstarvet.
(x) Retour, in the archives of the family of Scotstarvet, of John Scott to Mr Robert Scott, his father,
in the lands of Knightspotty, in the shire of Perth, and regality of Abernethy. {y) The Heralds'
Books at Edinburgh. (2) Sir James Balfour of Kinnaird's Annals, in the Advocates' Library at
Edinburgh. MSS. (a) Sir John Scott of Scotstarvet's own account of the matter in MSS. in his State of
the Scots Statesmen. (J>) Charta penes David Scott de Scotstarvet, ad annum 1592.

Vol. n. 7 I

2 82 APPENDIX.

but also of the municipal law of the kingdom. This led him to look far into our
history and records, by vhich he came to understand our wliole constitution as fully,
if not moie so than any man of his tmie. He quickly attamtd a great reputation for
learning, and was, through his whole life, a man of strict and exemplary virtue,
equalled by few, and excelled by none of his contemporaries m any of those qua-
lities that enter into the composition of a great and good character. He was a
bountiful patron to men of learnmg, and they came to him from all quarters ; so
that his house was a kind of college. Such a character could not long be concealed,
the fame of it reached the Court, and induced the government to employ him as a
man that would add strength and lustre to the administration. His title to the Di-
rector's place being well known, Sir William Scott was wrought upon to resign in
his favour; thus he came to be possessed of that office his father and grandfather had
so long enjoyed. With all the passion he had for learning, he was not inattentive
to the interests of his family, but managed them always with the greatest regard,
both to justice and humanity. When a gentleman of his relation, Inglis of Tar-
vet, was by the necessity of his affairs obliged to sell his estate, Sir John bought
it, but he would not leave him without house or home ; and therefore very ge-
nerously gave him, for a consideration far below the value, the lands of Knight-
rpotty, that he might have a place of retreat in his declining age.

Having finished this transaction, he expede a deed under the Great Seal, erect-
ing and incorporating the lands and estates of Inglis-Tarvet and Wemyss-Tarvet
into a new barony, to be in all time thereafter called the barony of Scotstarvet.
The charter of erection is of date the nth of September 1611 (c). When King
James VI. was in Scotland in the year 1617, he had the honour to be presented to
his majesty, who had much discourse with him upon some parts of our constitution,
in which he gave the king great satisfaction, and showed himself well versed in
that study. It was at this time he was knighted, and the king ordered him im-
mediately to be added to the Privy Council; in which station he continued till the
end ot that reign. King Charles I. upon his accession, was graciously pleased to
renew his commission as Director of the Chancery, which, the narrative bears, his
royal father had before given him for life {d). He was soon after named one of his
Majesty's Privy Council ; and, in consideration of the great and faithful services
done to the crown by his father, grandfather, and others of his predecessors, for
many years past, in the office of Directors of the Chancery, as the narrative bears,
his Majesty gave the directorship again to Sir John himself, and to James Scott,
his son, for their joint hves, by a commission under the Great Seal, dated at White-
hall the 5th of April 1628 (e). I have not been able to learn the precise time of
Sir John's promotion to be one of the Senators of the College of Justice; nor whe-
ther it was before the troubles began, though I have reason, I think, to believe it
was : But it is a thing much for his honour, that when the Session was new model-
led by the king, with consent of Parliament in the 1641, he was one of the judges
who were then continued in their offices, which they were to hold r/rf vita?n aut cul-
pam (f). He discharged the duties of that station with gravity, learning, and
great ability, till the year 1651, that Cromwell dissolved the courts of justice, and
overturned the whole constitution : upon this Sir John not only lost his place in
rhe Session, but was also turned out of the Chancery on pretence that the office
depended on the College of Justice (^) : but this was a mere pretence. Deprived
thus illegally of all his offices, in which he had served his country with universal
approbation, he was more at leisure to employ himself in the advancement of
learning, and the doing honour to his country in that way. He made a collection
of all the Latin poems that had been lately composed by his countrymen, which,
at his own expence, he caused publish at Amsterdam in anno 1632, in two decimo-
sexto volumes, on a fine type, under the title of, BelicicK Poetarum Scotorum hujus
avi illustriuin. The learned Dr Arthur Johnston dedicates them to Sir John thus :

(f) Charter under the Great Seal in the archives of the family of Scotstarvet. (</) Charta penes Scot-
starvet, dated the 6th of May 1625. U) Charta penes Scotstarvet ; in the gift the king designs Sir John,
Prffidilectus Consiliaiius noster. (f) Rescinded acts of Parliament, {g) Sir John Scott says this him-
self in the account he gives of the Directors of the Chancery, in the State of the Scots Statesmen, from
the 1550 till the 1650.

APPENDIX. iijj,

Slobili niusarum Maecenuti, Domino Joaiini Scoto Scototarvntio, EquUi, Dircctori Can-
cel'ai .' r, at Regio apud Scotos Consiliario. The printing the Scots Poems was not
the only service Sa- John did his country in the way of learning, tor that general
body ot" the Geogiaphy of Scotland, the Theatrum Scotiie in Bleuu's Atlas, may
not improperly be called his work. He projected this great undertaking, and it
A as carried on ;K his expence (.-?). He encouraged tlie ingenious and industrious
Timothy Pont in his Survey of the whole Kingdom, took draughts himself upon
the spot, and added such observations on the Monuments of Antiquity, and other
curiosities, as were proper to render the descriptions more complete and useful :
But Mr Pont was unhappily surprised by death, to the inexpressible loss of his
country, when he had well nigh finished this work. His valuable collections fal-
ling into the hands of his relations, run a great risque of being lost, if they had not
been seasonably inquired after by his patron, Sir John, who happily recovered and
got possession of them.

And that so useful a design might not be defeated by this accident, he put Mr
Pont's papers into the liands of the learned Robert Gordon of Straloch, who, to-
gether with Mr James Gordon, his son, surveyed other parts of the kingdom that
either had been neglected by Mr Pont, or of which the draughts v/ere lost. Thus
were those gentlemen furnished with materials for the admirable descriptions,
which are no\V printed, with the forty-six maps of that noble work. Many, if not
all the illustrations, especially those that relate to families, were, to my certain
knowledge, given by Sir John, who was not only the projector, as we have obser-
ved, of this Atlas, but had himself a great share in the work, and was solely at
the charge of the publication ; which that it might be done with the greater ex-
actness, he went over to Holland, and staid some time at Amsterdam (6) : Both
Sir John and his friend, indeed, were ill used by the publisher, who, in the edition
1655, preilxed a dedication to Oliver Cromwell, instead of one to King Charles II.
that Sir John had prepared, though the king was then in exile (c) ; and Bleau,
the printer, prefaced the whole, with Buchanan's Dialogue, De jure Regni apud
Scotos. This was hard on men of their loyal principles ; for his, Sir John had suf-
fered ; Cromwell, not content to strip him of all his employments, had laid a fine
upon him of L.1000 Sterling, when he gave what he called his Act of Grace ; which
fine Sir John paid in the year 1654.

During the Usurpation he lived m retreat, with that caution that became a wise
man in such perilous times. His studies, his correspondence with learned men,
both at home and abroad, and conversation with such of them as he had opportu-
nity to see, were the agreeable employments of his retirement : and there are still
preserved in the Advocates' Library marks of those correspondencies in a collec-
tion of his letters in Latin, that show a distinguishing taste. His intimate friends
were chiefly, that fine gentleman Sir Robert Kerr, afterwards Earl of Ancrum, the
polite historiographer Mr Drummond of Hawthornden, his own brother-in-law, the
two Johnstons, the great antiquary Sir James Balfour of Denmiln, Lord Lyon, his neigh-
bour in the country, and the members of tlie University of St Andrews, in which he
had had his education, in and to which he gave great marks of his beneficence. He
procured from the king an addition of L.io a-year to the masters' salaries, that were
before that time very small ; he gave himself a handsome collection of books to
the library of St Leonard's College, and prevailed with his cousin and chief, Fran-
cis Earl of Buccleugh, to give them many of the best, in all sciences, finely bound
and gilt, with his coat of arms on the cover, and tliey are still preserved there very
carefully. Observing that St Leonard's College wanted a Profession of Humanity,
he founded one, of which he reserved to himself and his heirs the sole right of pre-
sentation ; a noble monument of him, and worthy of such a man I Nor did his
bounty run only in that channel ; for, from a regard to the city of Glasgow, the
chief trading town in the west, from which country he reckoned himself to have
derived his original, as being descended of the Scotts of Murdiston, he mortified

{a) As the reverend and learned Dr William Nicolson, Bishop of Carlisle, observes in his Scots His-
torical Library, p. 17. and s:iys he was a complete mathematician, both by nature and education.
(A) This he tells us himself in his state of the Scots Statesmen, (c) Act of indemnity by Cromwell to
Scotland in 165.), printed in the Appendix to the Lives of the officers of State in Scotland-

-S4 APPENDIX.

the lands of Pickle and Pickieniill, for breeding four apprentices there. The pre-
sentation of three he reserved to hiniseli" and his heirs-male ; in default of which,
as a mark of regard to his chief, it goes to the family of Buccleugh ; the other he
gave to the magistrates and town-council (a). As Sir John outlived the Usurpa-
tion, it was reasonable to expect, that, upon the king's return, he should be restor-
■dd to his former offices ; and it is just matter of wonder that he was not.

The only account that can be given of it seems to be this, that almost every
man then lay at mercy, for what might be construed compliance with the Usurpa-
tion, by which the mmisters had great room left them for partiality and private
views ; a dangerous mistake in the government at that time. In the account he
gives of it himself, he complains of ill usage, especially that the offices taken from
him, and which he held for hfe, should have been given to the son of a man noted
for his compliance ; but he thought not lit to dispute the matter.

The rest of his days were spent at his country seat, where he lived free from all
business, but the necessary affairs of his own family, retaining his vivacity and
vigour of mind to the age of 84, at which he died in 1670.

Sir John married three wives, the first was Anne, daughter to Sir John Drum-
mond of Hawthornden, son to Sir Robert Drummond of Carnock, by Dame Anne,
his wife, daughter to Robert Lord Elphinstone ; by whom he had two sons. Sir
fames, the eldest, who was joined with himself in the Director's place, and was
knighted by King Charles I. at Newcastle in 1646 ; but died in the lifetime ot
his father anno 1650, leaving issue by the Lady Marjory Carnegie, his wife,
daughter to John Earl of Ethie, sister to David Earl of Northesk, two sons, James,
his grandfather's successor, and David who succeeded his brother in his estate (of
whom afterwards). Sir John Scott had by his first lady a second son, John Scott
of Gibleston, of whom the Scotts of that race are, descended. He had also several
daughters.

Jean, who was married to John Gordon of Buckie^ and again to Henry Elphin-
stone of Calderhall, had no issue.

, the second, to Spittal of Leuchat in Fife, but had no

issue.

Anne, the third, to Colonel Robert Cunningham, brother to William Earl of
Glencairn, who was Lord Chancellor at the Restoration, and had one daughter,
who was married to William Macilvane of Grimet, in the county of Ayr, and had
issue.

Rebecca, the fourth, was married to Mr John Ellis of Elliston, Advocate, and
had issue.

Margaret, the fifth, to John Trotter of Charterhall, and again to John Mur-
ray of Philiphaugh, and had issue.

Janet, the sixth.

The seventh died unmarried. She was a young lady of great beauty ; but
more remarkable still for the fineness of her parts : she had a great genius for
learning, which her father much encouraged. She attained to a good degree of
knowledge, both in the Latin and Greek tongues, and composed a poem in
Latin on King Charles II. when he was in Scotland, which she presented to his
majesty, and had the honour thereupon to receive from him a ring of considerable
value.

Sir John's second lady was Margaret, daughter of Sir James Melville of Halhill,
who wrote the Memoirs of the Reign of Qiieen Mary and King James VI.; by
whom he had a son, George Scott of Pitlochie, who, being a rigid presbyterian,
\v'hen that party was under restraint in the exercise of their rehgion, he, and his
lady, who was a daughter of Rigg of Ethernie, resolved to go over, with others of
their countrymen, to settle a colony in Carolina; but they both died in their
voyage in 1683 (b).

Sir John's third and last marriage was with Margaret, daughter to

Monypenny of Pitmillie, widow of Rigg of Ethernie, by whom he had

(a) The original mortification is in the hands of Mr Scott of Scotstarvet. (b) Mr Wodrow's His-
tory of the Persecutions of the Presbyterians.

APPENDIX. 285

a son, Walter Scott of Edinshead, whose daughter and heir-female is married to
Mr Charles Erskine, brother to tlie Earl of Buchan.

James succeeded his grandfiither; but he dying unmarried the estate fell to his
brother David.

This gentleman, with a happy talent for economy, had a remarkable benevolence,
of both which he gave lasting proofs; by the one he greatly improved his own fa-
mily estate, and by the other he preserved some families in his neighbourhood.
The estate came to him indeed much impaired ; Sir John had in effect diviaed it
amongst the children of his several marriages; but he, by his good husbandry,
without the help of any public employment, and with a most unblemished re-
putation, raised it higher than it ever had been before, living at the same
time agreeably, and doing kind offices to his friends : Frugality, which, in some
men, is the tyranny of a predominant passion, was, in him, a real virtue, the effect
of prudence, and of that moderation which is natural to a well ordered mind, al-
ways easy, and chearful; he needed not those amusements that arc vainly sought
from expence, nor was tempted to pursue pleasure, as the relief or cure of disquiet;
thus it increased, his fortune, without diminishing his satisfactions, and accompanied
with an hearty good-will to his neighbours, rendered him more respected by them;
and not less beloved. As his character united in it several virtues rarely found
together, it showed how much strengh and beauty they receive from such an
union ; a regular and exact economy enabled him to do those good offices, to which
his benevolence prompted him, and his prudence rendered them so highly bene-
ficial as they were; by that, they were not only well meant, but well understood,
seasonably employed, and to the best purpose. Blessed with these happy quah-
ties, he naturally, and with ease, attained what a wise man might passionately
wish for, to live with quiet and satisfaction, and leave in his family the fruit of
his labours and a fair example. He died 5th June 1718, in the 73d year of his
age.

His first marriage was with Nicolas, eldest daughter of Sir John Grierson of
Lag, by Isabel, his wife, daughter of Robert Lord Boyd, by whom he had one only
daughter, Marjory, who was married to David, the fourth Viscount of Stormont,
to whom she bore many children of both sexes; and to this marriage the nation
owes that great ornament of his profession, and of his country, the Honourable
William Murray of Lincoln's-Inn.

His second wife was a very near relation of his own, Elizabeth, the eldest daughter
of Mr John Ellis of Elliston, advocate, a great lawyer, and a fine gentleman; by
whom he had an only son, David Scott, now of Scotstarvet, who married Lucy,
daughter of Sir Robert Gordon of Gordonston, Premier Baronet of Scotland, bV
whom he has issue, two sons and two daughters: He had also two daughters,
Marjory, who was married to Peter Ogilvie, younger of Balfour, and had issue; and
Elizabeth, to Alexander, the fourth Earl of Balcarras, and is now Countess Dowa-
ger of Balcarras.

From this deduction of the pedigree of the family of Scotstarvet, it is plain that
they are descended of Robert Scott, a third son of Buccleugh, and are the only
heirs-male now remaining of any younger brother, (the two families of Allanhaugh
and Haining, likewise descended of the same Robert, being extinct) and of conse-
quence the heirs-male of that most noble family, whose arms they carry, with the
cognizance and distinction of a younger son, and are thus blazoned by Mr
Nisbet, in his Treatise of Heraldry (a), viz. Scott of Scotstarvet carries the same
arms as Buccleugh, or, on a bend azure, a star betwixt two crescents of the field,
within a bordure ingrailed gules; crest, a right hand holding an annulet, and
therein a carbuncle, proper; with the motto, lii tenebris lux.

The author has also blazoned several other armorial bearings of gentlemen of
the surname of Scott, that are branched off, and descended of the family of Scots-
tarvet: As

James Scott of Vogrie,, son of Mr Robert Scott, one of the Clerks of the Chan-

(a) Page 97.

Vol. II. 7 K

286 APPENDIX.

eery, a younger son of Scotstarvet, or, on a bend azure, a star between two cres-
cents of the field, all within a bordure parted per pale, gules and azure, the dexter
side ingrailed, and the sinister indented ; crest, a dexter hand holding a ring, pro-
per: motto, Nescit amor fines.

Mr George Scott of Gibliston, sometime Steward of Orkney, another cadet of
Scotstarvet, carries the arms of that family, quartered with azure, three boars' heads
couped or, holding in his mouth four arrows gules, feathered and headed argent:
motto, Do well, and let them say.

George Scott of Pitlochie carries the full arms of Scotstarvet, with a mullet for
difference, with the same crest and motto the family of Scotstarvet carries.

Mr James Scotf, Sheriff-Clerk of Edinburgh, descended of the family of Knight-
spotty, or, on a bend azure, a star betwixt two crescents of the first, all within a
bordure ingrailed ^w/f/, charged with eight besants; crest, an arm and hand hold-
ing a book half opened, proper: motto, Fidelitas.

Scott of Letham, a younger son of the family of Scotstarvet, carries the same
arms, with a mullet for his brotherly diff^erence(rt).

Scott of Ely and Ardross, being of the same blood and stem with the Scotts of
Scotstarvet {b~), carried or, on a bend azure, a star betwixt two crescents of the first,
within a bordure gules, charged with eight besants or. Sir William Scott of Ely
and Ardioss was one of the Senators of the College of Justice, and sometime Direc-
tor of the Chancery in the reign of King James VI. His blood is mixed with
very many of the prime nobility of Scotland ; for he had one daughter married to
the Lord Blantyre, and another who was married to Sir WiUiam Cochran of Cowden,
thereafter Lord Cochran and Earl of Dundonald, with whose family a great many
of the nobihty of Scotland are allied in marriage. By this we see the arms and
family of Scott of Ardross a very frequent branch on escutcheons at the funerals
of people of the first rank in the kingdom.

Qf the ancient family of SCOTT of Eskdale, who had his residence betwixt
White-Esk. and Black.-Esk, called Castlelour.

THE first of this family was Arthur Scott of Eskdale, who married a daughter
of Maxwell of Terreagles, thereafter Lord Herries, now Earl of Nithsdale, and was
succeeded by his son,

Robert Scott of Houpayslay, Warden of the Middle Border between Scotland
and England, who married a daughter of the Lord Somerville's ; by whom he had
issue

Sir William Scott of Houpayslay, who married a daughter of Gladstanes of
Cocklaw; by whom he had issue

Sir William Scott of Houpayslay, who married a daughter of Douglas of Cavers,
by whom he had several sons, the eldest whereof was Abbot of Melrose ; the se-
cond, who succeeded him, was David, who, by the favour of his eldest brother, the
Abbot, got the lands of Thirlestane, from which the family has ever since taken
its designation; and was succeeded by his son

Robert Scott, who married a daughter of — ■ Johnstone of that Ilk, now

Marquis of Annandale, by whom he had five sons; the first, John, who succeeded;
the second, Scott of Hundleshope ; the third, Scott of Dryhope, the fourth, Scott of
Mountbenger, the fifth, Scott of Bowhill.

John Scott of Thirlestane succeeded his father, and had many honours confer-
red upon him for his loyalty and firm adherence to King James V. more fully
noticed in the First Volume of this System, page 97. He married a daughter of

(a) Nisbet's Heraldry, p. 98. aforesaid. (^b^ Captain Walter Scott, in his Treatise of the Name of
Scott, says. That of William Scott of Deloraine are descended Scotstarvet and Ardross.

APPENDIX. 287

Scott of Allaiiliaugh, by whom he had four sons and two daughters; first, Robert,
who succeeded him ; second, Simon, culled Longspear, who was tutor of Thirle-
stane, of whom came Scott of Newburgh, from w-hom are descended the Scotts of
Ranaldburn; third, Antirew, who died without issue; the fourth, Adam, of whom
are descended the Scotts of Gilmerscleugh ; the eldest daughter, Margaret, was
married to Johnstone of that Ilk; the youngest daughter, Jean, was married to
Johnstone of Wampliray.

Robert Scott of Thirlestane was Warden-Depute of the West-Borders, and
married Lady Margaret Scott, sister to the Lord Buccleugh, by wliom he had
three sons; the first. Sir Robert, his heir; tiie second, William, of whom are de-
scended the Scotts of Merrylaw ; the third, Walter, who was killed by John
Scott of Tushilaw, in a duel at Deucharswyre, leaving issue two sons, Simon, the
eldest, and Patrick of Tanlawhill, great-grandfather to the present Francis Lord
Napier.

Sir Robert Scott of Thirlestane, his eldest son, who married a daughter of
Cranston of that Ilk, by whom he had issue Sir Robert Scott of Cruxton, who
married Lady Mary Lion, daughter to the Earl of Strathmore, but died without
issue. Secondly, Sir Robert married Dame Katharine Jardine, daughter to Sir
Alexander Jardine of Applegirth, by whom he had issue Sir John Scott of Thirle-
stane, and several daughters.

Sir John Scott of Thirlestane married Dame Euphame Young, relict to Sir Da-
vid Ogilvie of Clova, by whom he had issue, Francis and Katharine;

And, in the year 1641, intrusted Patrick Scott of Tanlawhill, his cousin, for-
merly mentioned, with the whole management of his estate and affairs, in order to
join the noble Marquis of Montrose in his unfortunate wars; and being under
cloud till the 1660, by which time he being infirm, and unable to go about his
affairs, and dying in the 1666, left his son, Francis, in infancy, and but a small part
of his estate in possession.

Francis married a daughter of Robert Douglas of Auchintully, by whom he had
issue six sons, viz. first, John, second, Robert, third, William, fourth, Francis, fifth,
James, sixth, David, and two daughters, Anne and Mary.

John, the eldest son of the said Francis Scott, died unmarried, and was succeed-
ed by Robert, his second brother, who is now called Davington, who is heir-male
and of line to the foresaid ancient family of Scott of Houpayslay and Thirlestane,
and,, as such, with the assistance of his other brothers, is presently insisting for the
said estate, which was carried off" from the family, by a deed of trust granted to
the said Patrick Scott of Tanlawhill, which is now under reduction before the
Lords of Session.

The ancient armorial bearing of this family, described upon a very old plate of lead,
still extant in their possession, is, on a bend, a mullet betwixt two crescents, be-
twixt a bow full bent, discharging an arrow in chief, and a hunting-horn, garnish-
ed and stringed in base; which last figures have probably been added on account
of some brave actions performed by the family.

This appears to have been the ancient bearing of this family, till his Majesty
King James V. for the good services performed to him by the above-mentioned
John Scott of Thirlestane at Soutra-edge, granted to him a bordure of flower-de-
luces about his coat of arms, sicklike as on his royal banner, and a bundle of
lances above his helmet ; with this motto. Ready, ay ready, as described in the
First Volume of this System, page 96. And these arms have ever since been car-
ried by the flimily, with supporters, Stc. as there blazoned.

APPENDIX.

The families of CUNNINGHAM of Polmaise and Drumquhassell, now
REPRESENTED BY WILLIAM CUNNINGHAM of Bandalloch.

THE original of the surname of Cunningham, and of the family of Kilmaurs,
or Glencairn, the chief family of the name, having been fully treated of in the
First Volume of this System, page 193, and the 40th, and following pages of this
Appendix, without resuming any thing of what is there said, we shall directly
proceed to the branch of that noble family we are now to treat of.

The families of Polmaise and Drumquhassell are lineally descended from Sir
Robert de Ciininghame, Lord of Kilmaurs, the tenth in the course of succession of that
noble family, who was cotemporary with King Robert Bruce, and a strenuous
asserter of his right; and, in consideration of his services, in aiino 1319, he got a
charter from that prince of the lands of Lambrughton in the shire of Ayr (a). He
left behind him two sons. Sir William, who succeeded him in his honours and
estate, and Sir Andrew Cunningham.

I. This Sir Andrew Cunningham of Polmaise and Auchinbowie was cotempo-
rary with King David II. and shared in the favours of that prince, from whom he
got a grant of the lands of Pitkelendy, &c. and was founder of the foresaid fami-
lies of Polmaise and Drumquhassell, in the shire of Stirling (^).

II. Alexander Cunningham of Drumquhassell married Home, daugh-
ter of John Home of Ersilton and Cowdenknows, ancestor to the present Earl of
Home, by whom he had a son, Andrew.

III. Andrew Cunningham of Drumquhassell married a daughter of Sir Walter
Stewart of Morphy, sister to Alexander Lord Evandale, ancestor to the Lords of
Ochiltree, now extinct, and to the present Earl of Murray, by whom he had issue
Alexander, his heir, and a daughter, Egidia, or Giles, married to Thomas Buchanan
of Gartincaber, brother-german to Walter Buchanan of that Ilk.

IV. Alexander Cunningham of Drumquhassell married Margaret, one of the
three daughters and co-heirs of William Park of that Ilk, an ancient family in the
shire of Renfrew, by Margaret his wife, daughter and heir of Sir Walter Stewart
of Arthurly (c) ; by which marriage he very much enlarged his estate ; for, besides
that share of it w^hich fell to him in right of his wife, by transacting with her
sisters and their husbands, he became proprietor of all, or far the greatest part of
the estate of Park {d), and by the lady he had issue,

V. Andrew who succeeded him in his estate, which at the time having become
very opulent, procured him a noble alliance by his marriage with Mary, daughter
to Robert Lord Erskine, ancestor to the present Earl of Marr fej, and Elizabeth
his wtfe, daughter of Sir George Campbell of Loudon, by whom he had issue,
John, his successor, and Janet, married to Walter Buchanan of Drumakill, ances-
tor of Mr William Buchanan late of Craigievairn, from whom several families of
that name are descended.

VI. John Cunningham of Drumquhassell appeared early in the interest of the
Reformation, and of those who espoused the interest of King James VI. in his
minority, in opposition to his mother CKieen Mary, which ingratiated liim so far
with the Earl of Lennox, when Regent, that he did nothing of importance without
his advice ; and this confidence reposed in him by the regent procured him to be
called his Right hand, and advanced him to the honour of being Master of tlie
Household to the young king when at Stirling, under the regency of the Earl of
Marr : But, upon the king's assuming the government in his own hands, being
offended at the conduct of the Earl of Arran his favourite, he joined those who at-

(fl) Charta in Rotulis Robert I. Appendix, p. 40. (.b) Rotula Britanuis. (c) This is instructed by
several writings in Bandalloch's custody, relating to the Parks of that Ilk. (</) Charter Elizabeth Park
and her husband to Dtumqahassell, of her part of the lands of Park, and procuratory of resignation by
Margaret Park, for resigning her part of the said lands in favour of Drumquhassell. (f) Charter in the
legister of the Privy Seal, in the year 1549.

APPENDIX. 1.^

tempted tUc Raid at Ruthven, in the 15S2 (/), with design to seize the king's
person, and procure the return of the banished lords; and upon trial, being con-
victed, he and Malcolm Doa^las of Mains, hi& son-in-law, suffered death on that
account, at the market-cross of Edinburgh, in the year 1584 {g). He married
Janet, eldest daughter, and one of the co-heirs of James Cunningham of Polmaise,
from which family he was descended, and by that marriage bLcame the repre-
sentative of, as he was before the heir-male, and had issue, John, who succeeded
liim, and Robert Cunningham of Trimbeg, ancestor to Bandalloch, and two
daughters, Janet, married to Malcolm Douglas of Mains, of whom descended the
Douglasses of Blackerston in the Merse, and Sir Robert Douglas of Spot, created
Viscount of Belhaven 1633, who has a stately monument of marble erected over
him in the abbey-church of Holyroodhouse. Mary, the second daughter, was mar-
ried to Peter Napier of Kilmahcw, of whom several ikmilies in Dumbartonshire are
descended.

VII. John Cunningham of Drumquhassell was reponed against his father's for-
feiture, and restored to his estate upon the general act of mdemnity 1585. He
married Margaret Elphinstone, daughter of Robert Loixi Elphinstone, and sister
to Alexander Lord Elphinstone, Lord High Treasurer of Scotland, in the reign of
King James VI. and James Lord Balmerino, Secretary of State, and President of
the Session in the same reign, by whom he had John, his heir, and Mr James
Cunningham, writer to the signet, who was writer to King Charles II., a Latin poet
•and antiquary, the verses prefixed to our acts of Parliament were compos-
ed by him, and author of the inscription upon Macduff's cross in the shire of
Fife.

John Cunningham of Drumquhassell died without any surviving heirs, and -the
lieirs of Mr James Cunningham, his uncle, being also extinct, the representation of
the family devolved upon the heir-male, descended of Robert Cunningham of
Trimbeg before mentioned.

Which Robert Cunningham of Trimbeg purchased these lands from Sir John
Haldane of Gleneagles in the year 1616 {h), and married Elspeth, daughter
of William Buchanan of Portnellan and Ross (/), by whom he had John, his eldest
son, and William.

John Cunningh.\m of Trimbeg was served heir to his father before the Sheriff
of StirUng, 31st July 1630; but dying without issue, was succeeded by his bro-
ther (k),

William, who was served heir to him in the 1644. He married Alice, daughter
of John Buchanan of Arnprior, heir of line of the family of Buchanan, by whom
he had

John Cunningham, Writer to the Signet, who was a gentleman of great know-
ledge and capacity in his business, which he prosecuted with success. He acquired
the estate of Bandalloch, and married Jean, daughter of William. Weir, descended
of the ancient family of Weir of Blackwood in Lanarkshire, by whom he had
William, his successor, now of Bandalloch ; John Cunningham, writer to the
signet, who purchased the lands of Balbugy in Fife ; Robert Cunningham, mer-
chant in Edinburgh, who purchased the lands of Banton ; George Cunningham,
surgeon in Edinburgh, sometime Deacon of that Incorporation, and Conveener of
the Trades in Edinburgh ; James Cunningham, merchant in Amsterdam ; and
David, now of Seabegs, Major in Stirling Castle.

William Cunningham, now of Bandalloch, married Martha, daughter of Sir
George Suttie of Balgone, baronet, in the shire of Haddington, by whom he has
George his only son, apparent heir, now in life.

William Cunningham of Bandalloch, for his achievement and ensign-armorial,
bears argent, a shake-fork sable, betwixt three roses .^///cj-, above the shield his
helmet befitting his degree ; for his crest, issuing out of the torse of wreath of his

(/") Melville's Memoirs: (^) Bishop Spottiswood's History. (A Charter !n Eandalloch's custody..
(!) Ibidem, (i) Rewjr, ibid.

Vol. II. 7 L

it;o APPENDIX.

colours, a trunk of an oak tree, with a sprig vert : The motto, on an escrol above,
Tande?/t.

Addition to the Memorial of tbe fa??ii!y of Dvntkeath, in this appendix,
page 155.

The family ever still, and at all times since the Reformation, zealous for the
Protestant religion, and the presbyterian discipline and government in the church.
In the minority of King James VI. Sir James Edmonstone of Duntreath was a
zealous man of the party of the lords who seized the young king at Ruthven in
T582, and who removed those they called evil counsellors from the throne, who
were raising the prerogative of the crown higher than the legal constitution could
bear, and bringing in bishops into the church, an office they declared strongly
against, as inconsistent with the purity of reformation, and the parity among the
clergy they had reformed upon.

Archibald Edmonstone of Duntreath, because of his known principles, being
a zealous presbyterian, was chosen Commissioner to the Parliament 1633, for the
shire of StirHng, wherein he opposed with great zeal the act anent the prerogative,
the king's appointing the apparel of churchmen, as that which might introduce
into the church every thing according to the English pattern ; a model and uni-
formity in divine worship, King Charles I. had his heart so much set to be the
same in all his dominions. The king was so zealous to have the act earned, that
he marked with his own pen those who voted for or against the act.

Archibald Edmonstone, the last Duntreath, was also of his father's principles
as a presbyterian, and for the liberty of his country, which, generally speaking,
go together. He was a great and a constant supporter and countenancer of those
of the presbyterian clergy, who came over to the north of Ireland, after the set-
ting up of episcopacy in the 1661, that they were turned out of their churches,
for not submitting to the new bishops, and receiving institution and collation from
them, who, for twenty years before, had been preaching against the unlawfulness
of episcopacy, or any superiority in the office-bearers in the church, whom the
other party could not look on, otherwise than as time-servers, and men of no prin-
ciples. Under all the discouragements and hardships the presbyterians were ex-
posed to, the Laird of Duntreath stuck firm to his party, though, as a prudent wise
man, he took care to live with that caution and circumspection, that no advantage,
nor handle, could be taken against him : But, for all that, his known principles were
crime enough with those who had the chief direction of aftairs in Scotland, and
they wanted but the slightest occasion to harass and persecute him, so as they
could found a prosecution upon, and bring him on the stage as a confessor, for ad-
hering to his principles as a presbyterian. For a long while all their arts failed ;
and though they had their httle mercenary tools at work, to see if they could
prove that he had been at conventicles, as preaching by the presbyterian outed
ministers in the field was termed, or that any had been held on his estate, or on
his ground : But all failed, till a meeting of that kind was, without his knowledge,
held in an old gallery at his house of Duntreath. He could not think on disper-
sing them, or informing those, whose work it was to scatter those meetings, which
came, in the eye of the law, to be called rendevouzes of rebellion ; so now they
thought they had matter enough against him, if not to take away his fife, yet to
fine him deeply, which was what his enemies had always mostly in view. The
great trouble and the vexatious prosecution this worthy gentleman met with upon
this incident, of no great consequence in itself, one would think, cannot be so well
expressed, or more copiously set forth, than in a relation of it transmitted to me by
Archibald Edmonstone of Duntreath, the gentleman's own son, and the heir of
2.

APPENDIX. 291

[he family at this time. So without altering any thing in the stile, or adding to or
diminishing from it, the relation here follows.

That, in the year 1677, '^^e late Archibald Edmonstone of Duntioath, being
then at Duntreath on his private affairs, the minister, called Mr Fonester, former-
ly in the parish of Killearn, came to Duntreath, without Duntreath's knowledge,
and had a private lecture in the gallery there, probably by the invitation of some
private Christians, which, when Duntreath heard of, he thought it no great crime
to be a hearer ; on this egregious fault, only esteemed so by the prevaihng party
of the time, he was informed against by one Craig of Ledrogrean, to my Lord
Ross, who then commanded a troop of dragoons : On this the said troop was sent
to apprehend Duntreath, not suspecting any such treatment, and, apprehending
him, took him straight to Glasgow, where he lay a night in the court of guard,
ufterwai-ds three nights in the tolbooth, and gave in his bond of a L. loco Ster-
ling to General Dalyell, to appear at Edinbugh a month after that; which accord-
ingly he did, and continued six months in the tolbooth, in which time he was call-
ed three times before the council, but was not allowed any advocate or lawyer to
.ippear or plead for him ; only Sir George Lockhart came into the tolbooth and ad-
vised Duntreath what to say before the council, who put some questions to him,
relating to the king's lawful title to the crown, and the Archbishop of St Andrews'
murder ; his answers were pretty general, and desired to be excused on that sub-
ject, seeing he did not think himself obliged to declare in his private capacity : Then
tliey asked him about the lecture in Duntreatli's house for which he was appre-
hended, how he came to be present at it ; his answer was, that meeting was with-
out his knowledge or invitation ; in short, they could lay so little to his charge,
that they could not be so cruel as to take his life, but fined him in L. 500 Sterling,
the one-hah' to the informer, and the other half to the crown. This, though a
brief account of that tragical affair, yet, as it is really matter of fact, so deserves
some room in the particular history of the late Duntreath, and genealogy ot the
family. There is fmther to be added of the same gentleman, that when he was not
longat rest from the troubles above mentioned, thelrish rebellion broke out in Ireland
in the year 16S8, Duntreath appeared very early to show his zeal f)r the Protestant
interests and liberties of the people ; he first raised an independent company of his
tenants and neighbours, and, as far as was in his power, defended the country
from the insults of the Irish, particularly those that were in garrison in Carrickfer-
gus ; he was afterwards commanded by General Gustavus Hamilton to march his
company towards Coleraine, where he met with a regiment formerly raised by Sir
Robert Adair, (who went to Scotland after raising said regiment) on which va-
cancy Duntreath got the command of that regiment; he continued some time in
garrison in Coleraine, and he and his men were among the first who fired at the Irish
that were near the town : On that the Irish retreated ; after that he was command-
ed to cut the wooden bridge of Portglenoon, and cast up a trench to prevent the
Irish coming down the Bann water. In the defending of that trench to the knees
in water, in a rainy season, he contracted a most violent cold, v.'hich was after-
wards the occasion of his death. He was commanded to march his regiment to
Derry, that was besieged by the Irish ; but they being so scarce of provisions,
could not admit of his men, and he could not leave them ; on which he marched
four miles below Derry, to a fort called Culmore. When he died, he desired his
corps might be taken over to the ancient burial-place of his family in Strathblane-
church in Scotland, which was accordingly done.

Of the family of GARTHSHORE of that Ilk, in Dumbartonshire.

THIS family, as other ancient families in Scotland, have taken their surname
from their estate, and the lands they have long enjoyed.

292

APPENDIX.

That this family of Garthshore of that Ilk is very ancient, is well instructed .
they have, amongst the writs of the family, charters of their lands and estate of
Garthshore, as far back as the reign of King Alexander II. who came to the throne
in the year 12 14.

This family has intermarried with several of the best families in the west, such
as Houston of that Ilk, Muirhead of Lauchop, &.c. and did enjoy their ancient
estate of Garthshore from the above period, downward in a hneal order of suc-
cession, to about the end of the reign of King Charles I. when, on the death of
Captain Patrick Garthshore of that Ilk (who was reckoned a gentleman of honour
and a brave soldier) without issue, the succession devolved on his immediate
younger brother, Dr James Garthshore, Doctor of Divinity, and Parson of Car-
dross.

The Doctor, as heir of his brother, possessed the estate for some years : But, as
it was affected by a liferent to his brother's lady, and incumbered with debts con-
tracted by his brother while in the army, he, for payment of those debts, made
over the estate to his youngest brother, Alexander Garthshore, who was bred a
merchant, and whose heirs still enjoy the estate.

Doctor Garthshore, the undoubted representative of this family, died, leav-
ing three sons, Lieutenant William, Mr James, and George Garthshores.

Lieutenant William, the eldest, died leaving one son, William, who was bred a
chirurgeon, and died some years ago in the West Indies, and was never married :
So that, since his demise, the Doctor's second son,

Mr James Garthshore, Minister at Carmichael, is the undoubted representative
of this family.

The above Mr James Garthshore has one son,

James Garthshore, Writer to the Signet, who married Mrs Jean Scott, daughter
of Sir Patrick Scott of Ancrum, by whom he has one son, James. The arms or
coat-armorial of the family is argent, a saltier betwixt four holly leaves vert ;
crest, an eagle proper : motto, I renew my age.

Of the SHAWS of Hayley and Sornbeg.

THE original of the surname of Shaw is commonly attributed to one Shaw, se-
cond son to Duncan Earl of Fife, who was cup-bearer to one of our kings, Alex-
ander n. or Alexander III. as others assert, and whose descendants assumed their
surname from his proper name, and their armorial bearings from the badge of his
office. But without nicely inquiring to which of these princes the forenamed Shaw
was Cup-bearer, it is certain, that soon after the period of time condescended on,
there appeared several families of that surname in the west first, then in the north,
and afterwards in England and Ireland.

Those in the west took their first designation from their lands of Hayley, in
the shire of Ayr, which they held of the Great Stewards of Scotland ; and the first
of them we find upon record is William Shaw, who is witness to a charter granted
by Jacobus Senescallus Scotiae, to the monastery of Paisley, in the 1291 ; and the
said James, Great Steward of Scotland, likewise granted a charter, (which is still
extant in the custody of Alexander Shaw, writer in Edinburgh, second son to
Sornbeg) Willielmo dicto del Shaw, pro homagio il servitio suo, of the lands of Hay-
ley, Wardlaw, and Drumchaber, in the shire of Ayr. The date of this charter
cannot be ascertained, but it must have been before the 1309, in which year the
granter died.

The next of this family we meet with on record is John of Shaw, Lord of the
Hayley, who, in anno 1407, entered into an indenture with Sir Allan of Cathcart,

APPENDIX.

293

Lord of" that Ilk, anent the wadset of some lands, which was afterwards confirmed
under the Gfeac Seal (■,).

John Shavv of Hayley, in the year 1469, was joined in a commission of embassy
to Denmark, with the Lord Evaiidale, Lord Chancellor, the Earls of Arran and
Orkney, and several other persons of rank and distinction, to treat of a marriage
betwixt King James III. and Margaret, daughter of Christiern III. King of Den-
mark; and then-negociation had the desired success (d).

Andrew Shaw of Sornbeg, son to H.iyley, w.is mteft, under the Great Seal,
in the lands of Sornbeg, Polkemmet, Whitburn, and other lands in the shires of Ayr
and Linlithgow, &.C. 2i5t May 1447, and was succeeded by his son

Alexahde* Shaw of Sornbeg and Polkemmet, who resigned the lands of Pol-
kemmet in favour of Sir Robert Hamilton of Preston ; upon which resignation a
cliarter under the Great Seal was granted in anno i486 (c), and was succeeded by
his son

William, the other heirs-male of the family of Hayley failing, the family of
Sornbeg or Polkemmet remained the only heirs-male and representatives of the fa-
mily of Hayley ; and the aforesaid Wdham Shaw of Sornbeg and Polkemmet, son
to the foresaid Alexander, was infeft, under the Great Seal, in the lands of Pol-
kemmet and Sornbeg, Si-c. in the said shires, 14th March 1486, and in the lands of
Fl.jck and Elockside, in the shire of Renfrew, 20th April 1467, and was succeeded
by lus son

John Shaw of Sornbeg, who was infeft, under the Great Seal, in the said lands of
Flock, &.C. 28th May 1529. He was succeeded by his son

Andrew Shaw of Sornbeg, who was sewed and retoured heir, in special, to
William Sliaw of Sornbeg and Polkeaimet, his grandfather, in the five-pound land,
of old extent, of Heliugton ; five-pound land, of old extent, of Knockindale ; fifty-
shilling land, of old extent, of Goldring ; the lands, barony, and fortalice of Sorn-
beg, and others, in the shire of Ayr, loth December 1547. In anno 1544 he

and John Shaw, his son and apparent heir, granted a charter of the lands of He-
lington I'Viliieimo Will.-we, nepotl et baredi quonda?n Hlllielmi IVallace de Ellersly (cl),

in ^nno 1545. ^David Hamilton of Preston obtained a gift of non-entry of the

lands of Polkemmet, Sornbeg, and Foulshiels, &c. in the shires of Ayr and Lin-
lithgow, from Queen Mary, which had fallen into her hands by reason of non-entry
from the decease of the above William Shaw of Polkemmet ; whereupon he ob-
tained decreet of declarator before the Lords of Session, in the 1549, against the
said Andrew Shaw of Sornbeg ; but the said gift being, as it would appear, only a
trust for the behoof of the said Andrew, the nearest heir, he previously made over
the same to him, with a decreet of apprising for the bygone non-entry duties ;
upon which the said Andrew obtained a charter under the Great Seal in favour of
himself, and the said John Shaw his son, 4th March 1550 (c); whereupon they
were infeft, and the lands of Polkemmet, &-c. thereby were united to the estate

of Sornbeg. Upon the 19th June 1589 ffj, the said Andrew Shaw was infeft

in the foresaid lands of Flockside, upon a precept forth of the Chancellary, as heir
to his father John ; and, upon the 2d March 1590 ( ^) he obtained a charter- from
Queen Mary in favou-r of himself and his said son, o: the lands of Sornbeg, and
others : and 28th April 1550, the said John was married to Helen Wallace, daugh-
ter to Carnel, as appears by the original contract of marrage of that date ; in all
which land, the said An,drew was succeeded by the said

John Shaw of Sornbeg or Polkemmet, his son, who was succeeded by

John Shaw of Sornbeg, his son, in the 1592 ; he is infeft upon a precept forth of
the Chancellary, as heir to Andrew Siiaw, his grandfather, m the foresaid land of
Sornbeg. Helington, Knockindale, Goldring, &c. ('>). And, upon the 28th Oc-
tober 1608, he was infeft in the lands of Polkemmet, &c. upon another precept
issued out of the Chancellary in his f ivour as heir to John Shaw of Polkemmet,
his father (•) ; and, in finno 1615, upon his own resignation, he obtained a char-
ter from King James Vi. erecting the haill lands into the barony of Sornbeg,

(fl) Charta in publicis archivis. {/?) Buchanan, and Torfaus's History of Denaiark, p. 191. (c) Char-
ts in publicis archivis. (•/) Caarta ibijcii. (<•) Charta penes Comitem de Duiidonald. (/) CharU ia,
publicis archivis. (^3 Ibidem, (_b) loidem. {^i) Charta in publicis archivis.

Vol. II. 7 M

294

APPENDIX.

whereupon he was infeft {k) ; and, in 1620, he granted a charter to his son Patrick
at his marriage, of the foresaid lands of Polkemmet.

And the said Patrick. Shaw of Sornbeg, as heir served in special to the foresaid
John Shaw his father, 25th August 1631, was also infeft in the foresaid lands of
Sornbeg, Chapleton, Duncanrigs, Goldnng, Stc. which he rc-igned in favour of
John his son, and John his grandson, who were infeft under the Great Seal anno

1699 (/). He, the said Patrick, married Duiham, daughter of

Durham of Duntervie, by whom he had the said

John Shaw of Sornbeg, his son, who, i-/nno 1651, married Isabel Boswell, se-
cond and one of the four daughters of David Boswell of Auchmleck, by whom he
had

John Shaw of Sornbeg, who married Marion Kennedy, daughter to Kennedy of
Kilhenzie, by whom he had

Captain John Shav; of the Scots Royal Regiment of Foot, his eldest son and
heir, now with that corps in the expedition in America, serving his country, who
was served heir in special to his said father and grandfather in the foresaid lands,
anno 1720. — Alexander Shaw, writer in Edinburgh ; two daughters, Anne, mar-
ried to Graham of Drynie ; and Catharine, married to Mackenzie of Suddie,
both which gentlemen reside in the shire of Ross.

The armorial achievement of the family of Shaw of Sornbeg is, azure, three
mullets in fesse, betwixt as many covered cups argent ; crest, a dexter hand pro-
per, holding a covered cup, argent : motto, / mean well. N. R.

It may not be improper here to observe, that the author of the Historical
Remarks on Ragman's Roll has committed a mistake, in supposing the
family of Sauchie to succeed as heirs to that of Hayley, with whom they
had no manner of connection ; and he had no reason to form this sup-
position: The only information he had concerning the family of Hayley,
being from that of Sornbeg, who communicated to him the original char-
ter granted by James, Great Steward of Scotland, to that family, as him-
f^elf ingenuously acknowledges.

Memorial of the ancient Family of Riddell of that Ilk, Baronet ; showing their
Antiquity, Descent, and Alliances, jrom the Reign of King David I. to the pre-

IT is the received opinion among the modem antiquaries, that the surname and
family of Riddell or Rydal is derived from one of those Normans that came over
to England with William the Conqueror («) ; and, by the the gift of that prince,
got many great and considerable estates and lordships in that realm. The surname
seems to' be local to Riddell, which denotes its antiquity.

Geoffrey Riddle, in the seventh of King Henry I. of England, being, says a
great and learned antiquary and historian (;/), ^.n eminent and learned person, up-
on that great controversy then happening betwixt Osbert, at that time sheriff of
Yorkshire, and the church of St Wilfred at Rippon, touching the privilege of sanc-
tuary there, whereof the sheriff would not allow, was, by special commission, em-
ployed together with Robert Bishop of Lincoln, Ralph Basset, Roger de Mescbines,
and Peter de Valoines, to hear and determine therein, who gave judgment for the
church ; and, not long after this, growing famous for his knowledge in the laws,.

(*) Charta in publicis archivis. (/) Ibidem. [m) Inquiry i
William Dugdale's Baronage of England, torn. i. page 1$^,

into the Origin of Surnames. («) SI.-

APPENDIX. 295

.was soon thereafter constituted Great Justice of England. But, in the cicth of
that reign, upon the return of King Ilenry out of Normandy, where Prince VVil-
hain, his eldest son, had, says my learned author, " ni testimony of the people's
" obedience, received their homage and fealty by his father's appointment, being
" in the ship with the prince, and other of the king's children, and diverse of the
*' nobility, they were cast away at sea and perished ( .)), anno 1 120 (9)." He left issue
by Geva his wife, daughter of Hugh the first Earl of Chester (). one sole daugh
ter his heir, named Maud, married to Richard Basset, son of Ralph Basset,
Justice of England ; which Richard, being also Justice of England, had by her,
two sons, Geoffrey, who assumed the surname of Rydal, of whom the English
barons Rydal descended, who are traced down, in the baronage of England, by
Sir William Dugdale, to which I must refer.

But though the fiht of the name came over to England with the Duke of Nor-
mandy, yet it was not long after that the Riddells came to Scotland ; for, in the
reign of our King Alexander I. when David, that king's brother, was Princeps
Cumbria, he caused an inqiilsitio, an inquiry, to be made " de possessionibus ecclesia;
*' Glasguensis auxilioetinvestigatione seniorum hotninumetsapientiorum totius Cum-
bria." To this deed of inquisition tlicre are many great witnesses ; and, among others,
Gervasius Riddell, Hugo de Morvih, Walterus de Lindeseyia, &c. Sic. (1). 1 am of
opinion, that this Prince David, in the lifetime of his brother, and while he was
prince, or Conies Cuinbrice, as he is sometimes called, having got acquaintance with
the sons of some of the Norman gentlemen, who had shared in the conquest of
England, gave them possessions, and settled them in estates in Cumberland ; and
when he came to the crown of Scotland, by the name of David 1. anno 1122, he
conferred other estates, and offices on them: >"or we find the same Gervasius Rid-
dell is witness to several cnarters by this King David; particularly to one granted
to the Prior of Coldinghani, wherein Le is designed Gervasius I'icecomes de Rox-
burgh (t). It cannot oe a question, but t.\\2X Walterus de Riddell is the son and
successor of Gerva.''ius tie Riddel/, who is, for a great while, an ordinary witness in
King David's charter^ («). There is a charter by that king to himself, " Waltero
" Riddel de terris de Lilisclve &■ dimidium de Escheco &- Wittune (x), per suas
" rectas divisas tenend. & habend. sibi &- hseredibus suis de nie &- haeredibus meis,
" in feoda 'if- h^reditate, per servitium unius miJitis, sicut uiais baronum meorum,
" vicinorum suorum. Tesnbus, Andrea Episcono de Cataneis, WaltCi'o filio Allani,
" Ricardo de Morevila, Alexandro de Seton, Alexandio de Sancto Martiuo, Vv^al-
*' tero de Lmdeseyia, David de Vuet, et Nicolao Clerico, apud Scoon." The tran-
tumpt of this charter I have seen taken before " Andreas Dominus Gray Justi-
*' tiarius supremi Domini nostri Regis ex parte australi aqua: de Forth. Apud
" Jedburgh quarto die Novembris 1506" (j). Bat this IValterus de Riddell ha-
ving no issue, was succeeded in his estate by his brother Dominus AnskitUle de
Riddell. This is vouched, and nobly instructed by a bull of Pope Adrian IV. (z),
which I have seen, and runs : " Adrianus Episcopus, servus servorum Dei, Anski-
" tille Riddell militi, salutem & Apostolicam Benedictionem, sub Beati Petri &
" nostri protectione. Suscepimus specialiter ea quas Walterus de Riddell testa-
" mentum suum ante obitum suum faciens tibi noscitur reliquisse, viz. Villas de
" Wittuness, Lilisclve, Brachabe, &■ cetera bona a quibuscunque tibi juste col-
" lata, nos authoritate sedis Apostolicas integre confirmamus. Datum Beneventi
" septimo Idus Aprilis." The jirecise year our of Lord is seldom in ancient bulls:
But this must be betwixt the jear 1154, that he came to the papacy, and the 1159
that he died.

There is another bull of Pope Alexander UI. who succeeded Pope Adrian, I have

(/>■) Ibidem, I mean Dugdnle's Baronage of England! {q) Sir James Dalrymple's Appendi.K to his-
Histerical Collections. (r) Dugdale. (j') This inquiry i\ito the possessions of the See of Glasgow is in
the Register of the bishopric, and the e.xcerpt published by Sir James Dalrymple. {t) Sir J imes Dal-
rvmple's Collections from the original ivrits of the priory of Coldingham, belonging to the Chapter of
Durham. («) Ibidem, his Collections, p. 548. («) Penes Sir Walter Riddell, baronet, and these
lands are now the barony of Riddell. It is the only one of King David's I have seen granted to a laic,
(j.) This transumpt I have s.;en -n the custody of Sir Walter Riddell of that Ilk, baronet, (-z.) Ptnes-.
cundem Dominum Walterum Riddel de eodem.

296 APPENDIX.

seen, to this same Sir Amkhille de Riddell, of all that his brother had left him by tes-
tament, and confirming an agreement betwixt him y Huchtredum Sacerdotem, anent
the tithes of the lands of Lilisclve, by the mediation of King Malcolm IV. («).
This Sir Anskitille de Riddell was succeeded by Walter de Riddell liis son, the next
in the line of succession of this most ancient family. Hugo de Riddell, who is co-
temporary with him, must be a younger brother. He, Hugo de Riddell, is witness
in a charter of cotifirmatiun by King Malcolm, to the abbacy of Kelso, aimo
ji^g{l>). The same Hugo de Riddell is Dominus de Cranston, who is to be found
in the registers of Kelso, as a donator to that abbacy of the foui th part of Cran-
ston, afterwards called Little-Preston, now Prestonhall (c). From this Hugo de
Riddell the lands were called Cranston-Riddell, and he is to be found in the charters
of King Malcolm, and King William his brother, and successor, in the registers of
Kelso., Scone, and the extract from the registers of Glasgow (</). He is the
founder of the Riddells of Cranston, which ended in an heir-female, who was
married to a son of the House of Crichton, of whom came the Crichtons of Cran-
ston-Riddell. Nothing can be clearer or more evident, than that in these early
times we are upon, the family of the Riddells must have been considered in the
rank and quality of the Magnates and the Proceres Regni Scotia, since we see that,
Hugo de R\dat, who is but a branch ot the House of Riddell, is sent up to England
as one uf the hostages for the ransom of King William, who had been taken pri-
soner at the battle of Alnwick, anno 1174(f) : They were all persons of the tirst
rank and condition, the Comites and the Barones Regni; the list of them, taken,
from an author of the greatest credit (y), here follows:

David Comes, as he is designed, the king's own brother, who was Earl of Hun^
tingdon in England, and Earl of Garioch in Scotland.

Buncanus Comes, Earl Duncan, was the great and powerful Earl of Fife.

Waldevus Comes was the Earl of Dunbar.

Gilbertus Comes was the Earl of Strathern.

Comes de Angus, that was Gilchrist Ekrl of Angus.

Then follow the Barones Scotia.

Ricardus de Morvile, Constabularius Scotia.

Ricardus Cumine, the ancestor of the House of the Earls of Buchan.

Walterus Corbet.

Walterus Oliphard, that is the ancestor of Aberdalgy and Lord Oliphant.

Joannes de P'alz.

Ifillielmus de Lindsay, the progenitor of the Earls of Crawford and Lindsay.

Philip de Colvile, the progenitor of the Lords Colvil of Ochiltiee, and the Lord
Colvil of Culross.

Philip de Valoines.

Robertus Frebert.

Robertus de Burnevile.

Hugo Gifurd.

Hugo R'iddell.

Walterus Barclay

Willielmus de la Haye.

Willielmus de Mortuomari.

But to return to the stem and principal family of the Riddells, the House ot
Riddell itself, we must observe, that, from the ancient writings belonging to Sir
Walter Riddell of that Ilk, and the other authentic vouchers we have mentioned
to support the authority of this memorial, it is evident, that Walter de Riddell was
the son and heir of Sir Anskitille de Riddell; for there is a bull by Pope Alexan-
der IIL Waltero Riddell, filio domini Anskitille de Riddell, relative to the lands of
W^ittuness, Lilisclve. There are remarks upon this bull by a very learned antiquary
Mr Thomas Crawfurd, who was a professor of philosophy in the University of Edin-

(fl) Charta penes Dom. Walt. Riddell de eodem. (i) Charter cited by the learned Sir James Dal-
Tymple in his Collections, p. 349, to be penes Comitem de Roxburgh. (c) Ibidem. {d) All these
vouchers are in the Bibliotheque belonging to the Advocates' Library at Edinburgh, (c) Rymer's Foc-
dera Anglite. (/) Ibid.

3

APPENDIX. 2(>7

burgh, at ilie R'-'stonuion of King Charles II. and lie expressly says, that IVultcr (h-
Ricide'il, to whom the bull is directed, was the son ot" Sir Anskitillc Riddell ; for
when Sir James Dalryniple saw this bull, that worthy learned author ingenuously
teils us, tiiat the name ot" the son of Sir Anskitille was worn out: But he supposo
it to be Walter, there remaining, adds he, " Above the hole in the parclinieiir,
" some strokes of a diub'e /(', as the initial letter for IValterus, which no
doubt it is; and when Mr Crawfurd saw it, fifty years, or more, before Sir James
perused it, the name JVuItenis might be clearer, aiid more perceptible and legible
than afterwards: But tlii> by the bye.

To IVaitrriu dc RiilJill, the proprietor of the estate of Riddell, in the reign of
Iving William, succeeded PatrUhis, designed ite Riildell, which 1 think, implies tiiat
he was the head of the tamily. He, Patricias de Ridddl, gives to the monks of
Melrose, " Partem terrac in territorio de Wittune, pro salute animx> Domini Wil-
" lielmi Regis Scotiic(rt). He gives moreover to the convent of Melrose, and to
the monks serving God tliere, another part of "Wittune, " Usque ad terrain quam
" Willielnuisde Riddeli dedit Matildae Corbet uxori sudc in Wittune." The deed is
expressed to be made. Pro salute Domini mei Alexandri Rfjis Scotia: (6), which must
be after the 1214, that our King Alexander U. came to the throne. One of the wit-
nesses to the charter is JVa/tirus de Riddeli Jilius meus (c). He had also another son
named JVillielmusde Riddeli. To Sir Patrick de Riddeli succeeded ITalter de Riddeli
hisson. There is a donationand mortification hy R-jbertusde Buccleuxb,proanima Ans-
kitille de Riddeli, mei, Domini x3 pro animahus Patricii de Riddeli, ii Walteri de Riddeli
Dominorum rneorum, of lands held of them in Wittune (<•/). There is another donation
by IValterus de Riddeli, Jilius l^ hteres Patricii de Riddeli, whereby ad petitionem, says
he,Jilii mei isi hieredis, ^ Isabel uxoris suce, he ratifies to the monks of Melrose,
ilium bovatum terrae, which IViltielmus Parsona de Hunam pmx based a IVillielmo
Cocko, testibus Dom. Patricio Je Riddeli patre meo, that was his father-in-law, IVilli-
elmo fdio meo i^ haerede, Patricio filio meo, IVillielmo nepote meo (f ). Moreo\er a
subsequent deed and charter to this abbacy confirms that to IValterus de Riddeli.
William, his eldest son, succeeded ; tor there is a donation to the abbot and con-
vent of Melrose, by Isabella, " uxor Willielmi de Riddeli de alia bovata terne in
" territorio de Wittune, quam pater meus, Willielmus Parsona de Hunam emit a
" Gaufredo Coco." He expresses her deed to be made " Pro salute anima; Do-
" mini Patricii de Riddeli, &• Walteri filii ejus, & Willielmi sponsi mei." To
which there are witnesses Dominus Patricius de R'ddell, IValterus de Riddeli Jilius
meus, lyillielmus de Riddeli sponsus meus, Willielmus Jilius noster, Patricius Jilius
Walteri de Riddeli (/J. So we see this last writ instructs four successive descents
in the family, which is much in an extrinsic voucher, and a great deal in re tarn an-
tiqua, for supporting the antiquity of the family. This Willielmus de Riddeli, the
head of the family of Riddeli, is the same person who, in the register of Melrose,
is witness in a charter granted by Joannes de Vesci Witlielmo de Sprouston de nova
terra de Mow {g). Willielmus de Riddeli, the son of the former William de Rid-
deli, in the reign of David II. as I conjecture, is in the quality and rank of a
knight, miles, when he ratifies and confirms certain lands that Adam Dunelm,
that is Durham, his vassal, held of him, which he then sold to the monastery of
Melrose, in W"ester-Lilisclve(/j).

The next in the line of succession in the principal family of Riddeli, Riddeli of
that Ilk, is ^lintin de Riddeli de Wittune, who is the first that the charters of the
family that are nov/ extant begin with, in the custody of Sir Walter Riddeli of
that Ilk, baronet ; though I think he can scarcely be the immediate son of the
last-mentioned Sir William; he may, indeed, without any stretch in chronology,
be his grandson; but he is very plainly and clearly the successor and lineal heir to
all those ancient barons of Riddeli who had the lands and estate of Wittuness,
Brachabe, and LiUsclve, from King David I. And this gentleman, Qiiintin Rid-

(a) Chattulary of Melrose, of which there are tuo, one belonging to the Earl of Haddington, and
a lesser one to the Lawyers at Edinburgh. (i) Ibidejn. {c) Ibidem. {d) Ibidem. («•) Ibidem.
(/) Mr Nisbet in his Treatise of Heraldry, from the chartulary of Melrose, p. 375. (^) Char-
tulary of Melrose. (A) Charta penes Dom. Walt. Riddeli de eodem.

Vol. II. 7 N

298 APPENDIX.

dell, being found vested in that very estate, it cannot remain a question but that
he is heir to them, and their lineal legal successor: For George Rutherford, bailie
to the said Q_i.nntin Riddell of VVittuness, by an inquisition, hnds him duly vested
in the estate of Riddell, in his court at Wittuness, the 4th of July 1421 (rt), vi'hich
was the 14th year of the reign of King James I. I could not vouch, from the
writs of the family of Riddell, to whom this Qiiintin was allied in marriage: But he
is in a particular friendship and confidence with the Rutherfords; so perhaps he
was allied with them ; but this I offer no otherwise than as a conjecture, for it will
bear no more.

He, QuiNTiN Riddell of Wittuness, the Laird of Riddell of that Ilk, was suc-
ceeded by James Riddell of Wittuness, his grandson : This is vouched from his
service in the charter-chest of the family of Riddell (i), whereby, on the 4th of
May 1471, at Jedburgh, an inquest of very honourable gentlemen find, " Qj^iod
" Jacobus Riddell de eodem, & legitimus & propinquior hi«res quondam Qj^iin-
" tini Riddell, sui avi ;" it is in the lands of Roxburgh, as well as in the other
estates he died vested in. This gentleman. Jacobus Riddell de eodem, directs a pre-
cept to his bailiff, for infefting WiUiam Davidson, his vassal, in the lands of Heath-
bands. He was succeeded by

John Riddell of that Ilk, his son : There is a precept directed from James, Arch-
bishop of Glasgow, for infefting John Riddell of that Ilk in the lands of Lilisclve,
which he held of that See in 15 10; and another precept from the next succeeding
archbishop to the same effect (t), anno 1518. This is the Laird of Riddell, who
knowing the value of his original charter from King David I. of the estate of Rid-
dell, which is indeed so ancient, as I have never seen any other from this king to
a laic but itself; and by its high antiquity, even then, hkely to deface, and the
writing to wear out, so, to preserve so valuable a monument and record of his fa-
mily, he applied by petition to the Lord Gray, Justice-General be-south Forth, to
have the original charter transumed, and which was accordingly done in a jus-
tice-air held at Jedburgh, as has been formerly observed in the preceding part of this
memorial, anno 1506. This same Joannes Riddell de eodem grants a precept for in-
fefting Patrick Earl of Bothwell, as heir to Patrick Earl of Bothwell, his father,
in a part of the lands of Lilisclve, anno 1534, which he held of the Laird of Rid-
dell (rf). He left behind him several sons,

Walter, his heir and successor.

John Riddell designed of Robbine (f).

William Riddell, a third son CfJ-

Walter Riddell of that Ilk succeeded his father, to whom he is served heir

anno 1588 {g). He married , daughter of Sir George Ramsay of

Dalhousie, ancestor to the Earl of Dalhousie {h), and had a son, his heir, viz.

Andrew Riddell of that Ilk, who has a charter of his estate under the Great
Seal, filio et haredi Walteri Riddell de eodem, dated the 4th March 1591 (/). Tliis
gentleman married, first, , daughter of Sir James Pringle of Gala-
shiels {k) ; and had issue, Sir John, his eldest son, the first baronet of this most
ancient family (/). William, of whom are the Riddells of Newhouse, and James
Riddell of Mayboll (;n). He married to his second wife, Viola, daughter of William
Douglas of Pompherston, a very ancient family of that name in Linlithgow-
■ihixeCnJ ; by whom he had a son, Walter Riddell, the progenitor of the Rid-
dells of Haining in Teviotdale, which, in our own time, ended in an heir-female,
Mrs Magdalen Riddell, who was married to Mr David Erskine of Dun, one of
the Senators of the College of Justice, and had issue ; he had also several daugh-
ters, Margaret, who was married to Robert Rutherfoal of Edgerstone, ancestor to
Sir John Rutherford of that Ilk foj ; another to Sir James Scott of Goldielands;
and a third daughter, Isabel, who was married to Robert Kerr of Cavers (pj, of
whom that family is descended; and the youngest to John Baillieof St John's-Kiik
in the shire of Lanark, of whom Somerville of Corhouse is the hneal heir.

(a) Charta penes Dora. Walt. Riddell de eodem. {b) Charta penes Dom. Walt. Riddell de eodem,
I saw the writs fvom the originals, (rj) Ibidem. (^J) Ibidem. (.) Ibidem, (/■- Ibidem. (^ Ibidem.
(/.) Ibidem. (/) Ibidem. (^) Memorial of tl.e family of Riddell, from the wrus of the family tranbmit-
ed to me. (/) Ibidem. (ni) Ibidem. (fj) Ibidem, and the Registers of the Heralds. (o) Ibidem.
(/)) Memorial of the House of Riddell, and other authentic vouchers confirming it.
I

APPENDIX. 209

Su- John Riddell, the tiist baronet in the family, created the 20th of March
162S, was married to Agnes, daughter of Sir John Murray of Blackbarony, by
Duma Margaret, his wife, daughter of Sir Alexander Hamilton of liinerwick, the
first and most ancient branch of the illustrious House of Hamilton. This alliance
brought a great many relations to the house of Riddell ; for the lady had a sister.
Dame Elizabeth Murray, who was married to Sir Robert Kerr of Ancrum, created
Earl of Ancrum in the 1633 : she was liis first lady, and was mother to William
Earl of Lothian, who was Secretary in the time of King Charles I.;. Dame Marga-
ret Murray, another sister, was married to Sir Robert Halkct of Piiferran, and had
issue. iSIary, married to Patrick Murray of Philiphaugh, and had issue ; and Isa-
bel, married to Sir Patrick Scott of Thirlestane, and had issue; , married

to Sir James Douglas of Colphople ; and , married to Veitch of Dawick.

Sir John Riddell had issue by his lady, Dame Agnes Murray, Sir Walter, his
heir and successor. Sir William Riddell, Governor of Dusburgh in Holland, John
and Thomas who were Captains in the service of the States of the United Pro-
vinces; he had also a daughter, , who was married to Sir Thomas Kerr

of Cavers, and had issue.

He married to his second wife. Dame Anne Anstruther, daughter of Sir Wil-
liam Anstruther of that Ilk, by whom he had only one daughter, who was married
to David Barclay of Cullernv, one of the ancientest families in all the county of
Fife 00-

Sir Walter Riddell of that Ilk, the next baronet in the family, married Dame
Janet Rigg, a lady highly extolled for piety and all the graces that could_adorn the sex.
She was the daughter of ^very worthy man, William Rigg of Aitherny, who liad
a great estate both in the shire of Fife and near Edinburgh : but he was richer in
good works (/?}, as from a manuscript of his life (c). He was a great supporter of
the presbyterian clergy, especially in the city of Edinburgh, in the opposition they
made to the violent efforts the court and the bishops made in pressing conformity
to the five articles of Perth assembly, ratified by act of Parliament 1621. By this
pious lady, Sir Walter Riddell of that Ilk had issue. Sir John Riddell of that Ilk,
his heir and successor, who married Helen, daughter of Sir Alexander Mor-
rison of Presrongrange, by Dame Jean Boyd, daughter of Robert Lord Boyd; by
her he had Sir Walter Riddell of that Ilk, Bart, the present representative of this
ancient family, who married Mrs Margaret Watt, daughter to John Watt of Rose-
hill, Esq. and have issue five sons and three daughters, and a daughter married to
Hary Nisbet, son and heir apparent to Sir Patrick Nisbet of Dean, Bart, and had
issue.

The second son of Sir Walter Riddell of that Ilk, and Dame Janet Rigg,
was Mr William Riddell, who was bred to the profession of the law, and was an
Advocate betbre the Court of Session, where he served long with reputation and
integrity ; he acquired first the estate of Friershaw, and is the ancestor of that
branch of the family, designed Riddell of Glenriddellin Drumfries-shire. He mar-
ried Elizabeth Wauchope, eldest daughter of Captain Francis Wauchope, only bro-
ther of John Wauchope of Niddry, a ramily of higher antiquity than many others
in the county of Edinburgh where they reside.

The lady was sister toMajor-GeneralJohn,and Major-Gen;ral Francis Wauchopes,
two officers of great name and high reputation for conduct, courage, and valour, as
any two oflicers of their profession that belonged to the foreign service: Upon the
Revolution both of the brothers went over to France to follovv" the fortunes of their
master King James VII.; they had high commands in tl;e French and Spanish ser-
vice, which they still maintained with great honour and reputation fdj. There was
one thing ve;y remarkable of the two General Wauchopes, viz. That the eldest bro-
ther, though he was in as many public and more private engagements as an officer
of distinction, he never received a wound, nor had his blood so much as once drawn,
till he was killed in the war in Catalonia, where he commanded the foot. And of
his younger brother General Wauchope, he was almost wounded in every battle he

(a) Memorial itortiaid of the family of Glenriddell. (i) Mr Dnviil Caldenvood gives him in his his
tury, toward the erd, a high chaiacter. [c) Memoirs of Bailie William Rigg of Aitlierny. (/) Memo
rial of Riddell of Glenridjle.

30C

APPENDIX.

was engaged in ; yet died in his bed, Governor of Cagliari in Sardinia, in the Spa^
nish service. By Mrs Elizabeth Wauchope, Mr William Riddell, Advocate, had
issue, Walter Riddell of Glcnriddell, his son and heir, who married Catharine, eldest
daughter of Sir Robert Laurie of Maxwelton, by whom he has two son<;, Robert
Riddell, apparent heir of Glenriddell, who is married to Jean, daughter of Alexan-
der Fergusson of Craigdarroch, and has issue one son, Walter, and three daughters.

John Riddell, the second son, who is of Grange in Fife. He married Helen,
daughter of Sir Michael Balfour of Denmiln, and has issue, two sons and two
daughters.

Mr Archibald Riddell (the third and youngest son of Sir Walter Riddell of
that Ilk, and Dame Janet Rigg) was one of the Ministers of the Gospel at Edinburgh,
who had issue, Walter Riddell of Granton, captain of a man of war, who died
without issue, and Doctor John Riddell, Physician at Edinburgh; his son is John
Riddell, Writer to the Signet, who married Mrs Christian Nisbet, daughter of Sir
John Nisbet of Dean, Bart, and has issue.

F I N I S.

HISTORICAL AND CRITICAL REMARKS

FRYNNE'S HISTORY,

so FAR AS CONCERNS-

THE SUBMSSION AND FEALTY SWORN BY THE GENERALITY OF
THE SCOTS NATION TO KING EDWARD I. OF ENGLAND,

IN 1292, 1296, 1297, b'r.

COMMONLT CALLED

THE RAGMAN-ROLL.

THE submission and fealty of the Scots nation was very universal, and' taken
through different places of the kingdom ; the first I take notice of is on the
7th of July 1292 (rt), those who swore to King Edward of England, viz. Fergus Mac-
dowald, Dougal Macdowyl, Del Count de Wigtoun : These two gentlemen are of the fa-
mily of the Macdowals, or Macdouals, or Mncdowyles. There are four families of
the surname of M'Dowall, who all claim and set up for independency on one another ;
they all agree they are descended of the most ancient princes or barons, iS Domini
Galluidie, or de Galveyin; the name is a patronymic, called after the proper name
of Doual, or Dougal, their common progenitor, which must be as old as the reign
of King David I. since there is none of the old family of Galloway of that name,
since that Ulgerick and Dovenald, the two prime leaders of the Galvegians, were
killed at the battle of Allerton in the 1 138. Some modern critics are of opinion,
though it is but conjectural at best, that the race of the M'Dowalls are sprung-
from Thomas, called Macduallan, son to Allan Lord of Galloway, in the reign of King
Alexander II. and from him they are denominated Macduallans, that is the offspring-
and descendants of Thomas, the son of Black, or Du Allan : None of all the families
of the M'Dowalls have any very ancient writs. Makerston lias a charter of the ba-

(a) Prynne's History, page 649,

Vol. IL 7 O

i HISTORICAL AND CRITICAL REMARKS

rony of Makerston, Yetham, &c. to Fergus M'Dougall, or M'Dowall, on the re-
signation of Margaret Fraser, his mother, in the rolls of King Robert II. anno 1373.
Garthland's first charter is in 1413, by Archibald Earl of Douglas, Dominus Galiu-
die 'c? AnnandaUe, Thome Macdowal, of the lands of Garthland. Logan produces
a charter in 1453, to Andrew M'Dowall, of several lands which Uthred M'Dowall
of Garthland held of him. And Freugh has a charter of the lands of Ravenston,
to Fergus M'Dowall of Freugh, who had married the heiress of Gilbert Maclelland
of Ravenston, and to Fergus M'Dowall, his son and heir apparent, in the 1445.
These documents are all the M'Dowalls can produce, to vouch their respective
antiquity ; for the two gentlemen here in the Ragiiian-Roll, all the three families
in the shire of Wigton claim them to be their ancestors.

William de Murrcff de Dnirhsar^ard; whose son, Dominus Joannes de Moravia,
Domnus de Drumsargaid, obtained the lands of Ogilvie, Abercairny, and Glen-
sherop, by the marriage of Mary, daughter of Malise Earl of Strathern, and is the
well known ancestor to the moit ancient and honourable family of Abercairny, in
the county of Perth, where they had long nourished, and still continue in lustre;
who, as an heir of line of the ancient Earls of Strathern, carries, quarterly, first
and fourth Murray ; second and third a cheveron, surmounted of another, for
Strathern, and is the coat-armorial of James Murray of Abercairny, who is the
lineal heir of this WiUielmus de Moravia, de Drumsargard.

Roger de Methfen; this gentleman had the estate of Methven, and is a frequent
witness to charters granted in the time of King Robert I. to several of the an-
cientest families in the county of Perth, and is designed Rogerus de Methfen,
miles (a). There was a small family designed of Methven, of whom was Dr John
Methven, who was Vicar of Edinburgh, and Register in the reign of King James II.
Of the same race of people was Paul Methuen, Esq. once Secretary of State, who
owns his extraction from Scotland, and from the Methvens.

Gilchrist More is the same gentleman that was son to Reginald More, designed
of Craig, i. e. the Craig of Rowallan, and brother to Sir Adam Mure of Rowallan.

Hew de Ralstoun; this is the ancestor of Ralston of that Ilk, a family of anti-
quity in the county of Renfrev/, as far up as the reign of Alexander 111. and give
out as the tradition that they are descended of a son of the Earls of Fife. But
how the tradition is vouched I cannot say; but their arms do not favour that,
for they do not wear the lion rampant, the arms of the Earl of Fife, but three
acorns on a bend, intimating, that they are of the same race and stock with those
of the surname of Muirhead.

John Senescal de Jedwitb ; he, in the opinion of a very great antiquary {b), was
the same John Stewart who is, in other places of this fealty, designed frater ger-
mamis Jacobi Senescalli Scotiae, grandfather to King Robert II. and was the root
of the Stewarts of Bonkill, and the same brave gallant man that was slain in the
service of his country at the battle of Falkirk anno 1298. He had many sons, of
whom sprang a great many illustrious branches of the serene race of the Stewarts.
Sir Alexander Stewart, his eldest son, designed of Bonkill (c), was, upon the for-
feiture of the English family of the Umfravilles, created Earl of Angus in the
1327. Sir Allan, another son, was the stem of the noble family of the Stewarts of
Darnly, from whom flowed the Earls and Dukes of Lenjio.x, which failed in the
1672; to whom his Majesty King Charles II. succeeded as his nearest and lawfid
heir-male (</). Sir Walter Stewart, the third son, of whom the Stewarts of Dal-
swinton, of whom are the House of Garlics, the Earls of Galloway, by an heir of
line, and at law. Sir James Stewart of Peirston, in Cunningham, of whom Iimer-
met'h, Lorn, both Lords of Parliament, Rosyth and Craigjehall, Grandtully,' and_
several of the illustrious families of the Stewarts are branched. John Stewart of
Jedwith was the youngest son that I have seen any authentic voucher for: He is
designed Johannes-^Senescallus de Jedwith, and is bailie to the Abbot of Kelso, in
the 1325 (e). William Stewart of Jedwith, and sheriff" of Teviotdale, his son or

(fl) In the Writs of the Hou<ie of Abercairny. {!>) Mr David Simpson Historiographer of Scotland.
(c) Dr John B;irbour's L'fe of King Robert I. {_d) Tne King's Retour in the Chancery. (f) Char-
tulary of Kelso.

ON THE RAGMAN-ROLL. 5

successor, in the ruignof King Robert IIL married his eldest son and heir apparent
to Marietta Stewart, only daughter and lieir of Sir Walter Stewart of Dalswintoii,
anno 1397; of this double race of the Stewarts is the Earl of Galloway, as he is
also of an heir-female of another brother, as we have observed in this criticism.

iniliam de Miirreffde Tbolybaidiae; this is the ancestor of the most noble and
illustrious family of Tullibardin, in the county of Perth, tliat were an early
branch of the Riurrays of the House of Duffus, the root of all the Murrays. The
family was first raised to the honour of the peerage in the 1604, created Earls of
Tullibardin in 1606, Marquis of Athol anno i6-j6, and Duke of Athol in 1703.

John de Montgomery is designed del Conte de Lanerk, and the same gentleman
that comes to be designed de Eglishnn" in the barony of Renfrew; but at that
time, and long afterwards, in the county of Lanark, till the reign of Robert IIL
he is designed del Count de Lnneik, to distinguish him from Murtbak de Montgomery
del Conte de jiii\ who was the progenitor of the Montgomeries of Stair. Alex-
ander Montgomery, chevalier, was his son and heir in the 1357, and is Domintts de
Eglishame, as Sir John de Montgomery de Egushmne, his son, in the 1388, who obtained
the great barony of Ardrossan and Eglinton, by the marriage of Elizabeth, the
daughter and sole heir of Sir Hugh Eglinton of that Ilk, one of the two great
Justiciaries of Scotland, in the reign of King David II. cinno 1361, by Giles, or
Egidia, his wife, daughter of Walter, Great Steward of Scotland, and sister to King
Robert II. These facts are all vouched from the original writs of the lands and estate
of Bonnyton in Edinburgh-jhire, which this lady gives to Alexander Montgomery,
her second son, in the 1387, with consent of John Montgomery of Ardrossan, her
eldest son, whose son and heir, Alexander Montgomery, is intitled Domintis de Ar-
drossan, in the 1453, when he gives the lands of Lochlebo, &.c. in the barony of
Renfrew, to George Montgomery his son, to be held of him and his heirs Dominis
de Ardrossan: Which is confirmed by a charter under the Great Seal, I have seen
thus (/). This Alexander de Montgumery Domiuus de Ardrossan was the first Lord
of Parliament of the House of Montgomery nominated and invested in that newly
introduced honour, by King James I. in the 1427 {g). Hugh Lord Montgomery
was raised to the honour of Earl of Eglinton by King James IV. anno 1506, whose
heir and successor is Alexander Earl of Eglinton.

Reginald More de Craig, that is of the Craig of Rowallan, who had Sir Adam,
of whom the ancient r.nd honourable family of Rowallan. Reginald was his se-
cond son, who, in the 1329, was Chamberlain of Scotland ; of whom the Muirs
of Abercom, by the marriage of the heir of the great family of the Grahams.
The direct male line of this house of the Muirs ended in an heir-female, Ellen,
who married Sir William Lindsay of Byres, in the reign of King Robert II. anno
1371. He was the direct ancestor of the Lord Lindsay of the Byres, and the pre-
sent Earl pf Crawford ; who, till they came to enjoy the title of Earl of Crawford,
by the attainder of Lodov.'ick Ear! of Crawford, anno 1644 (A), carried in their
coat-armour the three stars in chief of the fesse cheque, as the composed coat of
Lindsay and Muir.

Thomas de Montgomery, and Murchau de Montgomery del Count de Air, I take
to be the other great family of the Montgomerys of Stair in King's-Kyle, of whom,
through a series of heirs of the Montgomerys, that barony came to be heri-
tably transferred to the Dalrymples, the ancestors of the present John Earl of
Stair.

Halter ftz Gilbert de Hamildon ^ most of OUT modem antiquaiies, following the
sentiments and opinions of a very learned antiquary, and a very worthy ingenious
gentleman, Mr Hamilton of Wishaw, think that this great man, designed patro-
nymically, v.as the ancestor of his Gracie the Duke of Hamilton. I have some
difficulty about it myself, how he came to take or assume tile surname of Hamil-
ton, or where that place lay : for it is not the barony now, and for many centuries
bypast, called Hamilton ; for at this time, anno 1292, it was then called Baronia

{f) In the har.Ci of S:r Hugh Montgomerv of Skelmorly, the sime George being his ancestor..
{g) He is inter Dominos Parliament! 1429 in the records. (h) Rccinded zc's cf Parliament.

4 HISTORICAL AND CRITICAL REMARKS

de Cadiow, and was crown lands, and where our kings in these ancient times had
a seat ; as is clear from the many charters that are dated apitd Cadiow. That
that barony was in the crown in the time of King Robert 1. is evident from a
charter granted by that monarch, " Fratvibus Prsdicatoribus de Glasgow, de
" annuo redditu viginti mercarum Sterlingorum, debito et exeunte de Baronia
" nostra de Cadiow." It is true that King Robert, after this, gives Waltero filio
Gilberti Baroniam de Cadiow ; but no otherwise designed them patronymically,
IValterus flius Gilberti, who is the sure and certain ancestor of the most noble and
illustrious family of Hamilton ; but whether he be the same individual great man
with the former Walter fitz Gilbert de Hamidlon is more than 1 can say, since the
son of Sir Walter, the son of Sir Gilbert, does not use any surname, but is called
Dowinus David filius Walterifilii Gilberti 7iiilitis, when he mortifies to the Chapter
of the See of Glasgow a certam annuity out of his barony of Kinniel, anno 1361.
His son David, Dominus David, filius Davidis, filii Walteri, filii Gilberti, in the
1375, in a charter in the rolls, designs himself dt Hmnyldon. There has been
something extraordinary in their resuming the surname of Hamildon, if they be
descended of IValttr fitz Gilbert de Hamildon, that I cannot account for ; and 1 am
sure, that at the same time the second Sir David Hamilton of Cadyow assumes or
resumes the surname of Hamilton, Johannes filius Walteri, as he calls himself, his
uncle, takes the surname of Hamilton, and the designation of Fingleton and Rosa-
ven ; and his brother. Sir Alexander Hamilton, in the 1387, has a charter from the
crown of a part of the lands of Innerwick, and to the heirs to be procreated be-
twixt him and a noble lady his wife, Elizabeth, daughter and co-heir of Thomas
Stewart Earl of Angus, of whom Alexander Hamilton of Innerwick, Esq. is the
lineal descendant, who carries the composed coats of Hamilton and Stewart, to
perpetuate the memory of that illustrious alhance, the three cinquefoils betwixt
the fesse chequi of the Stewarts.

Robert Cruck de Tmgaldston was at that time the head of an ancient family of
the Crucks, who had the lands of Crucksfie, >. e. Cruxston, Nielston, and Fingle-
ton, all in the barony of Renfrew ; which lands came in the reign of King David
U. by marriage to the Stewarts of Darnly, and to the Hamiltons of Fingleton and
Preston, esteemed the first and most ancient cadet of the House of Hamilton,
which failed in the person of Sir William Hamilton, who died at Exeter in No-
vember i688, soon after the Prince of Orange's expedition to Great Britain, where
he had a considerable command in the prince's army.

June I. 1292 (i). The Lords of the Regency of Scotland then swore fealty, and
made their respective submissions to King Edward I. as direct superior lord of
the kingdom of Scotland, or the Guardians of the Realm, as they were called,
viz.

William Fraser, Bishop of St Andrews ; he was Chancellor of Scotland, ^ whom a
full account may be seen in the Lives of the Chancellors of Scotland, published
by Mr Crawfurd.

Robert Wishart, Bishop of Glasgow ; this is the noble celebrated prelate that did
so many glorious acts of patriotism for retrieving the Hberties and independency
of his country, when they were very near swallowed up, and on the very brink of
ruin, by the encroachments the King of England, the mighty Edward I. had
made, so very unjustly, upon a free people, to which the domestic divisions and
animosities of contending parties had not a little contributed, and gave him the
handle to form his project of subjecting the whole kingdom to him, as their Sove-
reign and Liege Lord, as he so frequently called and stiled himself.

Duncan Earl of Fifie ; this was Duncan the eleventh Earl of Fife, who was slain
in 1298, at the battle of Falkirk.

Alexander Cumine Earl of Buchan, the same who was Great Justiciary of Scot-
land, in the reign of King Alexander III. but he died in the 1289, which weaken-
ed, in a great measure, the concord that was formerly among the great men, the
Guardians.

(_/) Prynne's History, page 507.
I

ON THE RAGMAN-ROLL. 5

Jmnes, the Great Steward of Scotland, lived through these times of disorder and
confusion that ensued; his conduct was much liker the willow than the oak; and
died in the 1309. His son, IFa/tcrus Senescallus, or Steward of Scotland, was tlie
father of Robert IL the first of our kings of the most serene race of the Stew-
arts.

Sir John Citmine of Badenoch, senior, was the last in the commission of the re-
gency ; he was the ne.xt to the rank of the Cjrnites, one of the great harones. His
family was the root and stem of all the great, numerous, and powerful families of
the Cumins. Upon the death of the yoimg (;)iieen Margaret of Scotland, anno
1290, he set up a claim for the crown; his compjtition was founded and derived
from a very remote source, fron Bethock, daughter of K.ing»Donald, whose daugh-
ter, Hexilde, was married to Sir William Cumin, Chamberlain to King VVdliam :
but the claim was really so idle that he soon dropt his title, and laid aside his
pretension in favour of John B;iliol, who, to say the truth, had the hcredita/y
right to the cro.vn been as fully established by law as it has been since, no question
he had the better title of any other of the claimants. He left issue by Marjory, his
wife, daughter of John Baliol of Harcourt, sister to John King of Scotland, John
Cumin of Badenoch, who was slain for his perfidy and treachery by King Robert
the Bruce, in the church of the Minorites at Dumfries, on the loth of February
1306. In him ended the great family of the Cumins in the male succession. He
left a daughter, who was married to D ividdc S:,atbbol^y, Earl of Athol, who, if there
be any that can lay a well-founded claim to be descended of this lady, they are
the heirs of line of the royal race of the Haliols, and the heirs in blood to Margaret,
the eldest daughter of David Earl of Huntingdon, the root of the roval family of
Scotland, that failed in the mascuHne line of King Alexander IIL The ingenious
Mr David Hume of Godscroft, and a learned polite writer in every thing but in
that of history, which does not at all seem to have been his talent, has, in his His-
tory of the House of Douglas, a dissertation on the right of the family of Douglas,
as being heirs to the old Baliol family, of which I may venture to say there is
scarce one true word.

Our author, MrPrynne, remarks, that along with the Guardians, the Custodes Scotia,
that gave their oath of fealty to King Edward of England was Brianus filius Allani,
if any be descended of him I can say nothing. Then Marcus Sodoreruis Episcopus,
that is the Bishop of the Isles, whom my author says was " ipsius Regni Cancel-
" larius," meaning of Scotland. " Ac nobilis vir Robertus de Brus, Dominns
" vallis Annandie :" This is the noble person who competed with Baliol for the
crown, in right of his mother Isabel, the second daughter of David Earl of Hunt-
ingdon, grandfather to King Robert I. Jjbannes de Baliol, Dominus Galuidie,
This is that John Baliol who competed for the crown, and actually obtained it by
the determination of King Edward of England, anna 1292, of whom our histories
are so full that I cannot think it necessary to add any thing more in these critical
observations.

Patricius Dunbar Comes Marchie ; He was the first earl of the old noble family of
the Earls of Dunbar, who take the title of C.jnies J^I treble: He, at this time, was one
of the claimants for the crown : but his title was not well founded ; for he was
only come of a natural daughter of King William, and was more for show than
any reality that could be in his claim. From him the great and noble Earls of
March descended, till they were attainted in Parliament, in the reign of King
James I. anno 1434 {k~).

Dovenaldus Comes de Mar is that Earl of the House of Marr that was called Grat-
nack or Gratney, the import of which I do not know. Donald Earl of iVIarr, his
son, was one of the Guardians of Scotland in the nonage of King David II. and
was slain at the battle of Duplin anno 1332. In Thomas Earl of Marr the male
line of the family failed, and it came to Margaret Countess of Douglas and Marr,
his sister, and to James Earl of Douglas, her son, and upon his de nise to Isabel Dou-
glas, his sister, whose husband, on her resignation, was invested in, the earldomof Marr,

(h) Acts of Parliament.

Vol. IL 7 P

6 HISTORICAL AND CRITICAL REMARKS

" cinctus gladio comitas," as the ancient custom was ; but he havhig no lawful
issue, he surrendered the fee of the earldom to Sir Thomas Stewart, Comes, Earl of
Garioch his son ; and failing his heirs male, to which it is limited, it is to fall to
the clown {a), which actually happened; for Thomas Earl of Garioch, the fiar of
the earldom, died before his own father, without any issue, so that upon the Earl's
death, in the 1436, according to the settlement of the estate, it came to the king;
not in virtue of any right, as is pretended by some of our historians, as being de-
scended in blood from the ancient Earls of Marr, whose daughter King Robert
the Bruce married, but because the descent of the estate in the limitation of tiie
charter earned it so. I beheve that Robett Lord Erskine and Robert Lyle of
Duchall were heirs of 'blood and line to Lady Isabel Douglas, Countess of Mair:
But she had given her estate to her husband, Sir Alexander Stewart, and he liad
prtivided it to the crown in failure of the issue male of the Earl of Garioch his
son, which happened, as we have said, in the year 1436, so that King James I.
came very lawfully and legally to the possession of the earldom of Marr, contrary
to what is asserted by some of our historians : But I will carry this remark no fur-
ther.

Johannes Comes de Buchan : This was the next great family of the Cumins of the
House of Batlenoch, he was Constable of Scotland, and Jasticiarius Galuidie. He
was inflexibly attached to the English interest in the time of King Robert the
Bruce, and strenuously opposed all the struggles he made for recovering the liber-
ties of his country ; for which he lost his estate in Scotland, and brought ruin oq
his family, and died a banished man in England.

Johannes Comes Atholie is the next in the list. This noble Earl, though he had
been in the English interest, yet he was one of the few of the nobihty who joined
King Robert the Bruce, when he set the crown on his head in the 1306. But in
the course of the war, falling into the hands of the enemy, he was by order of
the king of England sent prisoner to England ; and though, it is remarkable, he
was of the blood royal, and allied to the English Monarch himself, yet so inex-
orably was he set on rage, to revenge any attempt a Scotsman, of whatsoever qua-
lity, that durst attempt any thing to controul his conquest over Scotland, that he
ordered him to be executed with the rest of the prisoners. All the favour he had,
if it was a favour at all, was, he was prefeired to a higher gallows than any of his
countrymen ; so it may be well said he died a martyr for his country and the li-
berties thereof. His son, David de Strathbolgy Earl of Athol, was once in high fa-
vour with King Robert, who made him High Constable of Scotland ; but after
that, in the 1312, he revolted to the English, and was a strenuous and indefatigable
worker of all the michief to his country that ever fell in his way, or was in his
power : so his family was forfaulted, and the earldom of Athol was given to Sir
William Douglas Lord of Liddisdale.

After the Earl of Athol, the next in the roll is Gilbertus Comes de An^us; he was
an Englishmen of the surname of Umfraville ; he was forfeited and lost his estate
in Scotland by an article of the peace concluded with England a7mo 1327. It
was agreed that no Englishman should henceforth possess any lands in Scotland,
but such as should reside in that kingdom, and renounce their allegiance to the
crown of England ; by which all the Scots in the English interest were for ever
exiled : and then king Robert, to reward the merit of one of his own loyal and
well-deserving subjects. Sir Alexander Stewart of Bonkill, gave to him the earl-
dom and honour of Earl of Angus.

Malcolmes Comes de Levenax or Lenax. The first ancestor of the family of Len-
nox I find from any voucher of authority that 1 could well depend on was, Ayk-
frith or Egfrith, an Enghsh Saxon Lord, cotemporary with King Canute and
Edward the Confessor, was Lord of Dent Sadbergh. &-c. in Yorkshire (bj, he was
also seigneur of the baronies of Askrig, Holtby, Marnck, Burgh, llkton, Newton,
Tanfield, Wath, Melmerby, Normanby, &-c. all in the same county (c). He died pro-

ber in the register of King James I. (i) Thoresby Ducatus Leodiensis, page 71. (f) Extra,
ulgo vocat. Domesday Book, in Registro Honoris de Riclmiond, Appendix page 57.

ON THE RAGMAN-ROLL. ;

bably in t!ie latter end of EJwaid the Confessor, anno 1065, and was succeeded by
his eldest son

Arkyll or Arkill (c). Chevalier, as he is called in old records (d), he was posses-
S3r not only of the above baronies, but also of the lands of Hackforth, Hornby,
Laybrun, Brumpton, Cathorp, &.c. (e). He had also a very great estate in Nor-
thumberland, beuig called by Otdcricus I'itiiH;, a cotemporary writer, the most
powerful man in Northumberland, &.c. " Arkyllus Nordanhymbrorum potcntissimus
" cum rege concordiam fecit, cique tilium suum obsidem tradidit(y}." He married
Sigrida, daughter to a powerful baron in Yorkshire, Kilveitftlius Li^^ti/fi, by Ecfnda
his wite, daughter toAldwinus, Bishop of Durham; for the celibacy of the clergy had
not then obtained either in England or among us (j^). By her he had, first, Cospa-
trick, who married the daughter oi D'llpbinus Jilius Tor/mi, by whom he had a son,
Cvjspatrick, who was cotemporary with Simeon Dunelmensis. His posterity probably
ended in an heir-female, to whom Monsieur Adjin de Stavelay was heir (/>). Arkyll,
after he had fought stoutlv for two years for the honour, liberties, and indepen-
dency of his country against William the Conqueror, was constrained at last, in
the beginnmg of tiie year 1068, to submit to that victorious prmce, and gave up
his son, Cospatrick, as an hostage for his fidelity, who being young, was not con-
cerned in the rebellion of his father, by which means he kept a good deal of his
father's estate («'), who was forfeited and banished the latter end of that year up-
on the suppression of the Yorkshire Insurrection, in which he bore a considerable
share, as is mentioned by the above cited Oid,-riciis lltalis. " Eeodem tamen an-
" no, Arkyllus inter rebelles fuit Eboracenses, quibus profligatis, a conquestore in
" exilium actus est (k)." Upon his defeat in England, he, with many other great
men who had opposed the conquest, fled to Scotland to King Malcolm 111. who
that very year having married Margaret, sister to Edgar Atheling, the true and li
neal heir of the English crown, received all the Saxon exiles with open arms, gave
them estates in Scotland, and other rewards suitable to their birth and merit, of
which our Arkyll had his share. It is uncertain at what time this great man died;
but it is very clear and evident he was succeeded in his Scots estate by his son
Alwjne, or as he is designed in our most ancient and earliest vouchers, Alwynin
Mncarkyll, or, Alwynus fiUus Arkyll (/) : he appears soon in the reign of King'Da-
vid, being witness with Constantinus Cotn^s de Fyfe, in a confirmation by King Da-
vid to the monastery of Dunfermline, which behoved to be before the 1128, that
his son Earl Gilemichael is that year witness to the foundation of the abbey of
Holyroodhouse, Abbatia Sancte Crucis d; Edinburc (;«}. He is also witness to very
many ot the royal charters by King Malcolm IV. and was seemingly in the same
high degree of favour he had been with this king's grandfather. He seems to be
in a good degree of confidence with Kmg William the Lyon ; but the truth is, I
cannot precisely determine whether it was by King Malcolm IV. or his brother
King William, that he had the large and far extended territory of the Levenax or
Lennox erected into a comital dignity; yet sure we are, that if it was not by King
Malcolm, it was very early in the reign of King William, who came to the throne
in 1 1 65 : it is as uncertain the time of his demise; but it has bee soon after his
creation to be Comes de Levenax. He left behind him two sons, Alwiiie, his succes-
sor in the earldom, and Eth, or Etbus, as it is rendered in English Hugh, who is
witness in a charter of the lands of Meybotbel in Carrick, granted by Dtincinus
filius Gilbertii filii Fergusii, who himself was afterwards Comes de Cunick, to the
Monks of Melrose («) ; although this charter has no precise date, yet, by the Chro-
nicon de Melross, it appears to be in the 1193 (■) As to the posterity of this Elh,
I have found nothing certain, unless Dovenald U fitzMich.iel Mire de Levenax, after-
wards mentioned in this roll, be come of him; but this we olfer as a conjecture, and
no more.

(f) Extra, ex libra vulgo vocat. Domesday book, in Registro Honoris de Richmond, appendix page 57.
(</) Ibidem, (f) Es libra Doomsday. (/) Ordericus Vitalis ad annum 1068, Historic Normann.
Scriptores page 511. {g) Simeon Dunelmensis, page 80. (h) Registrum honoris de Richmond, appen-
dix, page 61. (/) Extra, ex libro Doomsday. (i) Ordericus Vitalis ubi supra, page 513, ac Simeon
Dunelmensis, ut supra, page 82. (/) Chartul. of Dunfermline, and the most of the other chartularies,
and royal deeds and grants of King David I. {m\ Chrunicon Sanct« Crucis de EJin. in Wharton's An-
gla Sacra. C) Autographum penes Comitcm de i\Ijrton. (0) Chron. de IVlelross, page lyy.

3

S fflSTORICAL AND CRITICAL REMARKS

Allulne, the son and heir of the former Allwine Comes de Levenax («), must have
been very young at the death of his father, for his ward was in the crown, and given
by King Wilham to his brother David Earl of Huntingdon and Garioch; for, in a
deed of inquisition concerning the \?inds oi Monach-Kenneran, super amnem de Clyde,
dated 1233, the monks of Paisley prove, by several witnesses, tliat their monastery
was in possession of these lands, " eo tempore, quo David Comes, frater regis Wil-
" lielmi, habuitetposseditcomitatum de Levenax {b);" which can be constructed no
other than that by the feudal law he had the ward ot the young earl at the time, till
he came to full age. This noble ancient Earl Alluine, designed_yj/w AUuini ConiUis de
Levenax, left a most numerous progeny of sons ; but his lady's name I have not been
able to trace out, of whom I shall treat in order of their primogeniture, as far at
least as can be guessed by their precedency in witnessing charters, and other pro-
bable conjectures : but we are sure his eldest son, and the heir of the family of
Lennox, was

I. Malduin ; of whom and his posterity more hereafter.

IL Duffxulliis, or Dugallus, who was Rector of the church of Kilpatrick (^cj j
but being a churchman he left no issue.

III. Malcolm, who got of the family the lands of Campsie, a part of the earl-
dom of Lennox in patrimony (dj. He had only one son, Finlay, commonly de-
signed Finlayus de Campsie, and Finlaitsfilius Malcolmi (f). This Finlay had only
three daughters who were co-heirs to him, as well as they are found heirs to their
great uncle the above Dugall, Rector de Kilpatrick {fy, first, Mary, who was mar-
ried to Johannes de Warderoba; second, Elena to Bernardus de Erth ; third, For-
veleth to Norinus de Monorgund {g).

IV. Amclick, who is, in old writs, called Havel, Hamelin, or Amelick {b), who got
from the family as a portion, the lands of Rosneath, in the earldom of Lennox,
and gave the church thereof in " liberam, puram, et perpetuam eleemosynam,"
to the abbacy of Paisley (/). He left two sons, Duncan and Amelick, filiiis Amelick,
vales, and, in old deeds, designed Amelick, junior, to distinguish him from his fa-
ther {k) : but we cannot trace their posterity ; for the lands of Rosneath, not long
after this, came to the Earls of Monteith, " et Maria Comitissa de Monteith" is
in possession of them in the beginning of the reign of King David Bruce.

V. Gilchrist, who obtained in patrimony from Malduin Earl of Lennox, his bro-
ther, the lands of Arroquhar in the upper part of the earldom of Lennox (/), and
was the ancestor to the Laird of Macfarlane ; of him more will be said hereafter,
as also of his posterity, who are now, for ought that yet appears, the only remain-
ing branch of this once great and flourishing family.

VI. Diincanus, whom 1 have found witness in a charter granted by his brother,
" Maldoneus Comes de Levenax, Umphredo de Kilpatrick, de tota terra de Colqu-
" houn {"')."

VII. Henricus, who is witness in a charter, whereby his brother. Earl Malduin,
gave to " Gilmore filio Maldonei, illam terram quae dicitur Luss («)."

VIII. Cbristiniis, who is a frequent witness to his brother Earl Malduin's char-
ters, particularly of one granted by him, " Mauritio filio Galbreth, de tota Carru-
" cata terraj de Cartonvenach (0)." These three last brothers had no posterity
that we read of. Earl Alluin's only daughter, Eva, was married to Malcolm, the
son of Duncan, Thane of Callendar, with whom he got from her brother the baro-
ny of Kilinsytb, in the earldom of Lennox, now the estate of Kilsyth, in the shire
of Stiriing {p).

To this Earl succeeded his eldest son

Malduin, or Maldoneus, or Maldwine Comes de Lennox, the third earl of the line,
about the end of the reign of King William. He was a great ben^efactor to the

(17) Cliartulary of Glasgow, in the custody of the Faculty of the University of Glasgow, (i) Chart.
of Paisley, (f) Chartulary of Paisley inquisitio, ad annum i 271. (</) Ibicitm. (f) Ibidem, and the
chartulary of Lennox. (/) Chart, of Paisley. {g) Ibidem, as appears from different charters there.
(A) Ibidem, and the chartulary of Lennox. {i) Ibidem, ad annum 1226. (/') Ibidem. (/) Charts
penes Waltenim Macfarlane, de ecdcm, ac etiam charta in publicis archivis. (m) Chartulary of Len-
nox, page 22, and 92. (n) Ibidem, page 25, (0) Ibidem, page 65. (/>),The original was in the cus-
iody of the late Viscount of Kilsyth.

ON THE RAGMAN-ROLL. c

See of Glasgow, and abbacies of Paisley, Arbroath, and Kelio (a). The last men-
tion that 1 have found of hi;n is in the 1250. He married Elizabeth, daughter of
Walter Lord Hi^;h Steward of Scotland, ancestor to the royal family of Stewart (i);
by whom he hid only one son, Malcolm, /i/w Maldwini Comitis, Lord of the Len-
nox, who died before his father anno 124S C^J ; and so was never Comes de Leve-
nox, but was father to Malcolm IL of that name, and the fourth Earl of Lennox.
He obtained a charter from King Alexander IIL erecting to him and his heirs a
large tract of grouird in liheram H'^aiennam, a free forestry, dated " apud Kyntore,
" anno 1272, sexto die Julii (dj." He is freq^uently mentioned in the second
volume of the Fvedsra, anno 1284 (f). He died probably in or about I28q, and
was succeeded by his only son

Malcolm, the third of that name, and the fifth Earl of Lennox, who was the
faithful Achates of King Robert L and had the honour to srick firm to his master
in all the adverse fortunes that befel him, when all his other subjects deserted
bim. Sir Gilbert Hay and Sir James Douglas only excepted. He was one of the
Scots earls who invaded England in 1297 (/) ; and, after a great many dangers he
had undergone in defeiice of his country, he was at last slain fighting gloriously
in the defeixe of the liberties thereof, at the battle of Halidonhill, near Berwick,
July 19. 1333 {j). He was succeeded by his son

Donaldus, Comes de Lennox, who is one of the Comites et Magnates Scotia, wha
grant a commission to divers plenipotentiaries to treat anent the ransom of King
David n. anno 1357 (/>). He died in 1372.

This Donald Earl ot Lennox was the first instance that I have ever observed that
broke in upon the old feudal constitution, and altered the succession, if it was
never so remote, from an heir-male to an heir of line and at law ; for he altered
the ancient investitures of his estate, that from the beginning of our law had been
\miformly limited to heirs-male of him that first received the feu ; and, instead of
suffering his estate and the honour, for these at that time were inseparable, to go
in the ancient channel to his cousin and nearest heir-male, Malcolm Macfarlane of
Arroquhar, the ancestor of the Laird of Macfarlane, he settled it on his daughter,
Margaret, and Walter, the son of Allan of Foscelyne, her husband, and their
heirs; which accordingly Duncan Earl of Lennox enjoyed, who was their son, till
he was attainted, and suffered, as in cases of treason, for being accessory to the
treason of the Duke of Albany, his son-in-law, in 1427 : so the heir-male of the
most ancient race of the Earls of Lennox is Walter Macfarlane of that Ilk ; and,
as such, wears the principal arms of the family, the cross ingrailed betwixt the-
four roses.

The next great man that made his submission in the Ragman-Rol!, is IValterus
Comes de Monteith, who was a Stewart by blood, and brother to the Great Steward
of Scotland, and came to be C-^mes de Monteith, in right of a lady the heiress, his
wife. He left the surname of Stewart, and his sons assumed the name of Mon-
teith, and were spread into seveial noble branches as the Monteiths of Rusky, and
the Monteiths Lords of Arran, Dominiis de Arran li Knapdale(i), as we see them de-
signed. The race of those Earls ended in an heir-female, who married Sir John
Graham, who thereby became Earl of Monteith. He was executed in England
after the battle of Durham, by a special commission from the crown of England
for that effect (k), anno 1346. By his heir-female the earldom came to Robert
Stewart, the second son of King Robert IL who, upon that, was Comes de Monteith,
after that Earl of Fife, and then Duke of Albany. He was regent during the
captivity of King Jamc: L from the 1406, till his own death 1419.

Oi Johannes Cumine, Dominus de Bndenoch, and Jacobus Senescalh/s Sootier, we
have already treated.

(a) Chartularies of Glasgow, Paisley, and Arbroatli. (i) aiartulary of Paisley. (f) Autogra-
phum peues-Ducem de Montrose, (i/) Chartulary of L'^nnox. (c) Rymer, ut supia. (/) Walsing-
liara," Matthew Westminster and Henry Knighton. (/) Henricus de Knighton, inter decern scriptore"
Anglia:. (A) Rymer, tcm. 6. p. 43. (/) In the Registers, (f) Focdera Angliie.

Vol. IL 7 Q^

10 HISTORICAL AND CRITICAL REMARKS

Next to them is recorded J'VUUelmus de Soiilis, and Joj^nnes de Soiilis. I take
them to be brothers; the eldest, WilHam, is Dominus de Lydisdale; they were great
men in the south ; but inflexibly all attaclied to the English side, for which they
lost their estate, that, by gift and donation of the crowji, came to Sir William
Douglas, son to Sir James Douglas de Laudonia, of whom our histories are full,
by the designation of Dmiinus Fallis de Lydal; and, for his bravery, distinguished
by the title of the Flower of Chivalry.

Willielmiu de Sancto Claro\ I take this gentleman to be a branch of the Sinclairs:
but neither the families of Roslin nor Kermiston.

Radulpbusde Hauden, i. e. Haldane, orHaden, of that Ilk, was a very ancient fa-
mily in Teviotdale, now extinct. The heir of line was married to John Haldane
of Lanrick. Gleneaglesis very justly reputed an ancient funily; they have a char-
tei; from King William, " Rogero de Hauden, de tota terra de Frandie in Glen-
" dovan, per rectas divisas suas, in feodo &■ h;';veditate. Testibus Mattheo Epis-
" copo Aberdonen. Comite Duncano, Comite Gdberto, Ricardo de Preb;nda, Phi-
" lippo de Valoniis Camerario meo, Willielmo Cumine, Johanne de H:isting, Ma-
" lisio fratre Comitis Gilbert!, Malcoimo filio Comitis Duncani, ^A'illieimo de
" Valens, David de Hayia, Alexandre filio Thori, apud Clacmanan." The family
rose gradually to be one of the most considerable in the kingdom, chiefly by mar-
riage. Sir Smion, one of the heads of the family, got an estate in Perthshire, by the
marriage of a lady, who was named Matilda de Arnoits, L e. Arnot. In little more
than a century after that, Jolm Haldane, son and heir apparent of Sir Bernard
Haldane of Gleneagies, got tlie fourth part of the earldom of Lennox, by the
marriage of Agnes Monteith, daughter and co-heir of Robert Monteith of Rusky,
:ind of Elizabeth, one of the daughters of Duncan, the last of the race of the Earls
of Lennox. He was in high favour with James III. who gave him charters of a
part of the earldom of Lennox, with some specialties, intimating, that his lady.
Dame Agnes Monteith, was a co-heir to her grandfather, as I apprehend. He was
sent ambassador to the crown of Denmark ; he was sheriff-principal of the shire of
Edinburgh; and, in the 1482, with George Lord Seaton, Alexander Ramsay of
Dalhousie, and Robert Logan of Restalrig, are made joint captains, chieftains,
keepers, and governors of the town- of Berwick, and to defend it against the in-
vasion of our old enemies of England. James Haldane of Gleneagies, his son, in
the 1 8th of King James IV. is made Keeper of the King's Castle of Dunbar, and
is allowed to take out brieves from the Chancery, for serving him as one of the
heirs of Duncan Earl of Lennox, 1473. He had a long and tedious suit at law
with the Lord Darnly anent the superiority of the Earldom of Lennox ; and
when these disputes came to be settled and adjusted, then he assumed the quarter-
ed coat of the House of Lennox and Monteith, in the second and third quarter of
his achievement, which is still borne by his lineal heir Mungo Haldane of Glen-
eagies without a^y variation.

In the same deed of submission there is Pntricius Graham, who is the head of the
Kincardine family, the illustrious ancestor of his Grace the Duke of Montrose, who
were raised to be Earls of Montrose by King James IV. in 1505, Marquis by King
Charles 1. in the 1644, and Duke by Queen Anne in the 1706.

After Fatricius de Graham there is Thomas Randulphi; this is that great patriot
Sir Thomas Randolph, nephew to King Pvobert I. by whom he was afterwards me-
ritoriously raised to the dignity of Earl of Murray, Lord of Annandale, and of the
Isle of Man, whom all Scots historians, ancient and modern, extol above all others,
for warlike honour and glory, next to King Robert himself. He died Governor of
Scotland in the minority of King David II. anno 1331. The historians seem to
have an emulation, and vie with one another who can do most honour to the va-
liant and ever renowned Earl of Murray, and transmit his fame to posterity, with
the praise and merit he so highly deserved. His son, John Earl of Murray, a hero
like himself, was slain at the battle of Durham, anno 1^46, with this circumstance
of regret, that he left no issue to inherit the virtues of their noble progenitors,
from whom they derived so much honour along with their blood.

Alexander de Baliollo Camerarius Scotiae, in the same roll of fealty. He was
Baron of the barony of Cavers in Teviotdale. He was a son of the Baliol family,

ON THE JIAGMAN-ROLL. ' ii

♦

■ and i-; designed Baron of Cavei-s in many authentic voucliers in Rynier and the
chartnlaries, as may be seen by more vouchers in the Life of Alexander BuHol o;'
Cavers, Chamberlain of Scotland, in the Lives of the Ollkers of State, p. 266.

Johannes Sinescalli; this is John Stewart of Bonkill, and in other places of this
record, where he made his submission to the King of England, frater germanus
Jacobi Senesc'/l/i Scotiae.

IVilliehniis C'lmine, who is of Kilbride, in Lanarkshire, whose son, John Cumin,
was forfeited for adhering to the English, and the barony of Kilbride was given
by King Robert L to his grandson Robert, Steward of Scotland, afterwards King-
Robert 11. Robert in. in the 1404, gave the barony of Kilbride, JaccM Senes-
callo filio suo.naturali, who is designed D'lminus dc Kilhrydc, in several charters and
other deeds I have seen, to which his seal is set, the lion of Scotland, within the
ttessure, as in the royal bearing, within a bordure cheque of the Stewarts (;'/).
His issue failing, the lands fell back to the crown, and became a part of the prin-
cipality.

Ingelrrimus de Umphravlh was a branch of the Umfraville family that were
Englishmen, but possessed of a great estate in Angus, and elsewhere,- which they
lost, because they would not renounce their allegiance to England, and turn honest
Eicotsmen. In the rolls of King Robert 1. there are charters of land granted by
that prince, upon the narrative, that the lands had formerly belonged, and forfeited
to the crown, by the attainder of Ingelramus de Umphravile.

IWliehmis de Moravia de Tollybardine; this is the ancestor of the House of Tul-
libardin, now arrived to the dignity of the dukedom.of Athol; of whom already
in these remarks.

Radulphus de Craijufordex this is the same gentleman whom we find in another
place of this record intitled, Reginaldus de Crawford, del Cjiite de Air, and who is
Vicecomes de Air. "He was the head of the great and ancient family of the Craw-
furds of Loudon, whose ancestor, Reginaldus de Crawford Vicecomes de Air, anno
:tZ20, was the first of the name who was bavon of the barony of Loudon, which he
j>rocured by the heiress of Jacobus de Loudon, in the reign of Alexander 11. or may
he sooner.

Hugh de Crawford, his eldest son, is designed Hugo fdius Rcginaldi de Crawford,
who, with his father and other great persons, is witness tg the charter by " Wal-
" terus Senescallus ScotifE, Deo &- Beat:e Maria? de DalmuUin, de terris &• pastura
" de Druraelly." He had also, by the grant of " Allanus filius RoUandi de Ga-
*' louyeia, pro horaagio et servitio suo terras de Monoch per divisas suas," which
is ratified by a charter of King Alexander II. " apud Cadichow, ultimo die Mali
" anno legni nostri duodecimo," i. e. 1226 (^b). The same Hugo de Crawford is one
of the Magnates et Barones Scotiae who put themselves into the protection of the
King of England, in the commotions that then happened, 1255. He had ano-
ther charter from the great Constable his superior, " de tota terra de Crosby,"
which is still enjoyed by his descendants the Crawfurds of Auchinames (c).

To this first Hugo de Crawford succeeded his son the next B/iro de Loudon, who
is de';igned Hugo de Craizford, filius Hugonis d^ Crawford., when he gives by his
charter, " Reginaldo fratri suo certas terras, quas ille tenuit de Domino Rogero
<' Comite Wintonie." He, Hugo de Crawford, settled a contest with the Abbot of
Kelsa, " cum consensu Alicie sponsas sure," to which he, Dominus Hugo, appends
his seal ; and because Reginald, his son, had not a seal of his own, he uses the seal
Domini Simonis Fraser, anno 1271 (^/). He, Reginaldus de Crawford, was l^icecomes
de Air, in the competition for the crown betwixt the Bruce and the Baliol; and
when matters came to a crisis, in the event of that contest, no Scotsman ever
acted the part more of a firm and inflexible patriot than Sir Reginald Crawfurd,
or was more firm in asserting, with zeal and intrepid courage, the liberties of his
country; so that he was an eye-sore to the English, and all that were in their
interest through the west. True it is, that at the first breaking out of the war,
he was carried down with the stream of complying with England, and gave his

(fl) In the hands of the Laird of Eamock. (^b) Penes Comitem de Loudon, (f) Ibidem, {fl") Char-
tulary of Kelso.

12 HISTORICAL AND GRlflCAL REMARKS

oatli oi" fidelity, as most others did, to the victorious King Edward ; but honestlv-
apprehending that obligation to be of no force, he joined with the very first oi'
those v-'orthy patribts who set up to recover and redeem their sinking liberties.
The general ol' the English forces pretending and suing for a truce, it was inti-
mated to Sir Reginald Crawfurd; he and his friends, suspecting no treachery, since
they had all the assurances the faith of man could give for their security. The
Barns at Ayr was the place of meeting; but he was no sooner entered mto
the place, than, without so much as the form of justice, he and Sir Allan Mont-
gomery were presently put to death, and executed as traitors to the King of
England; tiiis was in the year 1297. He left a son and heir, named Sir Ronald,
or Reginald, called Sir Ronald the younger, who was just such another patriot for
the defence of the liberties of his distressed country as his father had been. He
was among the first of his countrymen who joined Sir William Wallace, and was
with him in all the dangers he was expo«ed to, till he laid down his commission.
Sir Ronald Crawfurd was among the first who resorted to King Robert, when he
set. to recover the lost liberties of his country, as well as to maintain his own right;
but being quickly after that detached with a party into Galloway, with two of the
king's brothers, Thomas and Alexander Bruoes, they were attacked by a strong
party of the enemy, under the command of one Duncan M'Dowall, who defeated Sir
Ronald and the two Bruces, and were all three sent to London prisoners, where
they v/cre condemned to death and executed in the 1306 (a), without respect ei-
ther to their merit or quality, which lays a great load on the memory of that king,
who could destroy and cut off such men, Vthose only crime was, they were strenu-
ous supporters of the liberty and independency of their country. This gallant
man left only one daughter, his sole heir. Dame Susan Crawfurd, who married Sir
Duncan Campbell, son to Sir Donald Campbell of Red-Castle, whereupon they
have an investiture under the Great Seal of the great estate of Loudon to them
and their heirs; which failing, to the lady and her heirs, though part of the char-
ter (b) runs thus, " Robertus, Dei gratia, &c. Sciatis nos dedisse, St concessisse
" Duncano Campbel, militi, omnes terras de Loudon &- de Stenston cum perti-
" ncntiis, in Cuningham, prasdictis, Duncano & Susannae sponsae suje hsreditarie
" contingentes ratione dictae sponsae tenen. &• haben. eidem Duncano &- Susanna;
" sponsffi sucE &- eorum hxredibus inter ipsos legitime procreatis, in unam inte-
" gram hberam baroniam, &-c. Si vero contingat prcedictum Duncanum in fatis
" decedere, nullo hserede relicto superstite inter ipsum £t pra;fatam Susannam le-
" gitime procreate, volumus quod praedicts terra; cum pertinentiis ad praefatam
" Susannam &• propinquiores hccredes suas sine aliqua contradictione revertantur;
" apud Penycook quarto die Januarii anno legni nostri duodecimo." The next
after Sir Reginald Crawfurd is

Henricus de Sancto Claro: This was the heir of the great family of the Sinclairs
of Roslin, who not only overtopped the other families of the Sinclairs who were
equal to them in antiquity, but most of the noble famihes in the kingdom, for
they were Earls of Orkney and then of Caithness : The last great man of the fa-
mily broke his estate, in a great measure, by passing by his eldest son in the suc-
cession, and giving the fee of the earldom of Caithness to one of his sons by a
second marriage, and the rest of his estate to another son of the same marriage:
But, after the father's death, the brother, who got the earldom of Caithness, kept
the estate he had got ; but the other brother. Sir Oliver Sinclair of Roslin, having,
it seems, a thorough conviction in his own conscience of the injustice his father
had done to the eldest brother, generously gave him back the estate of the fa-
mily in Fife ; after which Sir Henry Sinclair, son of Sir William Sinclair, the
eldest son, became, as the act of creation bears, and which is an act of Parliament,
chief of the blood, and heir to his grandfather, and is created and nominated in all
time coming to be Lord Sinclair, mm 1458. Ot this noble lord the Sinclairs' fa-
mily are the lineal heirs, and consequently chief of the illustrious family of the
Earls of Orkney and Caithness. The records, after Sir Henry Sinclair, miles, adds
Cteterique Barones Regni Scotia.

(a) He left a daughter. This passage is from Dr Mackenzie. [b) Charta Comitis de Loudon.
I

ON THE RAGMAN-ROLL. 13

On the 5th of July anno 1291, the author remarks that " Nobilis \ir Willicl-
•' ma' de Duuglas in capella manerii Domini VValteri tie Lindsay apvul Thurston,
" ven t St lidelitatem fecit Domino Regi Angliie, ac superiori f*. dirccto Domuio
" Regni Scotiie," before and in presence of Antiiony, Bishop of Durham, and Allan,
Bishop of Caithness, who was then Chancellor. This is the famous Sir William
D'>u.:^las of tiiat Ilk, Dominus ejiisdem, as 1 see him designed. It is true this brave
gallant man fell off from the English again ; but the truth is, he was forced to
make a second form of submission to the K.ing of England, though it was much
against the gram with him; suspecting he was n€ver true to them, tliey imprisoned
him in Berivick, where he died, anno 1303. He was happy in two noble sons, Sir
James, Lord, or Djininus de Dyji^las, and Sir Archibald, another hero, who was
Guardian of Scotland in the minority of King David the Bruce, and lost his life
at the battle of HahdonhiU in the 1333. It is a common mistake that he was
ever Dominus Gduidie, or had any pretence of a title to it, it was another Sir
Archibald Douglas that got the Dominium G iluidie from King David, in the 1371.
The gentleman, in whose chapel at Thurston Sir William Douglas gave his oath
of fealty and submission, was Sir Walter Lindsay of Thurston and Craigie, a very
ancient tamily of the Lindsays, which, in the days of King Robert IL by the
heir-female of John Lindsay of Craigie, came to Sir Hugh Wallace of Riccarton,
of whom flowed the 'Walhues of Craigie, who carry the coat of Lindsay in the
first and fourth quarter of their achievement.

On the 8th of July the King of England being in Castro ptiellarum, that is the
castle of Edinburgh, there swore allegiance to him Alum, Abbot of the Monastery
of Holyroodhouse, near Edinburgh, ^ Dominus Ricardus Frisel ; who this gentle-
man is I cannot say, the noble surname of Eraser were then so numerous, if he be
not the proprietor of Makerston, which came to the Erasers by marriage of the
heir of the Corbets; but as to this I dare not be positive.

At the castle of Strivelyn, (Stirling), July 12. swore Mlliam, Bishop of Dumblane,
and Midise Earl of Strathern. He was a very loyal patriot, and had a son, Malise,
who was his successor in the honour, and was that Earl that was forfeited by Ed-
ward Baliol, as the pretender to the throne of Scotland, in 1332, and the earldom
of Strathern, as far as his gift and donation could go, was bestowed on the Earl of
Warren, an English lord, who thereupon is designed Comes de Strathern Ifl Comes
de Surry (a). But it is certain he never was forfaulted, I mean the Earl of
Strathern, by any legal king of Scotland: However, though he left several daugh-
ters by his lady, who was heir of the earldom of Caithness, yet none of them
succeeded him in his dignity of Cjmes de Strathern ; it came to his nephew Sir
Maurice Murray of Drumsargard, who, in sundry deeds, authentic vouchers, and
records, is designed Mauritius de Moravia, Comes de Strathern; but he being slain
at the battle of Durham, the honour went no farther in that race.

Galfride de Moubray. or Godofridc Moubry, was Baron of the baronies of Dal-
meny, Barnbougle, and Inverkeithing ; he, and his friends the Mowbrays, in those
times, were sometimes in the interest of their country, and sometimes on the
English side; sometimes forfeited for their disloyalty, sometimes restored again,
through all the reign of King Robert L and a part of his son's David IL ; at last
they turned loyal and got back their estate, and were great barons, by the title of
Barnbougle, and Domini de Innerkeithing . The direct male of this great tamily of
the Mowbrays of Barnbougle subsisted till King James V.'s time, thnt Sir John
Mowbray of Barnbougle left a daughter, his heir, who married Robert B irton, son
to Sir Robert Barton of Over-Barnton, by Dame Elizabeth Crawfurd his wife, who,
"by act of Parliament, changed the surname to Mowbray. In this line the House
of Barnbougle lasted till after the restoration of King Charles IL The heir-male,
and the true representative of the great Lords of Barnbougle, and Domini B ironle
de Innerkeithing, is the branch of the Mowbrays of Culcairny in p'ife, in the
barony of Inverkeithing; their ancestor, from the original charter of the lands,
I have seen, is granted by Sir John Mowbray of Barnbougle, to William Mowbray

',a) Rymer and Dugdale.

Vol. IL. 7 R.

i^ HIITORICAL AND CRITICAL REMARKS

patruo suo, his father's brother, in the 1511, from whom, in a very distinct and
accurate progress, is lineally coaie Robert Mowbray, now of Culcairny.

Wdlleimus de Rothein; that is plainly the name of Ruthven, who were a great
family, and an ancient house, and had long continued in Perthshue: Their ances-
tor was a great man, Suanits Jiliits I'bori, who had a patronymic name before they
Took the name of Ruthven ; they rose to be peers in the 1487, and to be Earls of
Gowrie in 1581, and fell by that execrable attempt the two brothers made to have
bereaved King James of his life, at the Earl of Cowrie's own lodging m the town
of Perth, the 5th of August 1601; for which, by act of Parliament, the surname
Avas discharged, and the 5th of August appointed for ever to be a day of thanks-
giving for his Majesty's merciful deliverance.

On the 17th June at Dunfermline, then severals gave their oath of allegiance
and submission to King Edward 1. Ridulpbus abbot of Dunfermline, y Nubilis Vir
Dominus Andreas Fraser. This was another branch of the great and splendid
House of the Erasers of Olivei-Castle, and Sheriffs of Tweeddale : This Sir An-
drew was Sheriff of Stirling, and Djtninusde Touch, which afterwards came to the
Hays of Tullibody, and by marriage of Egidia, daughter and heir of John Hay
of Tullibody, that estate came to Alexander Seaton of Gordon, the first who was,
in the reign of King James II., invested in the honour of the Earl of Huntly, 1449:
By this lady he had a son, Alexander Seaton, who in many deeds extant is de-
signed " lilius et haeres apparens Alexandri Seaton de Gordon ;" he gave to his
eldest son the estate of Tullibody, Touch, and the barony of Gordon in the south.
He kept the surname of Seaton, and quartered the arms of Hay with those of
Seaton, of whom, in a lineal course of succession, is the present Seaton of Touch.
The first Earl of Huntly took the fancy to change his name from Seaton to Gor-
don, and got the estate and the honour of the earldom of Huntly limited to him,
and the heirs-male of his second marriage, with a lady of the House of Crichton.
His lineal heir, flowing from the second marriage, is his Grace the Duke of
Gordon.

Willielmus de Hayia, I have very probable grounds of conjecture, is the ancient
family of the Hays of Naughton in Eife, which came afterwards to the Crichtons
by marriage, from whose heirs the estate was purchased by Mr Peter Hay of the
Hays of Megginch in Perthshire.

Andreas de Moravia ; There are so many great men of the name of Murray at this
time that it is hard now to distinguish them. Who this gentleman precisely is, I
cannot say.

Next to him is Constandnus de Locbore, Vicecomes de Fife ; a very learned author
says, he was Vicecomes de Fife in 1290, and had his residence in that county ; the
estate of the Lochores of that Ilk, in the reign of King Robert I., went by mar-
riage to Adam de Valoniis, whose heritage, in the succeeding reign, came to heirs-
female. The eldest was married to Henry Waidlaw of Tony, and that way got
the estate of Wester-Lochore ; the second to Roger Boswell, the ancestor of the
Boswells of Balmuto, and got mat way the estate of Auchterderran, Glassmont,
and Muircambus : the third daughter, and heir of Lochore, was married to Sir
Andrew Livingston of Drumray and Easter- Wemyss, and got that way the half of
Auchterderen.

19th July, In capella de Kingborn, Dominus Jjhannes de Moravia, wlio is
Murray of Drumsargard, of whom is come the Murrays of Abercairny.

Michael Scott. This is the ancestor of the once great House of the Scotts of Bal-
wyrie in Fife, who were surpassed by few families there, eithei for antiquity or
grandeur. They were come of Sir Michael Scott, in tlie reign of King Alexander
II. who is witness to the charter by that prince to the abbey of Kinloss («}. He
got the estate of Balwyrie by the marriage of the heir of Richard de Balweiry, and had
that famous knight Sir Michael Scott of Balwyrie, who, with Sir Michael Wemyss,.
w'as sent to bring over from Norway the young Qj.ieen Margaret, the grandchild
of Kmg Alexander III. He, or his son, another Sir Michael Scott of Balwyrie^

(<?) Dalrymple's Appendix.

ON THE RAGMAN-ROLL. 13

was sent ambassador from King Robert L to demand the arrears fr.^m the King of
Norway ; another of them, Su- Michael Scott of Balwyrie, was sent to Enghuul
in place of another of the Hostages of K.ing James L Sir William Scott of Bal-
vyrie was slain at FlodJen. Sir William, his son, was conjunct Justiciary with
the Earl of M iiray and the Lord Ei'-kins, before it came to be hereditarily vested
in the House of Argyle. Mr Thomas Scott of Pitgorno and Abbotshall was a
brotlier of tiie family, he was Justice-Clerk in King James Vs. time. Tlie family,
though they be long out of the estate, are still represented by Scott of Ancrum,
baronet, in Teviotdale (/;).

Ivjnede Kinross is after Sir Michael Scott ; The estate of Kinross was at this
time, and afterwards, possessed by those of the same surniune, and those of the
surname had latelier the lands of Kippenross.

Thomas Kier. Who this is I cannot say ; but he has been a man of rank and con-
dition, for, being the last in that roll, mUitibus is added to them, which imports they
were knights.

jipuci S inctum Amlream. There swore to the King of England the usual oath of
submission, •' Joiiannes Prior Sancti Andreie, una cum nobilibus viris. Domino
•' Adam d; Ratrief ;" This is the head of the ancient family of Rattray of that
Dk, in Perthshire, which subsisted till king Ja ncs V.'s time, that the heiress was
married to the Earl of Athol, and Rattray of Craighall is tiie heir-male.

Witlielmus de Maulia is the head of the family of the noble Earls of Panmure,
who have been a family subsiscing from King Malcolm's time, though they did
not attain to the peerage til! the 1646. Patrick Maule of Panmure was created
Earl of Panmure, See the Feerage of Scotland, and Lives of the Great Chamber-
lains, where a full account is given of this noble family, to which I can add no-
thing, save that this WilU'tvi ds Maulia de Panmure, had a discharge for a part of
bis relief from the King of England, apud Bornie, ximo die Julii.

Alexander de Abernethy; this is the knight of Banbriga who, in the reign of
King Robert I. gave his estate to his three daughters, co-heirs, the Countess of
Angus, the Lady Crawford, and the Lady Rothes.

Hugo dc la Hay; the surname of Kay is at this time so very numerous, that it is
hard to distinguish them, but where their local titles are added, as Errol, Loch-
quhaiTet, Naughton, &.c.

Henricus de Anstruther ; this is the predecessor of the most ancient family of
Anstruther of '.hat Ilk, in the county of Fife, where they have been seated for
many centuries past ; they seem to be the original possessors; and when surnames
turned common, they have taken a name from their own estate.

JViHielmus de Candda B'jminus de Anstruther is a donator to the abbacy of Bal-
merino, in the reign of V/illiam, founded by his brother David, comes, who was
Earl of Huntingdon in England, and Carioch in Scotland. Henry, his son, is de-
signed fdius IViUielmi de Candela, Dominus de Anstruther, when he contirms his
fathers gift to Balmerino, 1221.

Henry de Anstruther was his son, who gives his oath here of fealty to King
Edward of England, 1292. From this Henry the family of Anstruther of that
Ilk have a succession, and a series of their House, down to the present worthy
representative of the family. Sir John Anstruther of that Ilk, baronet, with their
alliances, and the several honourable ollices they have executed tor a great while
ago.

'Johannes de la Hay ; neither do I know who this Hay is, et Robertus de Betbune
mUitibus. This is the ancestor of the Bethunes of Balfour. This is the same Ro-
bertus d ■ Bethune whom the learned Mr Rymer mentions as doing homage to the
King of England, for lands he held of the crown in the 1296 ; they are said to be
of French extraction.

The first I have found is Robertus de Betbune, in the reign of Alexander III.
witness to a charter by Rogerus de ^uincy. Comes de Jf^incestre, to Seyer de Seaton^
ef an annuity out of the mill of Travernent. They got the lands of Balfour by

(!') Nisbet's Heraldry.

10 HISTORICAL AND CRITICAL REMARKS

marriage of the heiress of the same surname, and a family of high antiquity,
daughter of Sir J-jhn de Balfour de eodem. There is a charter in the rolls by
King Robert II. ratifying and confirming a deed and grant, " (^os Duncanus
' Comes de Fife dedit et concessit Johanni Beaton, de totis et integris terris de
" Balfour et de Newton, et de Calile, in vicecomitatu de Fife jacentibus. Apud
" Edinburgh, decimo octavo die mensis Maii, anno regni nostri septimo." The
Liird of Balfour is the lineal heir-male of the family : I'he character of the fa-
mdy was highly raised by the many great churchmen it produced ; some of
them bishops, archbishops, cardinals, and abbots of monasteries, &.c. More
of them may be seen in the Lives of the Officers of State, to which I must
refer.

July 23. at the monastery of Lindores, there came and swore allegiance to the
King of England, John, abbot of Lindores, the head of the convent ; but who he
is I cannot say, L-? nobiles viri.

I'Villielmus de Fenton et Simon Freshele ; these two gentlemen are from the north,
and were, as I take them, two of the heirs-portioners of the House of Lovat, of
the race of the Bissets; we find in the chartulary of Murray, in 1222, nobilis vir
Johaiuies Bisseth, Dominus de Lovetb. The family came to be divided into> ]three
parts, and the estate along with it, by three daughters, viz. Mary, who man-ted Sir
David Graham, knight, a brother of the Kincardine family, who is on that design-
ed Dominus de Loveth (f). The second, Cecilia de Bisseth, was married to Sir Ml-
liam de Fenton, and is designed Dominus de Beufort (d), and is the same person
that swears the fealty to King Edward. Elizabeth, the third daughter of Sit John
Bisset, was the wife of Sir Andrew de Boscho, Dominus de Redcastle ; and had a
daughter, Maria de Boscho, as she is called, who is designed Domina de Kilravock ;
which lands and estate she brought to her husband, Hugh de Ross, from the south
country, as from his armorial bearing, the water-budgets ; of whom is come Hugh
Ruse of Kilravock (e).

Simon Freshele, i. e. Fraser, for what I know, may be one of the noble ancestors
of the Lord Fraser of Lovat. They seem to have had right to a part of the estate
that was the Bissets', and after them the Grahams', though I have found no Fraser
expressly designed of Lovat till the 1367, that Hugo Fraser, Djminus de Loveth,
does homage to the Bishop of Murray, for lands and fishings tie held of the See
on the water of Forn. I cannot see when precisely this noble family came to the
peerage; they might be promoted to the honour by King James I. after the 1430;
yet we have no positive voucher, that I have seen, that this great family are in
the quality of peers, till the time of King James III. anno i^'j'2,. The lineal heir-
male of this noble family, to this day, inherits the estate and honour of his illus-
trious ancestors ; and may they enjoy them, by an uninterrupted race and line in
the ancient channel, to latest posterity.

On the 24th of July, the whole community of the burgh of Perth made their
submission ; and the same day in ecclesia fratrum prtedicatorum, the convent of
the Gray-Friars, Andreas Abbas de Cupro, Maria Regina de Man, et comitissa de
Stratbern. This lady was the daughter of Alexander de Ergadia, Dominus de Lorn,
and widow of Reginald, King of Man. ' Her relations were all deeply engaged in
the English interest; she was the second wife of Malise Earl of Strathern: This
IS the same lady, as I conjecture, who, long after this, in the 1320, entered into
a conspiracy against King Robert the Bruce ; for which this lady, and several of
her accomplices, were attainted. This 1 take to be the story, ill vouched, of a
daughter of the Earl of Strathern, that was married to the Earl of Warren, air
English lord, for which she was forfeited. Of this part of the traditional story
there is not one true word ; for the Earl of Strathern, at this time, was never for-
feited by any lawful authority ; for no man whatsoever was a more dutiful loyal
subject to king David ; and for his being forfeited by the usurper Edward Baliol,
and the earldom given by him to the Earl of Warren, had no eftect, and he
continued in the full and peaceable possession of his estate ajid dignity till th&
end of his life.

("fj Chartulary of Murray, and. Kilravock's wnts. (d) Ibidem. (■<>_) Ibidem.,

3

ON THE RAGMAN-ROLL. 17

Johannes Camhrun, who in otlier deeds is designed Dominus de Balygrenoch ; but
what connection there is betwixt hini and the Cainerons of Lochiel I cannot say,
and shall not ofter my own conjecture.

Thomas Abbas de Scoon, et pntseiuc Dovenalde Comite de Mur ; this is the Earl
of Marr, as we observed, who was slain afterwards at the battle of Duplin.

Malise Comes de S'rathcin ; this was Earl Malise, called the elder, who died in
1300, and left the loval Earl Malise, the last of the race: J he earl that we re-
marked was forfeited by Edward Baliol, but never by King David, as some through
mistake have asserted. He died without issue-male ; and though he had several
daughters, Isabel, who was married to the great fa:nily of the Sinclairs, yet upon
his death the title of honour did not descend to heirs of line, but was given by
the crown to a nephew of his, by his sister, Sir Maurice Murray of Drumsargard,
■who is Comes de Strathern, from the 1343 (a), till his death at the battle of Dur-
ham, three years after. I can assign no reason why his heirs of line and at law
did not succeed upon the total failure of the males of the first of the family, who
received the feu : but it cUn be no otherwise accounted for, than that the dignity
of Strathern, being a very ancient feudal honour, it was limited only to males; and,
in failure of these, as has been the case here, xht feudtim, the feu, the hereditary
honour, reverted to the crown ; and, being in the disposal of the sovereign, it was
disposed of to the nearest relation of the family that was a male, though he was
not the heir-male.

The 23d of July those gave their oath of fealty, John de Ergadia, flius nobilis
viri Alexandri de Ergadia; this was the great Lord of Lorn, who was deeply en-
gaged in the English interest, being of the kindred and aUiance of the Cumins of
Ba^denoch: However, afterwards they turned better and more loyal subjects to the
Brucian kings, and came to enjoy their estate peaceably.

Eugene, or Ewen, of Lorn, left an heir-female, who, in the time of King Ro-
bert IIL was married to John Stewart of Innermeth, knight, son and heir of Sir
Robert Stewart of Shanbothie and Innermeth, who, upon this, we find in authen-
tic vouchers, is designed Johannes Senescallits de Innermeath, Dominus de Lorn, anno
1407 {b).

July 29th, the King of England being in the castle of Edinburgh, there did ho-
mage to him John, Abbot of Newbottle, Walter M agister Domus de Ballincreif;
what was the nature of this House, I cannot say. Ralph, master of the House of
Soutra, or " Magister Domus de Soutray, & eodem die & loco." Alexander,
Prior of the Hospital of St John of Jerusalem; of which I can give no more than
the common account of the order, which is not necessary here; " Brian preceptor
" militiae Templi in eodem regno." The account of the Templars is so well
known that I need say nothing of them here.

On the 1st of August, at Berwick, there did homage to King Edward Henry
Ep'tscopus Aberdeen. His name was Cheyne, of the House of Inverugie, and ne-
phew to the great Cumin of Badenoch: Li the heat of the war he fled to England,
but afterwards made his peace with King Robert, who allowed him to return to
the exercise of his function, which he exerced to his death in 1328.

Robertas Episcopus de Ross; he is not insert regularly in Archbishop Spottiswood's
list; I think the learned reverend author has not placed him in the succession
right ; for he, Robertus Episcopus de Ross, in 1290, who, with others of the clergy, ad-
dress the King of England for a marriage to be contracted betwixt the prince his
son and Margaret the maid of Norway, the young Queen of Scotland, anno 1290;
and, with him, there did homage, nobifis vir IVillielmus Comes de Ross. This Earl
made a considerable figure after this, in the struggles we had with the English, for the
liberty and independent rights of the crown and kingdom of Scotland. His fa-
mily allied with the Bruces the Earls of Carrick ; his lady was sister to the king,
which made the Earl of Ross a firm and faithful friend to King Robert.

PViUielmus de Moravia, miles; this I take to be the same great and illustrious
person who, in the same record, in another place, is designed D minus de Bothwel ;

(a) Charter of the Earl of Sutherlands. {b) Rymei's Foedera Angliat.

Vol. IL 7 S

i8 HISTORICAL AND CRITICAL REMARKS

for that family still retained, after tlicy came to settle in the south, a great estate
of land in the north, in the shire of Murray ; for the same persons, in many in-
stances, swore in different counties where their estates lay.

Divid de Graham; this is for certain the Sir David de Graham, designed Dominui
de Loveth, who is brother of Sir Patrick Graham of Kincarduie, and that got Lo-
vat by his wife Mary, one of the co-heiresses of Sir John Bis^et of Lovat; both
he and Patrick his son, in the fagy, are mentioned in the chartulary of Murray:
But how Lovat came from them to the Frasers, vyho are proprietors of it in King-
David Bruce's time, 1 cannot say.

The 4th of August, then did homage to the King of England Henry Abbot of
Arbroath, isl Bominus David de Torthorald, miles ; this was a south-country family
of note, which c»ne to the Carlyles by marriage, who rose to be lords of Parlia-
ment in 1473, in King James III. his time. This peerage of Carlyle is represented by
William Carlyle of Locharthor, who is lately served heir to his predecesssor Mi-
chael Lord Carlyle, who died in the 1579; I believe the service was carried on in
view to claim the peerage : But the gentleman has not as yet lodged any petition
with the king, setting forth his claim and title to the dignity, to which he is the
undoubted heir-male in a lineal course of succession.

The 13th of May 1296, in a renunciation of all the former confederacies of the
nation with the crown of France, is Patrick de Dunbar Comes Marchie: This earl
is the first of his noble family that left the title of Comes de Dunbar, and took that
ai Cmes Marchie. In this ticklish time the earl was not much fixed to any side,
sometimes appearing for his country and her liberties, and sometimes serving the
interest of the King of England very strenuously.

Gilbertus Comes de Angus, of whom we remarked before. He was an English-
man of the name of Umfraville, that was forfeited, because he would not become
■A true honest Scotsman.

Jacobus dictus Senescallus Scotia. This was the Great Steward of Scotland, who
died in the 1309, and was the grandfather of King Robert II. See it from a
French copy page 649.

On the 15th of May 1296, Dominiis Johannes Senescallus, pradicti Domini Jacobi
Germanus. This was Sir John Stewart of Bonkill, of whom I have given some
account already, and of his illustrious descendants.

Thomas de Somervile, Chevalier. This is the same gentleman that we find from
authentic documents designed Domims de Linton, making donations out of that ba-
rony to the abbacy of Melrose. He is one of these glorious patriots that stood so
firm to the interest, and for the honour of Scotland, when so many others made
very wide steps of defection. He was in high favour with King Robert the Bruce,
when he came to the crown, which he well deserved. This is a Norman family
that came to England with the Conqueror, and from thence they came to Scotland
with King David I.; and Carnwath was their first estate, out of which Willielmus
de Somm^rvill makes donations to the See of Glasgow. Sir Thomas Somerville of
Carnwath was Justice-General in the 1431, in King James I.'s time, and is one of
the Domini Parliamenti, first introduced into our constitution of the peerage by
that prmce antio 1427; for before his reign we had no other set of nobles but the
comites and the barones, which included all that held of the crown by tenure in
libera baronia. James, the present Lord Somerville, is the heir of this noble fa-
mily, who got the honour revived in his person, by a decree of the House of
Peers of Great Britain in 1721, after the honour had lain dormant and been waved
for the space of an hundred and three years, from the 1618.

Die decimo apud Edinburgum, venit Dominus J'ViUielmus Douglas, miles. This is the
brave patriot Sir William Douglas of that Ilk, who had stood long at a distance from
complying with the English, at last submitted ; but I am apt to believe, he and
many others never meant to keep these forced oaths, by which they did not think
they were bound; for he soon after showed he had the same inclinations to redeem
and relieve his country from thraldom and slavery as he had done before. I have
some further remark upon him in these critical observations. Along with Sir "Wil-
liam Douglas tirere was Sir Walter Logan, who is said to be the ancestor of the once
great House of the Logans of Restalrig near Edinburgh. Our historians mention

ON THE RAGMAN-ROLL. ip

a- descendant of his, that went over to the Holy Land with King Robert tlic
Bruce'b eart, for which they wore a man's heart in their arms. They turned om
to be a great family, and alhed with a daughter of King Robert IL 1 have seen a
charter by Kmg Robert IIL Roberto Logan, militi, dilecto frcitri suo, of the lands and
barony of Grugar, which continued long in their family: Robert Logan of Restal-
rig was forfaulted in the i6cq, five years after his death, upon the confession of
one Sprot, a notary at Eyemouth, who produced a train of letters that liad past be-
twixt Restabrig and the two brothers of the House of Gowrie, in relation to the
conspiracy for seizing on tlie King: This odd process is in every body's hand ;
this prosecution was said to be drawn on chiefly by a great man in high favour,
and in a great oiBce, who was promised Logan's estate when it should be confis-
cated.

July 12. Robert us Mtischam. I take this to be Muschamp, a name found both
in our history and the Enghsh.

Johannes de Callentar, miles. This is the head of the ancient family of the
Callenders of that Ilk, in Stirlingshire, of whom 1 have seen many vouchers: The
first deed that 1 have seen is a charter by " Malduinus Comes de Levena.x, Mal-
" colmo filio Duncani de terris de Glaswel cum Eva sorore sua, &- Carrucatam 8^
" dimidiam CaiTucata; terrx in Kilynsyth, cum jure patronatus Ecclesia; de Mo-
" nyabroch,"' dated on St Laurence-day 1217, confirmed by King Alexander IL
the second year of his reign («). There is a charter by Alexander IL the 26th
of August, the 25th year of his reign, " Malcolmo filio Duncani de terris de
" Glentarvin, Monyabroch, Kilsyth, Glasswell," which he had by the grant of the
Earl of Lennox, " & terras de Calynter," he had from the king " in liberam
" warenam,'' in a free forestry. To this deed IValterus filius AUani Senescallus ac
Justiciarius Scotue is a witness in the 1246. This Malcolm was succeeded by
Alum de Calleriter his son, who has taken his name, as was usual, from his own
estate; for ther'e is a renunciation by Johannes de Kinross, miles, Aluino de Calenter,
of any right he had to the lands which his father, Malcolmus Thanus, i. e. Do-
minus de Calenter, had been infeft in, dated in 1257; to which deed David de
Graham is a witness: Patrick de Callcndar of that Ilk was forfeited for being of
the party of Edward Baliol, by King David IL upon which Sir William Living-
ston got the estate of Callender by a charter the loth July 1347; but to fortify
his title in case of any after game, he married Christian Callender, the gentleman's
daughter who had been forfaulted ; for there is a charter by King David, " Do-
*' mino Willielmo de Livingston &• Christianie de Callendar sponsK sue," of the
lands of Kilsyth, narrating, that it was at the desire of Sir Robert Erskine, in re-
gard that Patrick of Callender, father to the said Christian, had the best right
thereto, and which had come to the king's hands, by decease of Margaret, daugh-
ter of Robert De la Val, an Englishman, he having got them from Malcolm Earl
of Wigton. I see this Robert De la Val that he had also the lands of Dalziel, and
that he forfeited them; for there is a charter by King David IL " Roberto Senes-
" callo de Shandbothy de terris de Dakiel &- de Modcrvile nos contingentes, eo
" quod haeredes quondam Roberti De la Val, contra fidem &- pacem nostram in
" Angha comraorantur," 20th March, 33d of the king's reign.

Dominus IVillielmus de Rutbven. This is the Ruthvens of that Ilk, of whom al-
ready.

Dominus IVillielmus de Gordino, miles. I take this to be Gordon latinized, a
branch of the House of Gordon in the South.

13th July, Malisius Comes de Strathern. Of whom already.

I'Valterus de Corrj, miles. This was the family of Corry of that Ilk in Annan-
dale, which continued a family till King James V.'s time, that it came to the
Johnston's, a son of the House of Johnston by marriage, for there is a charter by
King James V. Johanni Johnston de eodem.- The succession is limited to the heirs-
male of his body ; and failing, to Robert Johnston his brother-german ; and fail-
ing his heirs-male, to Adam Johnston of Corry his brother-german, 1542. Of this
Adam is come the Johnstons of Girthhead in Annandale (b).

(a) Writs of the House of Kilsyth I hav; seen. (*) Char: .r In the Register of the Great S;al.

lo HISTORICAL AND CRITICAL REMARKS

Dominus Michael de PVeems, miles. This is Sir Michael Wemyss of that Ilk,
through mistake by our historians called David, who, with his neighbour Sir Mi-
chael Scott of Balwyrie, " equites Fifani illustres, St summne prudentiae apud suos illis
" temporibus habiti," were sent by the states of the kingdom to bring over from
Norway Margaret the young Queen of Scotland, who died in her way at the
Orkneys, which gave rise to the competition for the crown by the Bruce and the
Baliol. In testimony of this honourable embassy, there is still preserved in the
Houseof Wemyss a silver basonof an antique fashion, which Sir Michael Wemyss got
from Eric King of Norway at the time; and that it was Sir Michael, and not Sir David
Wemyss, that had the honour to be employed, there is an indenture at the monas-
tery of Lindores, in 1292, " inter Dominum Michaelem Weems de eodem, militem,
" ex una parte, &- Dominum Michaelem Scot de Balweary, militem, ab altera^ in
" pra;sentia Johannis Dei Gratia Regis Scotorum." <

2 2d July ylpiid Sanctum Joharuwm de Perth, Robertus de Camburn, Dorninvs de
Balegrenach, miles. Who this gentleman, the Laird of Balegrenach, is, I dare not
say; but I conjecture his heiress came to be married to some of the Murrays of
Touchadam, and there is the tradition of it.

Johannes de Hayia. The truth is the name of Hay is now so very frequent, I
cannot tell what this gentleman is.

Hugo de Uire. This seems to be the same name with that of Hurry, or Urie, of
which there was a family entitled Pitfichy in Aberdeenshire, which has lasted a
long while there, and had been very well allied to the best famihes in the North.
General Hurry that had been so long against the king in the Parliament service,
and afterwards turned so eminently for the king, and suffered the next day after
the execution of the great Marquis of Montrose, was the last heir of the family.
He had two daughters, his heirs, the one married to Archibald Lament of that Ilk,
;;nd the other to Dr John Hamilton, Parson of Leith, and Bishop of Dunkeld, at
the Revolution. Ibidem, says the author, 25th July.

Johannes de Moncrief, Chevalier. This is the family that were the Moncriefs of
that Ilk, a family of good antiquity. There is a charter of confirmation yet ex-
tant of the lands of Moncrief, Johanni de Moncrief, by King Alexander III. The
House of Moncrief continued in the possession of the estate till King Charles II.'s
time, that Sir John Moncrief of that Ilk sold the estate of Moncrief to a gentleman
of his name, Sir Thomas Moncrief one of the Clerks of Exchequer, though the
blood and chieftainry is in Moncrief of Tippermalloch, who is the heir-male of the
family of Moncrief, whose grandfither was Mr Hugh ^toncrief of Tippermalloch,
the famous physician, and he was the second son of Sir WilHam Moncrief of that
Uk by his lady, who was a daughter of the ancient family of Abercairny.

Robertus Camburn de Balnely: This is another Camburn; but what the sur-
name afterwards turned out to be, or if it is the same with Cameron, I cannot say ;
1 leave that to those who are better acquainted with the etymology of the Irish
language, who can best judge of those matters.

Alexander de Abernethy : This I take to be the same Sir Alexander Abernethy
of Balinbrigh, of whom we have said already.

Apud Cluniacenses, 17th July, Dominus Archihcddus de Livingston, miles, no doubt
is Livingston of that Ilk, whose ancestors appear as early as the time of King
David. This family subsisted till the la:t Bartholomew Livingston of that lik
was slain at the battle of Flodden, and his sisters were co-heirs. In the reign of
King David II. Sir William Livingston of Callender was a brother of the family,
and Sn- Andrew Livingston of Drumray was another branch. He got the estate of
Easter- Wemyss in Fife, by marriage of one of the co-heirs of the estate of Wemyss
of that Ilk. The last Sir Robert Livingston of Easter- Wemyss v/as slain at Flod-
den, and left a daughter, Margaret, his sole heir, who married Sir James Hamilton
of Fennart. He, with consent of his wife, exchanged the estate of Drumray in
Dumbartonshire, with the lands of Crawfordjohn, with Lawrence Crawford of Kil-
bimy, 27th January 1529.

JJjannes de Strivelyn, miles : This is the knight of Glenesk, which estate, in
King David II.'s time, came to Katharine Stirling, daucrhter of Sir Alexander
Stilling of Glenesk, who was married to Sir Alexander Lindsay, sen to Sir David

ON THE RAGMAN-ROLL. zr.

Lindsay of Cvctwford, whose son was Daviil ilie first Earl of Crawfoid, an/io 1390.
Anothei- of the co-heiis of Gleiiesk is married, to Duncamis de AiboUfi, who I be-
lieve is one of the ancestors of the House of Struan Robertson.

6th July, Hui;o de Mornvia : This was the forebearer of the Murrays of Coubin,
whose name at that time is Hugh, and a brother of the House of DuHus, as from
his original cjiarter I have seen (a).

7th July. Apud Ftrriil, IVillidnius Fraser,filiiis quondam Alexandri Fraser. The
name of Fraser, like the Hays at that time, are so numerous and so frequent that
you can scarce distinguish them. I cannot, with any sort of probability, plate
this gentleman to any of all the families of the Erasers, whether Tweeddale, Touch,
or the north country Erasers, I cannot say.

7th Junii, Witnesses to King John's renunciation of the kingdom of Scotland,
in castro Biichenen coram Antonio Episcopo Diinelm. that was Bishop Beck of Dur-
ham, who is Attor'ney for the King of England, where he made a solemn, and,
as I believe he was forced to call it, a willing surrender and resignation of himself,
his whole kingdom of Scotland, his royal dignity, with all heritages, rights, and
appurtenances thereto belonging; as also, of all his lands, possessions, and goods,
moveable and unmoveable, whatsoever : the Bishop receiving them in the name
of King Edward ; thereupon poor King John was no more considered as king.
was sent with his eldest son to the Tower of London, where he lived at the discre-
tion of his conqueror, forought I can see, till his death ; for though he had abandoned
and abdicated his kingdom and his subjects, yet they would not desert him, and made '
many struggles and efforts to regain him his crown ; for when Sir William Wal-
lace was chosen guardian of the kingdom, it is in nomine prceclari principis
Jobannis Dei Gratia Scotoriim Regis; and this was in 1299,. more than three
years after he had abdicated the throne, which was vacant, as to him : So inflexi-
bly loyal were the Scots in those days to their abdicated prince, fancying, it seems,
that nothing could dissolve their allegiance to him. There are witnesses to the
surrender Johannes Cumine, Doniinus de Badenocb, who is John the tather, who was
King John's brother-in-law, and by his after-conduct appears to have been a right
good man ; happy had it been for his son he had traced the steps of his father,
he had not come to so dismal an end as he met with, as the reward of his treachery
and perfidy to so great a prince as he had laid a plot to destroy, I mean King-
Robert L But God Almighty preserved him to be the great and happy in-
strument of dehvering the nation from slavery, and the yoke of a foreign
power.

Dominus Brianus fiUus Allani. This being a patronymical designation, I cannot
tell who he is.

Alexander Kennedy, Clerk and Chancellor of the kingdom of Scotland, " ad hoc
" testibus vocatis e"t speciahter rogatis," as the instrument bears.

Eodem die, apud Monross, coram serenissimo principe Domino Edwardo Rege
Anglia, nobilis vir Johannes Cumine Comes de Bttchan : This was the second branch
of the great family of the Cumins, and the third earl. He was, as all the rest of
his kindred, much in the English interest, though he was Great Justiciary of Scot-
land. He was forfeited for adhering to England in the reign of King Robert L
He had an heir-female, who was married to Sir Henry Bellamont, an Englishman,
who, in that right, called himself Comes de Biichan. He came in with Edward
Baliol ; and, in the Parliament held by him, mention is made of this earl. But
the earldom of Buchan remained in the crown of Scotland till King Robert IL
gave it to his son Alexander Lord of Badenoch 1387.

Dovenaldiis Comes de Marr ; cf whom already.

Dominus Herbertus de Macus-ucell, miles : This is the head of the noble family of
Maxwell, whose ancestors had borne great and high offices. The House of Max-
well and Nithsdale are the descendants of this great man ; for whom see the.
Peerage.

(a) In Kilravock's Collections,

Vol. IL 7T

iz HISTORICAL AND CRITICAL REMARKS

Doininus Johannes de Moravia is without doubt Sir John Murray of Drunvsar-
gard, the ancestor of the House of Abercuirny, who was doing his homage for
lands he held in different shires.

Dominus Alexander Kennedy, Canonicus Glas^uen. This is the same gentleman
that was Chancellor to King John ; of whom before.

Dominus Nicolaus de Hayia : This is the head of the illustrious family of the
Hays Earls of Errol. He was the first of the House of Errol who added a territorial
title to his name ; Nicolaus de Hayia, Dominus de Errol, when by his charter and
deed he confirms " illam bovatam terra; in Carse monachis de Cupro, quam habu-
" erunt ex dono Rogeri filii Bauderici, uno cum annuo redditu, quem dicti mo-
" nachi mihi reddere solebant, de dicta terra." Sir Gilbert Hay of Errol was his
son, who was made High Constable of Scotland by King Robert I. anno 1316, on
the attainder of David de Strathholgy, Earl of Athol. The family were nominated
and invested in the degree of Lords" of Parliament, by King James I. anno 1429,
and Earls of Errol 1455 (Vz).

Dominus Johannes Sinclair de Herdmanston : This is a very ancient family of the
Sinclairs, who have long possessed these lands, of which I have seen transumpts of
the original charters, one granted by " Ricardus de Morville, Constabularius Re-
" gis Scotorum, Henrico de Sancto Claro," of the lands of Herdmanston, which,
if granted soon after the death of Hugh his father, must be in the 1162. Among
the witnesses are Robertus fdius Warnehaldi, and Godofredus de Ross, two of the
vassals of the constables within his barony of Cunningham.

The same great man, Ricardus de Morville, Constabularius Scotia, gives to the
same Hcnricus de Sancto Claro another charter of the privilege of Edmond and
G\Va&m\c'hd.e\, filii bonde, and of their sons and daughters, and all their descendants,
for three merks. There is another charter granted to this very ancient family o^f
the Sinclairs, by " VVillielmus de Morvile, Constabularius Scoti:e, Henrico de
" Sancto Claro," of the lands of Carfiae, of which I say there is a notorial tran-
sumpt taken by John Sinclair of Herdmanston anno 1434.

The next of the line of the family is Allanus de Sancto Claro, who is seemingly
the son of Henry, who had a charter of confirmation by " Rolandus, filius Uch-
" tredi, Allano de Sancto Claro," of his predecessor William Morville's charters;
which charters are still preserved in the custody of a noble person, the lineal heir
of the family.

The next of the family, and the first that used the territorial designation of Do-
minus de Herdmanston, is the Joannes de Sancto Claro Doininus de Herdmanston men-
tioned in this record, who now swears an oath of allegiance and fealty to the
King of England.

The next of this race of the Sinclairs is Sir Mlliam de Sancto Claro, Dominus de
Hermiston, who was one of those noble and glorious patriots who sided with the_
immortal deliverer of Scotland, King Robert the Bruce, who, for the merit of
his valiant and heroic services at the famous and decisive battle of Bannockburn,
got from the king a sword, on the broad side of which these words were engraven
in French, Le Roy me donne, St Clair me porte ; which, I have been told by the
gentleman who should have known it best, was preserved as a monument of the
valour of this gentleman. So much to the honour of the family till within these
hundred years or less {h).

This Sir William Sinclair of Herdmanston allied in marriage with the other ancient
but far more powerful family of the St Clairs of Roslin, who in truth exceeded
most other families in the kingdom for grandeur and wealth. By this noble lady
he had a son the heir of the family, John Sinclair of Herdmanston, who was uterine
brother to Margaret, Countess of Marr and Angus ; for, in the 1389, I have seen
a charter (c) by the Countess, in which there is Joannes de Sancto Claro de Her-
miston f rater noster, and Joannes de Haliburton Dominus ejusdem witnesses. It was

(a) In a charter to Walter OgUvie of Deskford, 9th October 1 455, et Williel. Domino Keith Mares-
callo, is not Comes Mariscal. (h} Dr Matthew Sinclair of Herdmanston. (c) Penes ducem de

Douglas.

ON THE RAGMAN-ROLL. -3

:his John St Clair of Herdiuanston that married Elizabeth, the daughter and sole heir
of Sir Patrick de Folwartb of Pohvarth, and had Sir \Villiam St Clair of Herdman-
ston, whose son and heir-apparent, John Sinclair, by Katliarine his wife, daughter
of Sir Thomas Plume of that Ilk, had an investiture of the barony of Polwarth, ntmo
1444. Itwas this John Sinclair of Herdinanston who, in the 1434, took the notorial
transumpt of thecharterby I li/Ziamtie Mjr'-jile, comuihle, to Henry de Saricto Claro, his
predecessor, of the lands of Carfrae, formerly mentioned: but he dying without issue-
male, there arose a dispute and a question in law, anent the right of succession to the
estate, betwixt his two daughters, the heirs of line and at law, and his brother Sir Wil-
liamSinclair, his heir-male («). At length, by the mediation of their common friends,
the matter was settled and composed, the heir-male got the ancient family estate
of Herdmanston,and the heirs-female got the estates of Pohvarth and Kimmergham.
Marion, the eldest, was married to Sir George Hume of Wedderburn, and Mar-
garet, the other, to Sir Patrick Hume his brotlier, who got with her the barony of
Polwarth, which gave ground to both these families to quarter the coat of Sinclair
with their paternal bearings of Hume. From this William Smclair of Herdmanston,
the heir-male, the House of Herdmanston came and continued, in a direct male suc-
cession, till it came to be united with the family of St Clair, in the reign of King
Charles IL Sir John Sinclair of Herdmanston married John Sinclair, his eldest son,
fiar of Herdmanston, to Mrs Katharine Sinclair, only daughter and sole heir of John
Lord Sinclair, and had a son, Henry Lord Sinclair, succeeded his grandfather in
1677 ; and had the honour established to him and his heirs-male.

Andreas de Charteris is next to Herdmanston in our i-ecord : This was most cer-
tainly, and can be authentically vouched, the head of the ancient family of the
Charteris of Amistield, in the south in Dumfries-shire. In ancient charters the
family are, in Latin, designed de Carnoto, as may be seen in the chartulary of
Kelso; but that has been the latinizing the name ; for, even in very ancient
deeds, when Carnoto is Englished, it is called Charteris. This Andreas de Charteris
was Baron of Amislield even at this time ; for after this gentleman had made his
forced submission to the king of England he retracted it again, for which he was
forfeited by King Edward L ; for Sir V/illiam Dugdale, in his Baronage of Eng-
land, mentions a gift to an English gentleman of the lands of Amistield in Scot-
land, which was in his hands by forfeiture of Andrew Charteris 1296.

IMlliam de Charteris is one of those barons who, in the 1306, did homage to
the King of England, for the lands he held in the county of Dumfries, and ap-
pears to be the son of the former Andrew, who had submitted as his father had
done to the invader of the liberties of his country: But whatever submission he
made to the king of England he did not think that binding on him, for he turned
eminently to King Robert the Bruce. He seems to be the same IMllielmiis de
Charteris who, with Walter de Perchys, resigns the " medietatem totius baronice
" de Witon in vicecomitatu de Roxburgh, in favorem Henrici de Wardlaw ;"
upon which he had a charter under the Great Seal, to be seen in the rolls. This
does very authentically establish the great antiquity of the House of Amisfield,
which, from authentic vouchers, can be deduced from those times to our own
days. The representative of the family was Colonel Francis Charteris of Amis-
field, whose only daughter is Janet Countess of Wemyss.

Alexander de Airth : This was an ancient family in Stirlingshire, that continued
long in lustre there ; they had the baronies of Airth, 'Carnock, and Plain, which,
in the reign of King James L came to heirs-female, and, by marriage, to the
Bruces, Drummonds, and Somervilles.

H//^o de Riddel, miles : This is the ancient House ofRiddell of that Ilk, that have
been a family, from authentic vouchers, from King Malcolm IV.'s time, or King
David l.'s days, from writs I have seen.

Dominus Nicolaus de Rutherford is the ancestor of the Rutherfords of that Ilk,
who came to be designed Domini ejiisdem in King Robert II. 's time. They were
a family of reputation, and held the most part of their estate of the Earls of Dou-
glas. The family split betwixt an heir-male and heirs of line, in King James IV.'s

(<2) Registers of Parliament,

24 HISTORICAL AND CRITICAL REMARKS

reign. Rutherford of EJgerston was the heir-male, and now represents the pnr.
ci]xil oriniiial family ; and the Earl of Traquair is the heir of line, who carries the
arms of Rutherford in liij achievement.

Ri-idulphtis dc LgUnton, miles, was the ancestor of the House of Eglinton, which
ended in an heir-female, Elizaheth, the daughter and the heir of Sir Hugh Eg-
linton of that Ilk, Justiciai-y of Lothian, in the reign of King David II., who was
married to Sir John IMontgomery of Eaglesham, predecessor of the Earls of Eglin-
ton, who on that account quarters the arms of Eglinton with, his own. name of
Montgomery.

John de Etphingston : This is the ancestor of the ancient family of Elphinstone
of that Ilk. Alexander de Elphingston, his son, got the lands of Airthbeg from
Agnetta de Airtb matre sua : Then Alexander Elphinstone, Dominus ejusdem, ex-
changed the lands of Airthbeg with Alexander, son of Sir Adam More, in 1362.
He had his successor. Sir William Elphinstone, Dominus ejusdem, who gets a char-
ter from Sir William Lindsay, Dominus de Byres, of the lands he held of him. The
descent is limited to the heirs-male of his body; and, in failm-e of these, to Alex-
ander, Norman, and James, his brothers, and their heirs-male, anno 1399. His
son Alexander, designed Dominus ejusdem, was slain at the battle of Piperden in
1437. -^^^ '^^"'- ^ daughter, Janet: whereupon there arose a great competition
anent the succession to the estate, betwixt her and Henry Elphinstone, of Pitten-
dreich, which, in the 1477, was settled by solemn arbitration. The heir of line
married Sir Gilbert Johnston, a brother of the House of Johnston, who was after-
wards slain at Flodden, and he got the estate of Elphinstone in Lothian, and was
the root of the Johnstons of Elphinstone. The heir-male, Henry Elphinstone,
got all the rest of the estates, Pittendreich, Airthbeg, Strickshaw, &c. all the
estate that was held of the Lord Lindsay, of which he had a charter in the 1477,
to himself in liferent, and to John Elphinstone his grandson, and heir of the de-
ceased James Elphinstone, his eldest son ; and failing his heirs-male, to Andrew
Elphinstone, his own son, who is afterwards designed of Selms. John, the grand-
son, got a charter under the Great Seal, in the 1508, erecting the lands of Airth-
beg into a barony, called baronia de Elphingston. Sir Alexander Elphinstone of
that Ilk, his son, rose to high favour with King James IV., who raised him to be
a peer, viz. Lord Elphinstone, anno 1511. He personated the king at the battle
of Flodden, where he was also slain. Charles Lord Elphinstone is lineally come of
this first lord.

Godofrediis de Ardrossan : This was the ancestor of the old House of Ardrossan
in Cunningham, who seem to have been the ancient possessors, as far back as sur-
names began.

Arthurus de Ardrossan is witness to a charter' Hugoni de Crawford de terris de Mo-
nock, in 1226. Then Fergusius de Ardrossan, who I take to be the son ot the
former, gets a charter erecting his own estate, and the estate of William Ker, and
Richard de Boyle, which is the lands of Kersland and Rysholme, who were his
vassals, " in unam integram & Hberam baroniam, baroniam de Ardrossan," as
trom the charter in the rolls of .King Robert the Bruce. His estate came by his
heir-female to the Eglintons of that Ilk ; both the estates came to centre in Sir
John Montgomery of Eagleshame.

13th July Dominus Johannes de Strivelyn de Moravia. This I take to be the
Stiiiings of Glenesk, which came by marriage to the Lindsays.

Normanus de Lescelyne, i. e. Leslie; who I take to be the first of the Leslies that
settled in Fife, of whom is come the House of Rothes; they got Banbregh by the
heiress of an Abernethy, for which they quarter their arms.

Johannes de Glenesk. I suppose this is the Glenesks of that Ilk, of whom I can-
not say any thing, or how they ended.

Alexander de Straiton is without doubt the Straitens of Lauriston, who were a
good family in the Merns; but they are now decayed, though some Straitons, par-
ticularly Straiton of Kirkside, are standing, and are come of Lauriston.

Gilbertus de Hayia is, I apprehend, the same noble person that is at that time
head of the family of Lochquharrat. It was this Sir Gilbert Hay of Lochquharrat,
who, with Sir Alexander Seaton and Sir Neil Campbell, entered into a solemn
association, anno 1308, to defend the liberties of their country, and the right of

ON THE RAGMAN-ROLL. 25

King Robert the Bruce, against all mortals, French, English, and Scots. The
Marquis of Tweeddale is the lineal heir of this great, noble, and heroic person.

Jacobus lie MakvUle. This is the branch of the Melvillcs, as I take it, who
came to be intitled Melville of Glcnbcrvie, of whom were come the Mclvilles of
Cairnbie and Dysart, of whom again issued the two learned divines of tiie name of
Melville, Mr Andrew and Mr James Melvilles, of whom our ecclesiastical histories
are so full, and were so zealous for the pre^byterian scheme of discipline. The
House of Glenbervie came to an heiress in the time of King James II. who was
married to Sir James Auciiinleck of that Ilk, in Kyle, by whose grandchild and
lineal heir, Elizabeth Auchiuleck, tlie barony of Glenbervie came by marriage to
Sir William Douglas, son to the Earl of Angus, of whom is lineally descended the
Duke of Douglas.

The 17th July Duncanus de Fretidrau_ght. This is a great barony in Aberdeen-
shire, which from the Frendraughts came to the Erasers, a branch of die House of
Lovat; Jacohus Eraser Dominus de Frendraiight, in 1404, mortifies liis lands of
Cambeston, in baronia de Lessuden, to the monastery of Melrose («); by hjs heir-
female it came to Alexander Dunbar, son to Thomas Earl of Murray, whose son,
James Earl of Murray, having no lawful issue-male, his eldest daughter, Janet,
brought that barony to Sir James Crichton, son to William Lord Crichton, wlio
was invested in the honour of Earl of Murray, after the forfaulture of Archibald
Douglas, his brother-in-law, in 1451. But he gave over the esstate of the earldom,
and relinquished the title of earl(/(); Wdliam Lord Crichton, their son, being,
forfaulted in 1483, the barony of Frendrauglit came to James Crichton his son,
en the resignation of Janet Duubar the Countess of Murray, his grandmother,.
1492.

Patricuis de Berkley. The surname of Barclay was then so numerous that they are
not easily distinguishable; for there are several Barclays in the North, and in Fife,
and there is Hugo de Barclay, who in 1284 is Justiciarius Laudon'ue. I take hini
to be the Barclay who had "the half of the barony of Crawfordjohn, and came to
be promiscuously designed Dominus dimidire partis baronia de Crawfurd-John, and
Bominus baronia de Kilbirney i^ de Lady-Land, which, in the 1471, came to the
Crawfurds by marriage, of whom are the House of Kilbirny, now Viscount of
Garnock, who carries the coat of Barclay impaled at first, but now quartered with
Crawfurd.

Hugo de la Hay. What Hay this is I cannot say.

Reginaldus le Chein. The Cheynes were great men; there is Reginaldus de
Chein, Chamberlain, and Reginald le CJjein, filius; their barony of Inverugie came,
by a co-heiress of them, to a son of the Keith family, and by another co-heiress
came the barony of Duft'us to a son of the Eajl of Sutherland, of whom sprung
the Lord Duftus.

Johannes filius Herberti de Macuswell. This is John the son of Sir Herbert Max-
well of Carlaverock, of whom already in the Maxwell family.

IVillielmus de Monte Alto, miles. This is the surname of Mowat, of which the
principal family is reputed to have been Mowat of Balquhollie in Aberdeenshire.
There were also two families in the west, Mowat of Stanehouse in Clydesdale, and
Mowat of Busbie in Cunningham, both families of good respect, and well allied ;
but they are now both decayed, the last but about a century ago.

Robertas de Walyhop, i.e. Wauchope. There was an ancient familyof this surname,
designed of Coulter, of which lands they had charters from King Alexander II,
which came to the Cumins by the marriage of an heiress. I have not seen writs
to connect the Wauchope's of Niddry-Marischal with them; but when they came
of them I caimot say.

Robertus le Falconer is doubtless one of the ancestors of the House of Halkerton,
who have charters to vouch the antiquity ot their family, as far up as the days
of King William; for which see the Peerage of Scotland. They were made lords
in 1647.

(a) Chartulary of Melrose. {b) Manuscript out of the Library of Culross.

Vol. U. 7 U

i6 HISTORICAL AND CRITICAL REMARKS

19th July, Commiinitas villa de Aberdeen, etiam Willielmus de Mof-nvla, miles.
Whether this be the IVillielmus de Mjravia de Drumsargard, or the Willielmns de
Moravia, miles, de Ttdlibardin, 1 daie not venture to say.

Dominus Johannes de Maleville, miles. This is thought, upon good presump-
tions, to be the other family of the Melvilles of Raith, in Fife, of whom a line may
be deduced, till they came to be Earls of Melville in 1690, and the dignity is con-
joined with that of Earl of Leven, in the person of Alexander, the present Earl of
Leven and Melville.

2 2d July, jipud Bamff, D. Thomas de Torthorald. This seemingly is another
branch of the Torthorald family, of whom already.

Apiid El^in in Moravia, there swore fealty to King Edward Robertits Episcopus
GUtscuensis. This is the celebrated Bishop Wishart, who acted so gloriously the
patriot; and though he swore fealty to the conqueror, yet he did not think that
oath binding upon him, for no sooner did the Earl of Carrick set the crown on his
head but he gave him all possible countenance and support. He mightily ani-
mated his countrymen to shake off the English yoke, by his preaching and ex-
ample ; in the course of the war he was taken prisoner in armour, as the King of
England represents to the Pope ; and if it had not been for disobliging his Holiness,
he would certainly have put him to death. He was sent first to the court of
Rome, and from thence to England, where he remained a prisoner, till he was re-
leased and exchanged for English prisoners, after the battle of Bannockburn, He
survived all his disasters, and died in 1316.

Nobilis vir Alexander Comes de Monteith. He was the second earl of this line,
who were Stewarts by blood, though Monteith by surname, of whom see the
Peerage of Scotland. Johannes de Monteith, Dominus de K?iapdale iH de Arran, in
King David's time, 1 apprehend was come of a younger son of his.

Dominus Thomas de Soulis. This is for certain a branch of the Soulis of Liddis-
dale, who were forfaulted for treason in King Robert L's time, and their estate
came to Sir flllliam de Douglas, designed in many deeds Dominus vallis de Lides-
dale.

Johannes IMshard. There were two very ancient families of the name, Wishatrt
of Pittarrow, and Wishart of Logic ; Pittarrow is said to be the root of the family ; yet
Logic is so ancient, that they have a charter from Gilbertus de Umphravile comes de
Angus in 1272. The lands of Conveth were in ancient possession of the Wisharts of
Pittarrow. In the chartulaiy of Arbroath there is a charter by the abbot to Sir John
Wishart of the Mill of Conveth, in the 1242, to which Dominus Hugo de Weyms is
a witness. I have seen a long and well vouched descent of the House of Pittarrow.
James Wishart of Pittarrow was Lord Advocate and Clerk of Justiciary to King
James IV. Mr George, his second son, was our first martyr for the Protestant re-
ligion at the breaking out of the Reformation. Sir John Wishart of Pittarrow was a
zealous reformer, and was Comptroller of Scotland under Queen Mary 1567. He
•was succeeded by his nephew by his brother, in whose Hne the family ended in
King Charles L's time.

Gervasius de Rate is the ancestor of the Raits of Halgreen, which is reputed an
ancient family in the Merns.

Alexander de Ergyl, of whom already, and Nicolaus de Soulis, militibus. This is
the name of the head of the family of Soulis, in the south, and Lords of Liddisdale,
long ago worn out. There is a tradition that Kilmarnock in Cunningham belong-
ed to them, and that the Boyds came to it upon tlieir forfaulture, though they
were but the vassals. Bahols are barons of Cunningham.

Burgenses de Elgin, et Allanus de Murriff, of whom I can give rro account ; but
Allan being a name among the Murrays of Coubin, I presume it might be one of
them. They ended in an heiress, who was married to a gentleman of the name
of Kinnaird, who was the ancestor of these Kinnairds of Coubin, who, little more
than a century ago, if so much, lost their estate, by its being blown over with
sand from the sea, in one night, as I have heard.

28th of July, Dominus Johannes de Sancto Michale : Who this is I know not, if
it be not Carmichael, who in some deeds, it is said, are called St Michael.

Dominus Robertus de Normanville. This is a very ancient family of the Norman
extraction, and were very ancient among us. In time they came to be Barons of

ON THE RAGMAN-ROLL. 27

Gargunnock in the shire of Stirling, the name came to be called Norvel ; there is
none of them remaining now, but the heir of entail of Mr George Norvel of Bog.
hail, near Bathgate in Linlithgowshire.

Dominus j4dam de Gordon, miles, one of the ancestors of the illustrious House
of Gordon. Of whom there is a particular history, to which I refer.

JMllielmtis Dictus IViseman. 1 never heard of any body of the name but mean
people, excepting a minister lately at Monkland, who adopted a son of one Cross,
and left him his means and estate.

Alexander de Hately is no doubt the ancestor of an ancient family in the Merse,
styled of Mellerstane, but some time ago extinct.

Jacobus Jilius Godofredi de Ross Senior, and Jncohus fiUus Godofredi de Ross
Junior. These are two of the ancestors of the Rosses of Tarbet in Cunningjiam,
the ancestors of the Lord Ross of Halkhead, who made a great figure in tlie wars
that ensued on Kmg John's abdication. SirGodefride, the son, called ////uj-, to dis-
tinguish him from his father, who was in action with him, were brave gal-
lant men, and firm friends to King Robert, in whose reign he was a while Fice-
comes de Air: SirGodefride, a third of them, made a great figure under King
David, whose brother, Sir John Ross, had a charter from Robert Karl of Strathern,
his consanguineus, of the lands of Hacket, which lie in haronia de RinJ'rew, anno
1367. The elder branch failing in the reign of King James III. the two Houses
of Tarbet and Halkhead came to unite and centre in one family; they attained to
be Lords in 1500. Their lineal heir-male is George Lord Ross.

Robertus de Turnbulye. This may be the surname of TurnbuU ; but the origin
of the name, according to the account that is given, is of a later origin. The tra-
dition is, that one of the name of Rule turned a bull by the head, and wrung off"
his neck, that was pushing violently at King Robert I. while he was hunting in
the forest of Callender, then called the forest of Cumbernauld ; for which he was
called TurnbuU, and got for the merit of that service the lands of Bedrule in
Teviotdale. This seems the more probable, because there is a charter granted by
King Robert the Bruce, Willielmo dicto Turnbiil, of several lands, and is extant in
the rolls. The TurnbuUs came to branch out into two different families. Turn-
bull of Bedrule and TurnbuU of Mmto ; of the first was Dr William TurnbuU,
Secretary to King James H. and Bishop of Glasgow. He died in 1452.

29th July, John Wysbard del Mernis. This is for certain the Wishart of Pit-
tarrow, of whom already.

Andreas, filius Godofredi de Ross. This was, as is conjectured, the ancestor of
the Rosses of Henning, and Galston, and Mongreenan.

Alexander de Hogston. There was a family designed Hog of Hogston as low
down as in the reign of King James HL I have seen a charter of alienation by
Alexander Hog of Hogston to Sir Alexander Hume of that Ilk; but 1 cannot
positively say that this gentleman here and these other people are the same : it is
only a conjecture.

Rudolpbus de Kinnaird is the ancestor of the Kinnairds of that Ilk, of whom, on
the title of Lord Kinnaird, in the Peerage.

5th August, A[>ud Arbroth, Marcus de Clypan is no question the predecessor of
the family of the Clephans of Carslogie in Fife, reputed a right ancient family.
He seems to be the same Marcus de Clyphan who is witness to several charters yet
extant, granted about that time by Alexander de Abernetby, out of Banbrcght. I
have seen a copy of a charter by " Duncanus Comes de Fife, Johanni de Clephan
" et haeredibus suis, de terris de Carslogy tenend. adeo libere sicut David de
" Clyphan pater ejus et praedecessores tenuerunt. Testibus Dominis Alexandro
" de Abernethy, Michaele de Weems, David de Weems, Hugone de Locliore,
" Johanne de Ransay, Willielmo de Ramsay, et Henrico de Ramsay, cum multis
" aliis." I take this to be Duncan the last Earl of File, and before the battle of
Durham in 1346. The family is still existing.

Waherus Abbas de Paslytb. He succeeded one William in the office, and was
succeeded by another Roger Abbas de Paslyth in 1312.

Adam Abbas Sancte Crucis, who succeeded to Radulphus in that place, Pat. Abbas
de Cumbuskenneth, Gilbertus' Abbas de Kylinross, that is Culross, otherwise designed
Abbatia Sancti Servant, or St Serff its patron saint, H^illielmus Abbas Sancti Ed-

2iJ HISTORICAL AND CRITICAL REMARKS

ivardi de Balmerinoch, founded by Queen Emergarda, mother to King Alexandes
II. anno 1229, and planted with monks of the Cistertian order that came from the
abbacy of Melrose " Radulphus Abbas de Dunferniling, Andreas Abbas de Cu-
" pro, Johannes Abbas de Newbottle, Thomas Abbas de Lindoris, Bernard Abbas
" de Kilwmning, Bnanus Abbas de St Colme, Johannes Abbas de Jedworth, Wil-
" lielmus Abbas de Dryburgh, Patricius Abbas de Melrose, Ricardus Abbas de
" Kelso, Henricus Abbas de Arbioth. Malyse Conte de Strathern, John Conte de
" Buchan, Alexander Conte de Montieth, Jacobm Senescal de Escope, Malcolm
*' Conte de Levenax," of whom we have given some account already in these
remarks.

WUiiam Conte de Sutherland, who seems to be the same Willielmus Jilius Williel-
jni Comitis de Sutherland, who lived in the reign of Alexander 111. of whom the
Earl of Sutherland derives his descent. There is a writ by Archibald, Bishop of
Murray, narrating an ancient controversy, " inter venerabiles patres, praedeces-
" sores nostros, Gilbertum Willielmum et Walterum bonae memoriae, Episcopos
" Cathaniae, ex parte una, et nobiles viros Willielmum clarae memoriae, et Willi-
" elmum ejus filium, Comites Sutherlandiie," dated x. Cal. Octobris 1275. On
this voucher, &.C. the Earls of Sutherland found their claim of declarator of pre-
cedency against the Earls of Crawford, Errol, and Marischal, all earls ranked
before them in the rolls of Parliament. The case was remitted by the Parhament
to the Court of Session, to be determined by them, and the action is yet depend-
ing. If this debate be revived, it would be managed with great learning and
exactness, being the concern of some of the most ancient and honourable famihes
)n the kingdom, wherein many curious questions would arise to be debated and
determined.

Johannes de Strivelyn de Muriff. This is the same gentleman designed formerly
de Moravia.

IVilliam de Muriff, Si-gnior de Sothwel. This is the great Lord or Baron Baro de
BothiDtl in the county of Lanark ; they were a branch of the original family of
the Murrays of Dufius. His father was Walterus de Moravia, designed Jilius Wil-
lielini de Moravia, who got first a footing in the west, by the marriage of the
heir-female of the Oliphards Domini de Bothwel, in the reign of Alexander II. His
son was this gentleman mentioned here in our record, and is Dominus de Bothwel.
He gave " capiralo Glasguen. patronatum Ecclesia; de Wolston^ ac Rectoriam
" ejusdem terrie." Andreas de Moravia, frater suus, is a witness to the deed, and
has been his brother's successor in the barony of BothweU, and the noble patriot
that was conjunct guardian of Scotland with Sir William Wallace, and was slain-
at the battle of Stirling in 1297. His son. Sir Andrew Murray of Bothwell, was
Fanitnrius Scotite, and Guardian and Regent of Scotland in the minority of
King David, and died in that high office. His son, Thomas de Moravia, was Do-
minus de Bothwel, and Panitarius Scotiee, who died in England, an hostage for the
ransom of King David in 1366, and left a daughter, Jean, who was married to
Sir Archibald Douglas, Dominus Galuidie, who came to be Earl of Douglas atino
1388. Murray of Abercairny is the male representative of this ancient great
family of the Rlurrays of Bothwell.

Nicol Camhel, 01 Neil, is the head of the family of Lochow, and the same noble
person who afterwards fell in so zealously with King Robert Bruce, as did also
Sir Colin his son, who is designed Colinus Jilius Ntgelli Cambel, militis, who got
" pro homagio et servitio suo totam terrani de Lochow et terram de Ardsceodinis,
" decimo Februarii, anno regni regis nono, A. D. 1316." The family have risen
ever since to all the steps and degrees of nobility that can be attained ; and, to-
do the family justice, for the most part they have been a race of noble loyal pa-
triots, with few exceptions. They came to be Lords of Parliament by King
James I, in 1427, earls in 1458, marquisses in 1641, which was reduced by the
attainder of the Marquis of Argyle, restored to the honour of earl in 1663, and
raised to the rank of dukes in 1 701.

Johannes de Cullentyr is one of the ancestors of the Callenders of that Ilk; which,
estate came to the Livingston family, by mar.iage, in the time of King David LI.
as we have remarked more fully.

3

ON THE RAGMAX-ROLL. -y

^■llcxander Friselc. This is for certain Sir Alexander Fraser of Cowic, who was
a man in the highest favour with K.ing Robert Bruce, was his Great Chamberlain,
and his brother by marriage, and one of the greatest heroes about him. See a full
account of him m the Lives of the Chamberlains by Mr Crawfurd.

Patrick Conte de la March et dc DJ.ibar. He was the tirst Earl of the Dunbars
who took the title of Earl of March; 1 take it to have been a new creation to the
dignity.

Aylmer ds Hauden. This was the family of Haldane of that Ilk in Teviotdalc,
for this is not the name of the ancient honourable family of Gleneagles at this
time. They subsisted till the last age before this, and ended in an heiress.

Thomas de Colvyle, in ancient charters designed ^/c Cy/i'/Vt,-; and, for certain, a
Norman family, and came to Scotland in King David I.'s time. They were once
English barons, as is evident from Sir W^illiam Dugdale's Baronage of England.
The family had great possessions, both at Oxnam in Teviotdale, and the great ba-
rony of Ochiltree in Ayrshire, in the west. The direct male line failed in an heir
of line, much about this time when this submission was made, who was married to
Sir Reginald Cheyne of Inverugie. Robert Colvil of Oxnam was the heir-male
at the time, and is baro baronuv de Ochiltree \n 1324 («). They kept the title
mostly of Oxnam till King James I.'s time, that they assumed the designation of
Ochiltree, and were among the greatest barons below the degree of lords of Par-
liament in the kingdom. Sir William Colvil of Ochiltree died in 1502, and left
two daughters his co-heiresses; Margaret, who had no issue, and Elizabeth, who
married Patrick Colquhoun, nephew to the Laird of Luss; and had a daughter,
Frances Colquhoun, who was co-heiress of Ochiltree, and was married to Robert
Colvil of Cleish, ancestor to the Lord Colvil of Ochiltree, raised to that honour in
the 1651. The barony of Ochiltree was acquired from the co-heiresses, by the
heir-male, Robert Colvil of Hilton, whose son. Sir James Colvil, exchanged Ochil-
tree with Sir James Hamilton of Finnart, for the barony of Easter- Wemyss. His
grandson. Sir James Colvil, was created Lord Colvil of Culross anno 1609;
whose grandson, James Lord Colvil of Culross, died without issue after the 1635,
and the honour was not after this claimed till the 1721, that James Colvil of Kin-
cardine, the heir-male, to whom the dignity in the tirst patent was limited, peti-
tioned his Majesty King George L setting forth his title; and which being referred
in course to the House of Peers, his claim was admitted, and an order directed to
the Lord Register, to inrol him in the list of the peers, conform to his patent,
which was done accordingly.

Stephen de Kilpatrick is the ancestor of a very ancient family, the Kirkpatricks of
Closeburn in Nithsdale. They have very good vouchers for their antiquity. In
the chartulary of Kelso there is to be met with " Stephanus Dominus Vills de
" Closeburn, filius &- hsres Domini Ade de Kilpatrick," who comes to an agree-
ment \v\X.h the abbot of Kelso, anent the convent's right to the church of Close-
burn; it is dated " die Mercurii, proxima post festum puriiicationis beats Mariae
" Virginis, 1278:" But the family have older evidences than this, a charter from
King Alexander IL Jvoni de Kilpatrick de terris de Closeburn, formerly pertaining
to his predecessors. Roger de Kilpatrick, called by Buchanan Rogerus de Cella
Patricii, was one of those who attended King Robert L to Dumfries, when the
perfidious Cumin was then slain in the church. Thomas, his son, had a charter
from the same king, narrating his lather's merit, and his own services, of the lands
of Redburgh, in Dumfries-shire, dated at Lochmaben the 4th January, the 14th
year of his reign. There is an exact and complete series of the family from this
time downward to the present Sir Thomas Kirkpatrick of Closeburn, baronet.

Thomas de Torthorald. There are several of the name in this record ; they iiad
Torthorald, which came to Umphrey de Kilpatrick, ancestor to Closeburn, in King
Robert Bruce's time, and from them, by marriage, to the Carlyles, who kept it
long in their family.

Fergus Macdougal. This is one of the M'Dovvall people, who are of the family
of Galloway, but which of them I cannot say.

(a) Great Chartulary of Melrose.
Vol. n. 7 X

p HISTORICAL AND CRITICAL REMARKS

Dougal Macdongal, del Conte de Wigton; of whom already.

Alexander de Bunkill, the Baron of Bonkill, whose heiress married the ancestor of
the Stewarts Earls of Angus. The name is not worn out to this day, though but
mean people, which shows it was a surname.

Richard le Scot de Murthockston. This is the ancestor of the great House of
Buccleugh, now advanced to the height of honours a subject is capable of: It is
generally said this gentleman was son to Sir Michael Scott, and that he married
the heiress oi .Murthockston in Lanark. They were barons of Murdiston till King
fames II.'s time, that Sir Walter Scott of Murdiston made an excambion of his
lands of Murdiston and Hartwood, in the barony of Bothwell, and shire of Lanark,
with Thomas Inglis of Manor, for his lands of Branksholm, Branshaugh, Goldy-
tands, Chihitelaw, Quhiterigs, Todshaw-hills, and Todshaw-wood, dated at Edin-
burgh the 23d July 1446, which I have seen. The family of Buccleugh rose high
upon the fall of the House of Douglas, and got several of their lands as the reward
of their valour against them at the battle of Arkinholm. Though they were great
barons, yet they did not attain to the peerage till the reign of King James VI. in
•the 1606. In 1619 the family were made earls, and they arrived to the honour of
a duke in the 1663.

Andreas de Livingston, one of the Livingstons of that Ilk, of whom we have said
already.

William de Murreff de Drumsargard seems to be of the same race of Murrays with
those of Bothwell ; for the barony of Drumsargard lies near to Bothwell, on the
other side of the river of Clyde. This Willican de Moravia de Drumsargard is made
mention of, not only in this record, but frequently in Rymer, about this time.
There is no question can be made but that Sir John de Moravia de Drumsargard
was his son, since he is designed by the same local and territorial title, who, in or
about the 1299, or 1300, married the daughter of Malise Earl of Strathern, and
got with the lady the lands of Ogilvie, Abercairny, Glensherop, as from the char-
ter I have had the honour to peruse in the possession of James Murray of Aber-
cairny, the lineal heir of this marriage, and the representative of that family.

IVillielmus de Douglas, the same gentleman that stood long at a distance from
the conqueror of his country, and the invader of her liberties, but at length sub-
mitted.

Alisandre de Strivelyn del Conte de Lanerk. This, from vouchers which cannot
be called in question, is tlie head of the family of the Stirlings of Calder, near
Glasgow, which continued in good repute till King James V.'s time, that it came
to the House of Keir in 1535, James Stirling of Keir being contracted to Janet,
daughter and heir of Andrew Stirling of Calder. Of the Stirlings of the House of
Calder are come the Stirlings of Craigbarnet, the Stirlings of Glorat, the Stirlings
of Law, the Stirlings of Ballagan, the Stirlings the barons of Achyll, whose lineal
heir is William Stirling of Halbertshire.

William fitz Thomas le Noble. The surname is of great antiquity. There is a
charter in the hands of the Duke of iMontrose, by Radolphus le Noble, and Thomas
le Noble, his son, of the lands of Tlviston, i. e. Eliston, in Edinburghshire, to Sir
David Graham, and Agnes sponsa sua, confirmed by King Alexander II. the 5th
year of his reign, 1253: For many centuries there is no mention of any of the
surname till 1467, that the Nobles of Ferm had a charter of the lands of Ferm,
now called the Coates, above Rutherglen. Their title is now Ardarden, above Dum-
barton ; but if there be any relation in blood or descent of the Nobles of Ardarden,
from the ancient Nobles of Eliston, I cannot say.

JVilliam dc Ross seems to be a south country Ross of the House of Tarbet.

Henry de Moravia ; who he is I know not.

WiUielmus Fraser; another branch of the Frasers, I can give no account of.

Joannes de Strivelyn de Carse. This is the ancestor of the Stirlings of Alva and
Carse, of the same family with the Stirlings of Calder, as from ancient deeds I
have seen vouched in the chartularies of Cambuskenneth and Glasgow". A suc-
cessor of his, Sir John Stirling of the Carse, was a mighty great compiler with the
English, in favour of Edward Baliol, and is the same John Stirling whom Sir
Willliam Dugdale mentions was a peer of England, and called by a writ of sum-
mons to the Parliament there. He left a daughter, the heir of his estate in Scot-

ON THE RAGMAN-ROLL.

S^

iand, who manied John, son of Sir Walter Monteith, the ancestor of the once
great iaiiiily of the Monteitbs of Carse. Sir William Monteith of Carse sold his
estate in the 163 1 to Sir William Li^ingston of Kilsyth, and lie again in 1638 to
Sir Thomas Hope.

Gilchrist More is the ancestor of the Mores of Polkellie, who, I think, is the
stem of the Mores, and an ancienicr family than Rowallan, and came to Sir Adam
Muir of Rowallan, by marriage of Janet More the hen-ess, in the days of King
Davtd n.

Hii^o de Kelso, the ancestor of the Kelsos of Kelsoland, not long ago extinct.

Fergus Fostersoii, I conjecture, were the old Forresters of Skelmorly, of whom
few are now remaining.

William Ker. This, without so much as a question, is the ancestor of the an-
cient family of the Kers of Kersland. This is vouched from the lands 'iS te?ievien-
titm IVillielmi de Kers in Dairy, which are erected into a free barony by King
Robert L in favour oi Fergusius de Ardrossan, one of the ancestors of the House
of Eglinton, to whom they were vassals till of late. The family was in good re-
putation, and allied with the best and the greatest families in the west. The male
line of the House of Kersland failed in Robert Ker of Kersland, in King James VL's
time His heir-female was married to the renowned and valiant Captain Thomas
Crawfurd of Jordanhill, son to the Laird of Kilbirny, whose eldest son, Daniel
Ker, assumed the surname of his mother's family, and got the estate of Kersland;
whjse great-grandson, another Daniel Ker of Kersland, died without issue, being
sii in at the battle of Steenkirk anno 1694. Crawfurd of jordanhiU is heir-male
and of provision.

Robert de Ross I take to be a branch of the Rosses of Tarbet, that were heritors
of the lands of Fairly in Cunningham, from whence they took their name.

Donald ftz Gilbert, who this is 1 cannot say.

Thomas de Gilhagy. There were some of the name, w^o were long vassals to the
bishops of Glasgow, in the barony of Glasgow, and came to have the lands of Ken-
nieinll and Craigs in heritage, though they are now out of the estate.

Patrick de Ogilvill, that is Ogilvie, the ancestor of the ancient and numerous
family of tiie Ogilvies, who are derived from a younger branch of the Earls of
Angus; and having got the lands of Ogilvie in Angus, from whence they took
their surname. 1 he chief and principal family was Ogilvie of that Ilk, and some-
times designed of Powiie, but nowe.xtinct. AH the other great and noble families
of the Ogilvies are branched from the House of Ogilvie.

William de Gourlay de Bagally. Of this surname are the Gourlays of Kincraig
in Fife, who are reputed an ancient family.

Robertas de Bethune. This is for certain the ancestor of the House of Balfoui";
of whom before.

David de Brichen. This is the Lord of Brechin. He was the son of William de
Brichen, son of Henry de Brichen, natural son of David Earl of Huntingdon in
England, and Earl of Garioch in Scotland, brother to King William the Lion, who
carries on his seals the picture of a man on horseback, and, on his arm, a shield
charged with three piles, issuing from the chief, and conjoined at the points in
base. The same seal of arms is used by this Henry of Brechin, his natural son,
to whom he gave the barony of Brechin, from which he took his surname. He is
witness to several charters still extant, wherein he is called Henricus de Brichen,
Jilitts Comitis David. William de Brichen, his son, is designed Willielmus de Brichen,
fttius Henrici de Brichen, filii Comitis David, (a) David de Brichen was his son,
who is found here in the Ragman-Roll, and was long on the English side during
the war : But after the battle of Inverury he turned eminently to King Robert
the Bruce, whose sister he married, and ever afterwards continued eminently loyal.
David de Bticben, his son, was one of the Barones Regni Scotia, who in 1320
V. rote that bold letter to the Pope, in behalf of King Robert and the independency
of Scotland; but the year after, 1321, he was unhappily made privy to the con-
f piracy framed by the Countess of Strathern and the Lord Soulis, against the king

(fl) Foundation by him of the Maison Dieu Hospital at Brechin, confirmed by King James IIL anno

1477, when the original is transumed.

y_ HISTORICAL AND CRITICAL REMARKS

his uncle; for not discovering of which he was tried at the Black Parliament, and
suffered death for the same, to the universal regret of the people, being, says the
gieat Mr Buchanan, " Omnium aetatis sui ju\enum &- belli &- pacis artibus longe
«' primus." The haill lands he possessed at his forfeiture, the great barony of
Brechin, the barony of Rothiemay, the lands of Kinloch, and part of Glenesk,
were all given by K.ing Robert to Sir David Barclay of Cairny-Barclay in Fife,
of whom the Earls of Panmure were the lineal heirs, who place the arms of Brechin
and Barclay in the third quarter of their shield.

H'illiam de Boseuik, i.e. Boswell, a very ancient surname; and though their
original estate seems to have been in the south, where they are first to be met
with, yet, in process of time, they grew up to be one of the powerfullest families
in Fife; they got a part of Lochoreshire by marriage of an heiress, and also got
Balmuto, &-c. by one of the heiresses of VVemyss. The Boswells of Balmuto, as
they were one of the most opulent families in Fife, so they made the best and most
honourable alliances of any in all that shire: The family of Auchenleck in Kyle,
in Ayrshire, branched from Balmuto in King James IV.'s time; and a younger
son of them possesses the estate of Balmuto, though the right heirs of the family
be still existing, though stript of much of the lustre ot their ancestors ot the House
of Balmuto.

Thomas del Cbaiteris del Conte de Roxburgh is one of the ancestors of the House
of Amisfield, of whom we have touched a httle at already.

Adam le Hoip. This gives a fair antiquity to the surname of Hope, of whom,
beside the Earl of Hopeton, there are several other gentlemen, beside two in the
quality of the baronetage, Sir John Hope-Bruce of Craighall, and Sir Alexander
Hope of Carse.

Johan. le fitz Jobati. de Ainsley. This was the family of Ainslie of Dolphing-
ston in the south, of whom there is mention in records since the Jameses' time ;
it came to an heiress in Jjmes IV.'s time, who married Sir Andrew Ker, a brother
of the House of CessforcT, the ancestor of Ker of Littledean, who carries Ker and
Ainslie in his shield of arms.

Aybner de Rutherford, one of the progenitors of the Rutherfords of that Ilk in
the south, of whom already.

John le Setiescall de Jedwith; if this be not Sir John Stewart of Bonkill, as is
generally agreed by our antiquaries, it must be a very ancient branch ot the
Stewarts: But I conjecture it is Sir John of Bonkill, the same cAled. J'rater ger-
manus Jacobi Senescalli Scotia, swearing submission to the English for different
lands he held in different counties. There is in the 1323 a John Setwscal de Jed-
with, bailie to the abbot of Kelso, whom we reckon was Sir John's youngest son,
and one of the Earl of Galloway's progenitors.

Roger Corbet. This is apparently the Corbets of Makerston, that plainly are come
of the Dunbars, the Earls of Dunbar, which came to the Erasers by marriage. In
the reign of King Robert I. we find mention in the chartulary of Melrose, of Dc-
nunus Laurentius Fraser, Dominus de DrurnelyJer, who had also Makerston. The
barony of Makerston, in the time of King David II. came to the heiress, Margaret
Fraser, who married Dougal M'Dougall, as he is called, whose son, Fergus
M'Dougall, had a charter of the barony of Makerston, on the resignation of his
mother in the records. There was of the same stem another family of the Corbets,
designed of Hardgray, in Annandale, though several centuries past they have re-
sided in Clydesdale, in the regality of Glasgow. I have seen an original charter in
the possession of the Duke of Douglas, by Thomas de Corbet, Dominus de Hardgray
Jonmii de Corbet, filio suo, of the lands of Limekills, in Annandale, in 1405, con-
firmed by the Earl of Douglas. They failed lately in the person of Mr Hugh Cor-
bet of Hardgray, who left some daughters, co-heiresses of his estate; Barbara,
married to John Douglas of Mams, and again to Sir Mungo Stirling of Glorat, and
the other to James Douglas of Mains.

Thomas le Johnston : This is the ancestor of the Johnston family ; some of our

antiquaries are of opinion that they are come of the same tribe with the famous

Thomas Ranulphi Camerarius Scotia, in the reign of Alexander III. in 1273, who

was father to Thomas Earl of Murray, Dominus VaiUs Annandie et Mannie : I have

2

UN THE RAGMAN-ROLL. J3

not seen the surname before this time : They turned out to be a very great family
on the border, and were a race of brave and warhke men, and of great power and
authority. Another of their ancestors, Gilhotus de Johnston, had a charter of
several lands in the reign of King Robert the Bruce. Another Sir John Johnston
is mentioned in the Fcedera Anglia, in the time of King Robert IlL and made a
great figure in the transactions on the border. Adam Johnston is the fust of the
family in King James L and IL's time that 1 have found designed de eodem, or of
that Ilk. John Johnston of that Ilk was a conservator of the peace with England
in 1457 ' ^""^^ Adam Johnston of that Ilk in King James IV. 's reign. He died
in 1501. His successors are to be seen in the Peerage.

Thomas de Cockburn ; the ancestor of the Cockburns, who were very ancient
vassals to the Earl of March ; Cockburn of Langton was the principal family of
the name; Alexander Cockburn, ^a^^r, as he is designed, got the estates of Lang-
ton, and Cariden in West-Lothian, by the heir-female of the great family of the
Weaponts, whose arras they carry ; he had Alexander Cockburn of Langton, the
lieir of his family, and John his son, ex prima uxore, who married Jean, daughter
and heir of John Lindsay of Ormiston, of whom came the Cockburns of Ormiston ;
Alexander Cockburn of Langton, the father, had to his second wife Margaret,
daughter and heir of Sir John Monfode of iJraidwood in Lanarkshire, by whom
he had Edw ard, a son, the ancestor of the Cockburns of Skirhng, a family of good
account, of a fair estate, though it is now extinct ; Alexander Cockburn of Lang-
ton, the younger, called 7?//i/j, was Keeper of the Great Seal under King Robert
IL and ilL by whom he was made Usher to the Parliament, Ostiarius Parliamenti;
which office the family still exercises.

Henry de Foderinghay, i. e. Fotheringham, who no doubt is the family of
Powrie. The name is as ancient as the reign of King William. I have seen a
charter in the hands of the Marquis of Tweeddale to the Giffords of Yester, to
which David de Foderinghny is a witness, and his seal is appended to the deed ;
ermine, three bars, the same arms that Powrie still wears. I have seen another
charter under the Great Seal, " Thomae Foderinghame filio Henrici de Fodering-
"■ hame de terris de Baluny infra vicecomet. de Forfar," upon Henry the father's
resj.^iiation, dated at Dunkeld the i6th of October, anno regni nostri septimo,
1378, the seventh year of the reign of Robert IL In the subsequent reign of Ro-
bert lIL John B'otheringham acquired the lands of Wester-Powrie, which belonged
to Malcolm de Pourie, to be held of John Ogilvie of that Ilk, baron of Easter-Pow-
rie. There is a progress I have seen of the House of Powrie down to the pre-
sent time, well Vouched with their intermarriages and alliances.

irdliam de Murriff de Tillibardin. The ancestor of his Grace the Duke of
Athol, of whom before.

Reyna/d de Craivford del Cont de Air. This may be either Sir Ronald Craw-
furd of Loudon, of whom vie. have spoke before, or his uncle Reginald Crawfurd.
who got the lands of Kerse from his nephew, of whom came the Crawfurds of
the House of Kerse, and the cadets of that ancient family.

Malcolm de Ergadia Frere, Sir Alexander de Ergadia. This is a brother of the
great House of Lorn, and may be the Bishop of Argyle, who is designed Martin de
Ergytbil Ergadiensis Electus, recommended to the Court of Rome by the King of
England to be institute in the See. This is but a conjecture.

Duncan Cambel del Isles: I cannot positively say who this gentleman is; he is
not any of the heads of the Lochow family ; for that is not the name of them, but
Colin and Neil ; it may be the father of Sir Donald Campbell of Redcastle ; I
have seen the original charter granted by Djvenaldi/s Cumbel Duncano Cambel,
militi, filio sua de terris Rubri Castri in Angus, to which Dmiinus IVdlielmus de Keith
and Dominits Willielmus Lindsay, Rector de Air, are witnesses. I take the date to
be about the 1300 or thereabout. It was he that married the heiress of Loudon.
Sir Andrew Campbell of Loudon, his son, alienated these lands to Sir Robert
St-vvart of Innermeth, as from a charter of confirmation in the registers.

John de Mmtgomerv, of -.vhom before, the ancestor of the Hoiise of Eaglesham
and Eastwood.

Vol. IL 7 Y

34 HISTORICAL AND CRITICAL REMARKS

Rejnald More de Craig. This is Rowallan, of whom we have taken notice be
fore.

Marjory Cumin Dame de Gordon. This is the lady of Sir Adam Gordon of that
Ilk in the Merse, Sir Adam the elder, or pater, as he is designed. But of what
family of tlie Cumins she was, being then so numerous, I cannot say.

Duncan Jitz le C'jnte de Mar. This is a younger son of the House of Marr,
who I think was the root of this branch of the family, who had the lands of Cas-
kieben, which came to the Johnstons of Caskieben by marriage. The family kept
that estate till within these fifty years or thereby.

Ayhner de Haudeii. There were at this time two families of the Haldanes,
Haldane of that Ilk, and Haldane of Gleneagles, who were even then considerable
barons, and swore fealty for lands they held in Perthshire. He was grandfather
by the line of the family to Sir Bernard Haldane of Gleneagles. The House of
Gleneagles have vouchers for instructing their antiquity beyond most other fami-
lies in Perthshire.

Thomas de Boys. This is a surname that was peculiar to a family in Angus,
designed of Panbride, of which the learned Hector Boethius or Boece, that wrote
the History of Scotland, was a son.

Bernard Fresar : That is the same with Fraser, may be a son of Sir Bernard
Fraser, who is the head of the family in the reign of Alexander III.

IVilUam Fraser is another Fraser ; but who he is precisely I cannot say.

Nicol de Preston is the ancestor of the ancient family of the Prestons, designed
of that Ilk and of Craigmillar. They were very ancient proprietors of the barony
of Preston, and got Craigmillar by the purchase of Nicol Preston from John de
Capella in 1374 («). They continued a great family till the time of the Restoration
of King: Charles II. that Sir George Preston of Craigmillar sold the estate to Sir
John Gilmour.

Wtlliam de Sydserf, who must be the ancestor of the' Sydserfs of that Ilk, in
the east country, whose successors I think have lately been designed Sydserff of
Ruchlaw. Of them was Mr Thomas Sydserf, who was Bishop of Galloway at the
1638, was deprived of his bishoprick, and survived the restoration of episcopacy
at the king's return, and died Bishop of Orkney in the 1662.

James de Newton, may be the Newtons of that Ilk, a family in the east coun-
try, of whom I have seen no voucher for their antiquities; though I suppose they
are for all that an ancient family.

Walter de Wedderburn : It seems to sound like a local surname, and taken from
lands so called, though there is no vestige that ever the barony of Wedderburn
in Berwickshire was theirs. 1 have seen a charter in King James I.'s time, Willi-
elmo de Wedderburn, of lands he had of Robert Blackadder of that Ilk ; they came
to be considerable burgesses of Dundee. The first charter I see they have of a
land estate is by Patrick Lord Gray of the lands of Hilton and Wester-Craigie,
to David Wedderburn and to Elizabeth Lawson his spouse, confirmed in the 1552 ;
but they have, the same David and his aforesaid wife, a former charter from
the Lord Gray, of the half of the Mains of Huntly, in the 1542. They came to
be stiled of that Ilk and Easter-Powrie, and another family of Gosford.

Eylmer de Hauden : This is the same gentleman who is designed del Conte de
Edinburgh, and who is the Baron of Gleneagles, who had lands in that county.

Richard de Airtb : Airth of that Ilk in Stirlingshire, that ended in heirs-female
in King James I.'s time, married to Drumirond and Somerville, &-c.

yohn ie Napier, who I suppose is the ancestor of the Napiers of Wright's-houses,
near E.dinburgh, who were an ancient family ; for the Napiers of Merchiston
began but to make the great figure they did in King James IPs time ; of them is
the Lord Napier descended.

Thomas Cambel : I cannot say who this gentleman is.

Serle de Dundas is very clearly the ancestor of Dundas of Dundas,"who can well,
and by authentic vouchers, carry up their antiquity to the days of King David I.
Tliat the first of their family, Helias Jilius Hucbtredi, got the lands of Dundas

(a) Charter in the Register.

ON THE RAGMAN-ROLL. 35

from WahU-Jiis filius C)sp itricii, pro servitio dimidii militis ; from the lands it is
very plain he took his surname. They had also the barony otT"'ingask in Perth-
shire, very anciently, which they held of the crown in libera bnronia, though they
held Dundas but of subjects, to whom the Seaton family succeeded in King Ro-
bert L's time. I have seen a line of succession, well vouched, of the family, till
James Dundas of that Ilk, in King James L's time, that he had charters both of his
barony of Fingask and his la ids of Dundas, from their resj>ective superiors the
king and the Lord Seat n, to him and his wife Christian Stewart, and to James,
tlieir son, in fee («}, and who actually succeeded to the estate on the demise of his
father, to whom he is served ami retoured "■ tanquam legitimus &■ propinquior
" hasres quondam Jacobi Dundas de eodein, patris sui" (A). Tliis James Dundas of
that Ilk, the younger, being allied in marriage with the Lord Livingston, who was
the great minister in the minority of King James IL deeply engaged him in all
their politics, and- that great man, having taken some bold steps in the administra-
tion, they came afterwards to be quarrelled, and the opposition being strong against
him, he and his friends who had stuck to him were all forfeited by a Parliamen-
tary attainder; and, among the rest of his friends, the Laird of Dundas (c), in the
1449, and the lands of Dundas and Echline were given to the Earl of Douglas:
But soon after this the Lord Livingston and his friends being mostly restored, the
Laird of Dundas was restored to all the crown could give him, that was the barony
of Fingask in Perthshire, of which we find his son, Alexander Dundas of Fingask,
invested, and in full possession of, anno 1466 (^/J: And, to show that he was the
heir of James Dundas of that Ilk, his father, his seal, with the other arbitrators, is
appended to the deed, bearing the plain, simple, original arms, the lion rampant;
of whom Thomas Dundas of Fingask is the lineal heir. We shall only further
stay to observe here, that the estate of Dundas stood vested in William i'.arl of
Douglas, and James Earl of Douglas his brother, till his attainder in Parliament
on the 9th of June 1455 (e), when the said estate v/as forfeited to the crown. It
was towards the end of that same year given by the king to Archibald Dundas of
Liston, a gentleman of the family, likely, of whom is come the later Lairds of Dun-
das; but it is clear and evident as the sun at noon, that the Dundasses of Fingask
are the true heirs-male of the ancient Lairds of Dundas, preceding the reign af
King James II. and so are well entitled to wear the principal arms of the family,,
as their ancestor wore them simple and plain in the 1466.

J'jhan. de Crawford is the next in the record to Serle de Dundas. The truth is^
the surname of Crawfurd is then so frequent that it is hard to distinguish them
from one another, John being a frequent name of the House of Kerse, it is pro-
bable this jr>hannes de Crawford may well enough, in the chronology, be the son
of Reginald Crawfurd of Kerse, uncle to Sir Reginald Crawfurd of Loudon, who
was put to death by the English at Ayr in 1297. However this is but a con-
jecture.

Aleyn JValles. This I take to be the second branch of the family of Wallace
who were of Achencruive, of whom Sir Duncan Wallace of Achencruive and Sun-
drum, in King Robert II.'s time, who, having no issue, tailzied his estate to James
Sap.dilands, Allan Cathcart, and Robert Colquhoun, and to their heirs.

R'jbert Boyt, i. e. Boyd, a.nA Dictns Boyt, is to be found in a charter by Sir John
Erskine, of the lands of Halkhill, in ii62(/). No doubt he was the predecessor
of that noble patriot Sir Robert Boyd, who, for the merit and valour of his services
to King Robert I. got the lands of Kilmarnock in 1314, ov whom is descended in
a lineal course of succession the Earl of Kilmarnock.

Maurice de Arncaple is the ancestor of the Lairds of Ardincaple in Dumba'ton-
shire; who were designed Ardincaples of that Ilk, till King James V.'s time, that
Alexander, then the head of the family, took a fancy and called himself Alexander
Macaulay. of Ardincaple, from a predecessor of his own of the name of Aulay, to
humour a patronymical designation, as being more agreeable to the head of a clan
than the designation of Ardincaple of that Ilk.

{a) In the Registers. (V) Penes Dundas de eodein. (c) In the Registers, etiam- penes Dundas ds
Fir;j;ask. {d ] Solemn Arbitration betwixt the abbots of Cupar aiiQ ArbioEih, penes Dundas de Fin.
gasli. (f) Black Acts of Parliament. (/} Penes C. Glasgow.
1

36 HISTORICAL AND CRITICAL REMARKS

Johannes de Johnston, one of the ancestors of the House of Annandale, of whom
before.

Arthur de Galbrait. This was once a considerable family in the Lennox. The
iurname signifies, in the Irish language, as I am told by those who are most con-
versant in that language, the brave stranger. The first I have seen is Gillespick
Galbrait, who is witness in a charter by Malduin Earl of Lennox, to Humphrey
Kirkpatrick, of the lands of Colquhoun. The same Earl Malduin gives a charter
to Maurice, son of this Gillespick, of the lands of Baldernock, KiUearn, &c. They
came to be designed Domini de Gartconnel. IVillielmus de Galbraith, Dominus de
Gartconnel, in the reign of King Robert III. had three d mgTiters, one married to
John Hamilton, a son of the House of Cadyow, the predecessor of the Hamiltons
of Badernoch and Bardowie, another to Nicol Douglas, a cadet of the Douglasses
of Dalkeith, as is said, of whom the Douglasses of Mains, Barloch, and Keyston, in
Dumbartonshire, and the third to a brother of the Logans of Restalrig, of whom
came the Logans of Gartconnel and Balvie, now extinct.

Walter Spreid; he is, in other deeds, designed Si'iiescallus Comitis de Lennox. They
came to be proprietors of the lands of Dalquhern and Covvden, in Renfrewsliire,
and subsisted till King James VI. 's time. The Spreuls of Blachern and Milton
iay they are of them, and Blachern wears the principal arms.

Grejorie Sinclair. This is generally said to be the progenitor of the Sinclairs of
Longformacus in the south, originally a brother of the Sinclairs of Roslin. This
is supported by a charter which 1 have seen by Henricus de Srincto Claro conies Or-
cadice W dominus de Ros/yn, wherein he firmly and faithfully obliges himself to infeft
his well-beloved cousin carissimo consanguineo suo, J icobo de Sancto Claro, Domino de
Longformacus, in a twenty-merk land. The obligation is dated at Roslin the 2 2d
of June 1384. Another James Sinclair, son of the former James Sinclair of Long-
formacus, gets from Henry Earl of Orkney Dominus de Sancto Claro y de I'allis de
Nyth, an annuity of twenty merks. to be uphfted out of the lands of Lenny, dated
the 20th February 141 8 («). From David Sinclair, sou of this James Sinclair of
Longformacus, is the family come, as from a lineal succession of them I have seen :
The family is now in the quality of baronets, as is Sir Robert Sinclair of Stevenston
who is come of them.

Walter de Congleton is doubtless the ancestor of the Congaltons of that Ilk in
East-Lothian. I have seen the name in a charter by Patrick Earl of March, of the
lands of Stanypath, in the 1316.

Henricus Ker. This being a south country gentleman, I take him to be the
root of the Kers of Samuelston, who appear by that title as soon as the 1402.
George Ker of Samuelston died without heirs-male in King James IV. 's time, and
left one daughter. Dame Nicolas Ker, who carried the estate of Samuelston to her
husband Alexander Lord Home. By the heir of line of the family these lands
came by marriage to John Hamilton of Samuelston, natural son to the Earl ot
Arran.

Walterus de Berkeleya I conjecture to be one of the ancestors of the south
country Barclays, who are barons of the half of the barony of Ciawfordjohn in
Lanarkshire, which they had obtained by the marriage of one of the two heirs-female
of Johannes, Jilius Reginaldi de Crawford, in the reign of King Alexander III.
After this we find David Barclay, 7niles, dominus dimidiae baroniae de Crawford-
J/bn, in the reign of King David II. anno 1357 : Sir Hugh, his son, had also the
barony of Kilbirny in 1397, and is so called, and dominus dimidiae baronice de
Crawford-John. His grandson, John Barclay de Crawford- J jhn, as he is designed
in 1456, and de Kilbirney in 1471, had only one daughter, Marjory, his sole heir,
who married Malcolm Crawfurd of Greenock, the ancestor of the present George
Crawfurd Viscount of Garnock, who, through the Barclays of Crawfordjohn is heir
of line of the Crawfurds of Cravs'fordjohn. The House of Kilbirny kept the ba-
rony of Crawfordjohn till the 1529, that Laurence Crawfurd of Kilbirny exchanged
these lands for the estate of Drumry in Dumbartonshire, with Sir James Hamilton
of Finnart, and Dame Margaret Livingston his wife, who was the heiress both of
Drumry and of Easter-Wemyss.

(a) Charters I have seen-

ON THE RAGMAN-ROLL. 3 7

Henry de Laudere, i. e. Lauder. After this we find Robertas de Lnwder pater,
and Roberttts de Lawder Jilius, who was Justiciary under King David IL As his
heir and successor Sir Robert Lawder de Edrington, Dominus de le Bass, was Jus-
ticiarius Laudoniae in the reign of King James L Lauder of Hatton appears to be
come of them in the days of Robert IL

Robert de Fmsyde seems to be of the Fawsides of that Ilk, near Dalkeitli, \vho
were great men about the Stewarts after they came to the crown ; they sold the
estate m King James VL's time.

Johan. de kl}ttlawe, i. e. I think Whitelaw, the Whitelaws of that Ilk, near
Dunbar, who were long a family of credit and reputation. The eldest daughter
and co-heir of Patrick Whitelaw of that Ilk married Sir Alexander Hamilton of
Innerwick in King James Vl.'s days. Some male branch of them, it would appear,
recovered the estate of Whitelaw, and designed themselves of that Ilk; it came
lately, in our own time, to a second heiress, who married a gentleman hom the
^^•est, of the name of Burnside. of the Buruiides of Gavinburn, near Kilpatrick,
who retains his own name.

Gilbert de Drummond. This is the ancestor of the Drummond family, while
they .were possessors of the lands of Drymen, or Drummon, in Lennox, of whom
the Earls of Perth ; for which see the Peerage, where an account of their antiquity,
alliances, oflkes, &-c. are fully described.

Piers de Cockbiirn. This seems to be the root of the Cockburns of Langton,
Ormiston, and Clerkington, of whom the rest of the Cockburns are come.^

Norman de Lescelyne, Chevalier. This is the Leslie of Rothes family, whose
name at that time is Norman; of whom already.

Roger de Crawford del Lonte de Mir. This is for certain the family of the Craw-
furds that were sometimes designed of Cumnock, and sometimes of Tarringin ;
and had also the the lands of Crawfordston in Nithsdale. The direct male branch
of them ended in King James XL's time, and Crawfordston came to Sir Robert
Criciiton of Sanquhar, some apprehend, by marriage ot the heiress: But I see no
voucher, unless it be the tradition, that is not much to be depended on, nor ought
to be carried far where there is any plenty of better vouchers: So much however
is certain, that Roger Crawfurd of Boughs, Daleagles, &c. was, in the reign of Ro-
bert II. anno 1387, brother to Edward Crawfurd of Tarringin; and that he found-
ed the once great House of the Crawfurds of Drongan, of whom came another
considerable family of the Crawfurds of Liffnorris. I have seen Sir George Craw-
furd ot Liffnorris, in the 1630, served heir to his predecessor's brother, Edw'ard
Crawfurd of Tarringin. Of them all the Crawfurds in Kyle are come.

Robert de Graunt must be the ancestor of the family of Grant. They say them-
selves, that a little after this their family came to an heiress, who married a gen-
tleman of the name of Stewart, who assumed the surname of Grant, of whom they
are descended, and is designed del Conte de Fife.

Henry le fitz Annand. Henry de jinnandia seems to be his son, who gets a char-
ter from King Robert I. of the lands of Sauchie, in the shire of Clackmanan, by
his charter I have seen, dated at Peebles decimo die junii, the i8th year of his reign,
i.e. 1324. The family, in King James I.'s time, came to two heirs-female; Mary,
who was married to James Shaw of Greenock, and Margaret, to William Brown of
Coalston; for there is a charter by King James I. '• dilecto &- fideli suo Willielmo
" Brown, de totis &• integris media parte baronias de Sauchy, infra vicecomitatum
" de Clacmannan, totis &- integris media parte de Gartquher, jacen. infra vicecomita-
" tum ejusdem, totis &- integris terris de Fynlory, jacen. infra vicecomitatum de
" Kynross, totis &- integris mediae partis terrarum de Achindrane, jacen. infra
" vicecomitatum de Air: Qusequidem terrae fuerunt Margarets de Annandia ha;-
" reditarie." The lands so resigned are limited to the heirs of her and her hus-
band ; which failing, " Joanni de Schaw, filio &. hseredi Jacobi de Scliaw, scuti-
" ferl nostri, sexto Aprilis, anno regni nostri vicesimo sexto," that is 1431 (<v). The
Shaws after that acquired the other half of the barony of Sauchie from the Browns,

(a) Penes Sir John Shaw Baronetum de Greenock & Sauchy,

Vol. II. 7 Z

3b HISTORICAL AND CRITICAL REMARKS

and came to be considerable barons, both for estate and alliances. Sir John Shaw,
baronet of Sauchie and Greenock, represents the family.

Finlay de Houston, Cheviilier. Tliis is the ancestor of the ancient family of
Houston in Renfrewshire, who have family writs and charters as tar up as King
Malcolm IV. 's time, that the family began in one Hugo de Padvtnan, wiio got ine
lands then called Kilpeter, from Balduiii de B/gris Vicecu,!u-s Regis de Laneik.
From his grandson, another Hugh, the lands were called Houston, and from thence
the surname. A line of the family is made out from the writs in the History of
the Shire of Renfrew, which may be referred to. The family is represented by Sir
John Houston, baronet.

William le Fleeming, Chevalier. This, to be sure, is the ancient family of Fleming
of Barochan, still extant in Renfrewshire, who, at this time, in other ancient
vouchers, is designed Willielmus Flandrensis de Baruchan («); the family still con-
tinues. William I'leming is now of Barochan : His predecessor, and the predeces-
sor of the Flemings of Cumbernauld, were two brothers, and they are in all the
entails of the family ot Fleming.

'John le Senescal, Chevalier. This I take to be Sir John Stewart of Bonkill, bro-
ther to James the Great Steward of Scotland, of whom before.

IVillielmus de Schaw. This is the ancestor of the Shaws of Haylley and Sauchie,
as 1 take it, and is the same gentleman that gets a charter from J wobus Senescallus
Scotia terrtirum de Hadys. The charter is without date, but the granter died in
the 1309, and might be some time before (A).

Robert de la Cbambre, I fancy, is the predecessor of Gadgirth, who is a very an-
cient family in K\le; they are mentioned in the old registers of Paisley, and they
have charters from K.ing Robert the Bruce, and others from the Stewarts before,
who were Lords of Kyle. Captain John Chalmers is now of Gadgirth.

Toomas de Ralphiston, 1 think, may be the Ralphstons of that Ilk in Renfrewshire,
a family still remaining. The name is confined to themselves.

Giles de Eastivood. The same name and designation is to be found under the
great Stewarts; but how the barony of Eastwood came from the Eastwoods to the
Montgomerys, by marriage or conquest, I cannot say.

^lysandre ^iikman is, by this, an ancient surname. Mr Thomas Aikman of
Bromleton and Ross is doubtless of this Alexander Aikman.

Geofry de Hume is one of the ancestors of the Earls of Home, and comes after
the VViiliams ot the family. See the Peerage for more of the Homes.

Dougal Ciimbell ; who this is 1 cannot say.

Arthur Cambell I take to be the Macarthur Campbells of Straquhur; of whom I
have seen a charter in Robert Il.'s tirpe. The family is still continiing; of them
is descended the Campbells of Cessnock in Ayrshire, a considerable family.

David Blare is one of the ancestors of the ancient family of Blair of that Ilk in
Ayrshire.

Duncan Cambell; who this gentleman is I cannot say.

'john de Ramsaye, Adam de Rumsaye. These two Ramsays, I apprehend, may
be the Ramsays of Auchterhouse, and the Ramsays of Cainock, of w hom came
the great barons of Dalhousie, now, and since the 1633, in the quality of earls,

Simon de Orrock is without a question the ancestor of the House of Orrock of that
Ilk, in the shire of Fife, reputed an ancient family.

Piers de Pitcairn. The ancestor of the Pitcairns of that Ilk in Fife, a family I
have seen charters for as far back as the 1417. Of them was Robert Pitcairn,
Commendator of Dunfermline, Secretary during the regency of Murray, Lennox,
Marr, and Morton, a great compiler with every thing that was uppermost; a great
time-server, a great enemy to Qiieen Mary, and a very humble servant of the Re-
gent's. There it no memory of him remaining.

Robertus de Dimdas; who this is, if not Dundas of that Ilk, I cannot say. •

Duncan Macgikhrist de Levenax. This is the predecessor of the Laird of Mac-
failane of the Arrochar, or Macfarlane of that Ilk. The first of his ancestors was

[a) Origins! cViartcrs still extant, mentioned in tlie History of the Shire of Renfrew. (i) Original
charter in ihe hands of Alexander Shaw, writer in Edinburgh.

ON THE RAG^L\N-ROLL.

39

Gilchrist, younger son of Alwin, second of that name, Earl of Lennox. Tliis is
vouched from a charter granted by Maldain Earl of Lennox, " Gilchrist fratri siio,
" de terris de superiori Arrochar de Luss, una cum insulis Elanvow, Elanvanow,
" Elanrouglass St Elaig;" which lands, together with those islands in Lochlomond,
are in the possession of the L-iird of Macfarlane to this day. 1 have seen a charter
granted by this same ALdduin Earl of Lennox, Aiiselm JiHus ALicbd, ancestor to
the Buchanans of that Ilk, de insula dc Clarins in Lochlomond, in 1225, to winch
Gilchrist, the earl's brother, is a witness (,-/). This Gilchrist de Arrocljui's suc-
cessor, son and heir to the former, was Duncan, who is designed Duncanus JUius
Gilchrist, or Macgilchrist, mentioned in the record. He got a confirmation char-
ter from his cousin Malcolm Earl of Lennox: By the charter he ratifies the grant,
" quas Mdduinus avus meub tecit Gilchrist fratri suo de terris de superiori Arro-
" char de Luss.". The charter is m the reign of K.ing Alexander 111. These two
charters are afterwards ratified by K-ing James I. by a charter under the Great
.Seal in the public register. Malduin, his son, was the next of thi line of this an-
cient family, and father to Bartholomew, or Parlane, which, 1 have a good au-
thority for, in the Irish language, is one and the same. From this Parlane his
posterity came to take the patronymic of Macpharlane, or Macfarlane. Malcolm,
his son, is designed MalcAmus Macfarlane, who gets a charter from Donald Earl
of Lennox, of his estate, on the resignation of his father Burtholemew, films Mcil-
ditini: So, from these authorities, the line of the family of Macfarlane is au-
thentically run up to the Earl of Lennox's son, Gilchrist, their ancestor, which is
a very ilkistrious descent, and a very higii antiquity, from this Malcolm Mac-
farlane of Arrochar the family have a well vouciied pedigree, with their alliances,
intermarriages, and their numerous cadets and descendants, as any I have seen, to
Walter Macfarlane of that Ilk, now the head of the family.

Macoirn de Buqubunnan : that is, as 1 take it, Buchanan, the root of that an- j

cient family. Gilbert, his father, was Senescallus dmitis de Levenox, and the first
who got the carrucatam terra de Buchanan, and from it took his na ne. They 1

turned out to be a very considerable family, designed Buclianans of that Ilk.
and had once in a day a considerable estate. They were nuaierous in their cadets, .

though they are not reckoned among the clans. The principal family failed in I

the last century, and the estate is in the possession of the Duke of Mjntrose, who !

has their writs and the charter-chest I have seen. Tiie latest cadet of the House
Oi' Buchanan is Buchanan of Achmar ; and, as such, is reputed the cnief family of
the name, though a great many others have far better estates. But chiefship goes
by blood, not by wealth and riches, whicn is indeed neces:,ary to support the lustre
of a family.

Thomas de Montgomery : Some think this is one of the heads of the Eagleshara
family ; I can say little for or against it : but they have far back a Tiiomas among
them, and likely this is he.

Gilbert de Hanyethe, i. e. Hannay : There was a family of the name in Gallo-
way, Hannay of Sorbie, extinct.

Thomas de Kellyhill : Who this is, or who have proceeded from him, is what I
cannot say.

J)an. de Craigy is, without a question, the ancient family of Craigie of that Ilk,
or Craigiehall in Linlithgowshire : They were ancient proprietors of the estate of
Craigie ; for Joannes de Cragin, i. e. Craigie, is a witness to Dandas's first ch ater
in K.ing David's time. After this they came to be designed of that Ilk. In the
I }^7 'Joannes de Crai^y, D-vninus ejusdem, is m ide mention ot in the chartulary of
St Giles : He got the lands and barony of Braidwood in Lanarkshire, by the mar-
riage of Margaret, the daughter and heir of Sir John de Monfode (b), who hud the
lands ei-ected into a barony by King Robert the Brace ; by whom he had only
one daughter, Margaret, called Domina de Craigy, heiress of Craigie and Braid-
wood, who, in the 1387, married Sir John Stewart, whom King Robert II. calls
his consanjuineus, a younger son of Sir Robert Stewart of Durisdeer, ancestor of

(n) Pene? dacem de Montrose. (*) Writs of thejfamily of Lee. ^

4'-

HIITORICAL AND CRITICAL REMARKS

the Stewarts of Rosy th, of whom came the Stewarts of Craigiehall, who told their
estate in King Charles I.'s time. They quartered the coat of Crai^ie with their
own arms of the Stewarts, Though they be out of the estate the family is not
extinct.

Henry de Dahnaboy, the ancient family of Dalmahoy, near Edinburgh, are now
baronets.

.-indrew Eraser: This is the ancestor of the Erasers of Touch-Fraser, that came
to the Seatons by marriage ; of whom the House of Touch.

Gilbert de MacLurk : That I take to be the name of Maclurg, a surname in
Carrick among the commons.

J-ihan. fit% Neil de Carrick. I take this man to be the predecessor of the
Neilsons of Craigcafie.

Adam le Walys : This is the head of the ancient family of Wallace of Riccarton
in Kyle, who 1 take to be of a Welch extraction, and a very great antiquary betore
me is of the same opinion, that they are descended from Eimenis Caltcuis, witness
to King David's charter of foundation of the abbacy of Kelso. Ruardus Gwal-
lensis, or I'Vallensis, is a witness to charters in the reign of King Alexander 11. and
is then for certain of Riccarton. From this Ricardus I'Vallensis was Riccarton or
Richardston so called. Sir William Wallace, Governor and General of the Scots
forces in 1298, the famous and ever renowned patriot, was his son. John Wal-
lace of Riccarton, in the end of the reign of King David 11. got the barony of
Craigie by the marriage of the heir-female of John Lindsay of Thurston and
Craigie. Of this marnage Sir Thomas WaMace of Craigie, baronet, is the lineal
heir-male, and quarters the coat of Lindsay with his own name of Wallace.

William de Ketbkerk. That is plainly Cathcart, the ancestor of the family of the
Lord Cathcart, who are very ancient in Renfrewshire, and have been designed
domini ejiudem and mi.'ites since King Robert I.'s time. They were raised to be
peers by King James II. in 1452. Charles, now Lord Cathcart, is his Imeal
lieir.

Nicol le Wallets: This is another branch of the House of Riccarton.

Renaiid, i. e. Reginald More, the Polkelly Mores, that was the root-family of
the IMores, that in the reign of King Robert I. came by an heiress to the Mures of
Rowallan.

Roger de Crawford : This is the Tarringin Crawfords ; for Roger was a fre-
quent name among them in the more ancient times.

Robert de Boyvit : That is plainly Boil or Boyle of Kelburn, who is then and
before that a family existing in the country of Cunningham and shire of Ayr.
Richard Boyle, or de Boyvile, is proprietor of the lands of Rysholm, in tenemento
de Dalray, which, among other lands, are erected " in unum et integram liberam
" baroniara," by King Robert the Bruce, Fcrgusio de Ardrossan, as is clear from
the charter in the register. After him there is a charter granted by " Wakerus
" Cumine de Rowallan, Ricardo Boill, Domino de Caulburn," as from the charter
in Mr Anderson's Diplomata Scotia. ■ The charter is in King David Bruce's time.
The family continue still, but ^re lately raised to the rank of nobility ; first, in the
1699, David Boyle of Kelburn was created Lord Boyle, and then Earl of Glasgow
in the 1703.

William Butle : Who this is I know not. And then

Ayhner de la Huntar is for certain the Hunters of Arneil, designed of Hunters-
ton, and of that Ilk. In an ancient bounding-charter of lands, it is bounded with
terris Normani venatoris, which is plainly the lands of Arneil-Hunter, which is
the lands of Hunterston. They have a charter of the lands of Arneil-Hunter
from King Robert II. and it is in the registers ; also I have seen the writs of
the family from this time till Robert Hunter of that Ilk, the present proprie-
tor.

Raiilf de Eglinton is the ancient family of the Eglintons of tliat Ilk, which ended
in the daughter and heir of Hvgo de Eglinton,Dominus ejusdem, married to Sir John
Montgomery of Eaglesham, in King Robert II.'s time.

Kiel Jit7. Robert de Dulop: If this be the predecessor of Dunlop of that Ilk, and
if they had the lands of Dunlop, they have gone from them again, for they are in

ON THE RAGMAN-ROLL. 41

the tamily of Douglas after this, as a part of the barony of Stewarton ; for in the
marriage articles betwixt John Earl of Buchan, son to the Duke of Albany,
and Lady Eluabeth Douglas, daughter of Archibald Earl of Douglas, in the 1413,
he gives him the lands of Dunlop, 8tc. as from the original 1 liave seen in the
register : However, after this the surname of Dunlop got or recovered the lands of
Hunthall in Dunlop, of which Constantine Dunlop is proprietor, and were in non-
entry in 14S3, since the decease of Alexander Dunlop his guidsue. This Con-
staiirine Dunlop, who is first designed of Hunthall, comes to be designed of that
Ilk in the 1409 ; the succeeding lairds of Dunlop are come of him, Erancis Dun-
lop is now of that Ilk.

Adam dj la More may be the Rowallan Mures.

GiliUQreftz Edward is the head of the Cunninghams of Kilmaurs, though then
designed patronymically, and are the ancestors of the Earls of Glencairn.

Ralph Fenye, I take to be Fairly of that Ilk, a very ancient family in Cunning-
ham, who were originally Rosses ; and getting the lands of Fairly, he took the
name from the lands. The tamily is now extinct ; for the Fairlys who now stile
themselves of that Ilk, are of the Fairlys of Burntsfield near Edinburgh, a branch
of the Fairlys of Braid, wiio were also a very ancient family.

IVilliam de Crawford : 1 take this to be the branch of the Crawfurds of Loudon,
who .vere afterwards designed of Haining in Stirlingshire, which became one of
the most considerable families of the name of Crawfurd. It came to end in an
heiress in the time of Q_iieen Mary. She married Thomas Livingston, son to the
Lord Livingston, of whom came the Crawfurd Livingstons of Haining, of them are
the Crawfurds of Lochcoat, and tlie other Crawfurds in Linlithgow. Of them was
also Nicol Crawfurd of Osgang, Justice-Clerk in King James V.'s time.

IValter de Lynne is without doubt the ancestor of the Lynnes of that Ilk, a little
ancient family in Cunningham, but lately extinct.

Murchaw de Montgonwry is another family of Montgomery, distinct from Eagles-
ham and Stair, and may be the Montgomerys of Thornton, reputed one of the
ancientest families of the name. John Montgomery of Thornton was forfeited in
King James V.'s time, and his estate given to the Lord Home ; his only daughter
was married to Sir Alexander Hamilton of Innerwick {a).

Nicol de Acbethlec, i. e. Auchinleck of that Ilk, an ancient family in Kyle. A
successor of his, Johannes de Auchinleck, dotninus ejusdem, miles, gives to the abbot
and convent of Paisley, " pro contemptu et violatione lis factis cuidam monacho
" ipsius monasterii, vasa sua seminaria amputando, per me et complices iiieos,
" viginti solidos Sterlingorum, de terris et proventibus firmarum terrarum mea-
" rum, ad duos anni terminos," dated the loth May 1385 (6). This mortification
is ratified by Jibannes Auchinleck, dominus ejusdem, in the 1392. James Auchin-
leck of that ilk, his son, was slain in a family feud, or a petty war, by a neigh-
bour of his own, Robert Colvil of Ochiltree, in the 1449. It was he that got the
barony of Glenbervie in the Merns, by the marriage of the daughter and the co-
heir of Alexander Melville of Glenbervie. John Auchinleck of that Ilk, his son,
having married, in his own time, James Auchinleck, his son and apparent heir,
to Egidia, daughter of John Lord Ross, by whom he had only one daugliter, who
was heir of line to her grandfather. He had a second son, of whom llowed the
Auchinlecks of Balmanno. In the 1499, S'"" Jol'" Auchinleck of that Ilk disponed
his estate without the king the superior's consent, to William Cunningham of
Craigends, and Marion Auchinleck his spouse, daughter to the said Sir John;
whereupon the estate recognosced, and the barony of Auchinleck was thereupon
given by King James IV. to his servant, as he calls him, Thomas Boswell, son to
Sir Alexander Boswell of Balmuto, in the 1505. The heir of line of the family
of Auchinleck of that Ilk, Dame Elizabeth Auchinleck, got the barony of Glen-
bervie, and married Sir William Douglas, son to the Earl of Angus, of whom is

(a) Writs from the register, and the writs of Innerwick. (i) Chartulary of Paisley ; the tradition
is, the ge;itleman got the monk lying with his daughter.

Vol. 1L 3- A

4^

HISTORICAL AND CRITICAL REMARKS

come t!ie Douglas family, and all the other branches flowing from that illustrious
stock ever since.

Malcolm Lockart del Conte de Air is for certain the ancient family of Lockhart
of Barr in the west, now extinct.

John de Maccusuel seems to be one of the ancestors of the House of Maxwell,
while they had their estate in the west, in the barony of the Merns in Renfrew-
shire.

Philip le Engleys is the Inglises of Brankesholm and Manor, and afterward, of
Murdiston in Lanarkshire, a family of good antiquity, but now extinct ; for Alex-
ander Inglis, the present Murdiston, is not of this family, but heir of line of the
Inglises of Inglistarvet in Fife, a family as ancient as King Robert II.'s time, from
the writs of that house I have seen.

Symon de la Chambre, who may be Gadgirth's predecessor.

Robert Eraser : I take this Fraser, being in the west, to be the ancestor of the
Frasers of Knock in Ayrshire, who had been very ancient there, and lasted a fa-
mily till King Charles II.'s time.

Fergus de Bard : This may be the Bairds of Kipp and Evandale, who were a
great family m Lanarkshire that were very considerable.

Henry de Swinton is the ancient family of Swinton, who are of great antiquity.
Their ancester is that Armtlpbus, miles, who gets a charter of Swinton, " faciendo
" servitium monachis Dunelmensibus," and another of the same lands, " Red-
" dendo xi. solidos per annum, sine servitio;" and from the lands the proprietors
took the surname. Sir John Swinton came to be Dominus de Mar in right of
courtesy, by the marriage of Margaret Countess Dowager of Douglas, and in right
of her own blood Countess of Marr in 1389, as from vouchers in the chartulary of
Melrose belonging to the Earl of Haddington. John Swinton of that Ilk was the
Scotsman in all Scotland that complied most with Cromwell, and was by him
made one of his lords of the Other-house: He was forfeited 165 1; but from some
nullities in form of process the estate was restored, at the Revolution, to his son Sir
John Swinton of that Ilk.

Thomas de Crighton, the ancestor of the Lord Crichton's family, that were for-
feited in King James Ill.'s time, of whom the Viscounts of Frendraught were
the lineal heirs, and were forfeited since the Revolution for adhering to King
James VII.

Aleyn de Elpbingston, the ancestor of the Lord Elphinstoae's family, of whom al-
ready.

Ada de Fraser is another Fraser of whom I can give no account more than that
she was prioress of Eccles.

Adam de Lnmisden is the ancestor of the Lumisdens of that Ilk, who have a
a charter from John Earl of Angus in 1332, of the lands of Blanern in the Merse,
which I have seen. Robert Lumisden of Innergelly in Fife is the heir of the fa-
mily.

Adam de Nisbet, the ancestor of the ancient family of Nisbet of that Ilk, which
is a local surname, and of a very high antiquity ; they continued down till King
Charles I.'s time, that they fell low by their sufferings for the royal cause; the
family was represented by the learned herald and antiquary Mr Alexander Nisbet,
who wrote the large System of Heraldry lately, that is in every body's hands, and
was a worthy modest gentleman, who had as many friends, and as few enemies, as
any man I have known. Nisbet of Dean is now the best family of the name, and
a baronet.

yohn de Englys, may be the Inglises of Tarvet in Fife, that got Tarvet by an
heiress of that Ilk.

Alleyn Dinwithie, I apprehend, is the Dinwiddies of that Ilk; the family con-
tinued long. I have seen Alexander Dinwiddle of that Ilk forfaulted for joining^
with the English, in 1543, in the records. There are some people of the name in
and about Glasgow, people of credit and respect, and in the magistracy.

'Robert de Blackburn; there are people still of that name, both in Aberdeenshire
and in the west.

Adam Corbet may be Makerston, or Hardgray.

3

ON THE RAGMAN-ROLL. 43

Ralf Bioun, I fancy, is the Browns ofCoalston in East-Lotliian ; they may be of
that iValterus le Broun, witness to a requisition of the possessions of the church of
Glasgow, by David, Comes, in the rei,u,n of King Alexander L Thomas de Broun is
a witness to a charter by Ro^er de Mjiibray, to the predecessor of the Lai ids of
Moncrief, in the time of King Alexander IL Knathe'C Ricardustde Broun \s i'oi:-
laulted in the Black Parliament anno 1320: The tamily have a charter from King
David 11. Jjhanni Broun f/io David. Bruun de Colstan. Tlie family is now split be-
twixt the heirs-male and the heir of line.

Thomas de Bunch: This must be the Bunkles, the old possessors of the lands of
Bonkill that, about this time, came to the Stewarts by marriage. Sir Alexander
Stewart of Bonkill was created Earl of Angus by King Robert the Bruce ij-j.

Walter Johnslon; who this may be I cannot say.

J'jhn de Chisome was the Chisholms of that Ilk, from whom flowed the once
great family of the Chisholms of Cromlicks in Pertlishire, they were come of
Thomas Ghisholm, brother to a bishop of Dumblane, in Kina; James IIL and IV.'a
time. They were a rich family, and had several pr.-lates that were sons of them,
and they allied and intermarried with most of the great families in the country;
they are now quite extinct, and not a memory left of them in the male line.

IVilliam de Eyton. This was a very ancient family, and sprung from the great
family of the Vescys in England, of whom Sir William Dugdale has given a long
thread of pedigree in the Baronage of England ; they had the great barony of
Sprouston in the south. The Ayton family was come of Gilbert de l-escy, who,
getting the lands of Ayton in the Merse, took his surname from the lands as was
an usual, or rather a common ordinary way and practice; they continued till King
James IlL's time, that a brother of the House of Home married the heiress, and
comes to be designed George Home of Ayton ; the lady had an uncle, her father's
younger brother, Andrew Ayton, captain of the castle of Stirling in the days of
King James IV. To whom that king gave by his charter, " pro fideli & bono servitio
" terras de Nether Dunmure in vicecomitatu de Fife," in the 1507. By a new
charter from the crown, the lands were called Ayton, and the family styled of that
Ilk. Sir John Ayton of that Ilk left two sons; Robert, who, upon his succeeding
to the estate of his uncle, Robert Lord Colvil of Ochiltree, in 1729, assumes the
surname of Golvil. The second, Andrew Ayton, Esq. late provost of Glasgow,
who represents his paternal ancestors, and carries their arms: they had some ca-
dets, as Ayton of Inchdarnie, Ayton of Kippo, Ayton of Kinglassie, Aytnn of
Kinaldy, &c.

Johan. IValeis de Overton, whom I know nothing of at all, more than of another
following him,

Robert Russel, in the record.

IVdliam de Bosivel. This I take to be the ancient family of Boswell of Balmuto,
while they resided in the south, and before they came to settle in Fife, where they
arrived to be a very great fanvily, and were great men.

Robert de Ramsay. This may be the Dalhousie family, of whom before.

Nicol de Rutherford is the ancestor of the family of Rutherford of that Ilk, of
whom before.

Seir Le Fifz Thomas de Frisle. As I have obsen^ed before in these remarks, the
Frasers are so numerous that they cannot well be distinguished ; but they are most
generally south country Frasers.

Erchibald de Moravia. This is for certain the ancestor of the ancient family of
Faiahall, now Philiphaugh, v.hose descent cannot ht instructed from any other
family of the Murrays; though, if I might be allowed to make a conjecture, being
a south country family, it is highly probable they may be of the iVlurrays of
Buthwell, who had Smelholme and other lands in the south: If they be of Bothwell,
they must be a very early cadet; Archibald de Moravia is the first of them that
is in this record anno 1296. The first charter they have is one granted by Jucohus
Dominus de Douglass to this Archibald's son, " Rogero de Moravia, filio Archi-
" baldi de Moravia, de terris de Falla," in the 132 1. The charter is transumed by
Bishop Dunbar of Aberdeen, Register in James V.'s time; there is a precept di-
rected from Henry Bishop of St Andrews, to Bishop Wardlaw. in the year 1412,
to give sasine to WiUiam Borthwick of an annuity out of the lands of Princado,

44 HISTORICAL AND CRITICAL REMARKS

in the barony Stowe. John Murray of Falahall gets a charter from King James IV.
" Dilecto tamiliari sue Johanni Murray," of the half of the lands of Philiphaugh,
on his own resignation, anno 1508. He had also another charter trom the same
king, " de totis terris de Pitgyl, ni vicecomitat. de Selkrig, nee non minutas cus-
" tumas &- firmas burgales viUe &■ burgi nostri de Selkrig, una cum officio vice-
" comitatus de Selkrig;" the charter under the Great Seal is dated the last of No-
vember 1509 in the Register. John Murray of Philiphaugh is now member of
Parliament for the forest or shire of Selkirk, whose family writs can derive him
down from his ancestor in 1321. There are other Murrays of Philiphaugh, as the
the Murrays of Romano, of whom Stanhope, the Murrays of Skirling, of whom
Melgum and Deuchar.

Laurence de Fris/e. This is Drumelzier.

Jybn de Hope. This gives an ancient descent of the surname of Hope, almost
500 years back.

Thomas Biintyng. There is a family of the name in Dumbartonshire, designed
of Ardoch; but there is no vouchers extant to connect betwixt this Thomas and
them, though it is probable they may be of him.

Osbeit de Chartre may be a branch of the Charteris family, styled of Amisfield.

Nicol Ker is the ancestor of the Kers in the south j but whether the Kers of
Cessford, Fernihirst, or Saniuelston, I cannot say. i

Cbristin Loccard may be very probably one of the ancestors of the most ancient
family of the Lockharts of Lee, and son of Sir Malcolm, and father of Sir Simon
Lockhart of Lee, in the 131 7, a donator to the abbacy of Newbottle, of whom
is the family of Lee come, and all the great branches and descendants of that fa-
mily.

Robert de Betun; of whom before.

William de Moncrief, the ancestor of the Moncriefs, of whom before.

Richard Mushet ; this is a very ancient family, designed in Latin de Montejixo,
and were barons of Cargill in Perthshire; Sir William de Montejixo was Jiuticiarius
Scotia in the 1332. By his daughter and heiress, the estates of Cargill and Stob-
hall came to Sir John Drummond, one of the ancestors of the noble family of
Perth; Mushet of Burnbank was the heir-male, but lately decayed, though severals
in Monteith are of them, as the Mushets of Craighead, Cailzichat, Mill of Torr,
and Mill of Goody.

Thomas de Ramsay. Who this is I cannot say.

Johem. Skeen, Patrick de Skeen, may be two of the ancestors of the Skenes of
that Ilk, father and son; they had a charter of the lands of Skene from King Ro-
bert the Bruce, erecting the lands in a free barony. They have letours from this
John's son till the 1624, and a good account can be drawn of them from their
writs and charters in the register. Sir John Skene of Curriehill, who was Lord
Register, and a great man as a lawyer, was a nephew of the family, the seventh
son of Robert Skene of Raemore. A full account can be drawn up of the Skenes,
and vouched from undoubted authorities.

William fitz Andrew de Douglas. Mr Hume, in his History of the Douglasses,
affords us no light who this gentleman is, and the truth is, 1 can make no conjec-
ture about him, if he be not the ancestor of the Douglasses of Dalkeith, now Earls
of Morton; but this I will not assert, only he is ^tiign&A ael Conte de Lithgow,
where their lirst possessions were ; or he may be the ancestor of that old branch of
the Douglasses of Pumpherston that failed in Sir Joseph Douglas anno 1681.

Henry Craik seems to be a south country name. There is a family still extant
of the surname of Craik, styled of Ardbigland.

Walter Ochterlony. This without question is the Auchterlonies, styled of that
Ilk, and of Kelly in Angus, now extinct.

Johan. de Morreff. This may be the Murrays of Blackbarony, who claim an
ancient descent and independency from any other Murray ; there is Alexander de
Mj) avia of this line in King Robert II.'s time, and John de Moravia de Black-
barony in the 1409. in the registers. Mr John Murray of Blackbarony was in fa-
vour with James IV. who gets charters erecting a great many lands into the barony
of Blackbarony in the 1505. Sir Alexander Murray is now of Blackbarony, ba-

ON THE RAGMAN-ROLL. 45

ronet, who, by tlic similitude of his arms, seems to be of the same stock with the
JVIurrays of Phihphaugh.

Andrew Frisel; who he is I cannot teU.

Joban. Alonipeniiy, the ancient family of Pitmilly in Fife, who have writings in
Alexander IL's time.

Johan. IVyscard, i. e. Wishart, who is either Pittarrow or Logic, both ancient
families, now extinct.

Alsyndure de Allaidyss, i. e. Allardice of that Ilk, an ancient family in the shire
of Kincardine. They got a charter of the lands of Alrethes horn King William,
since called Allardice, from whence is the surname; from this time there is a series^
of writs in the hands of the Laird of Allardice. He is heir of hne of the Earh of
Airth and Monteith,

Humphrey de Midleton is the predecessor of the Earls of Middleton ; they were
once a family of note, but they fell lower for some generations before. They were
again raised to liigh honours and dignities by Lieutenant-General Middleton,
created Earl of Middleton in the 1661. Charles Earl of Middleton was attainted
in Parliament for being in France with the late King James VIL where his family
now resides.

Robert le Falconer, the predecessor of the Lord Halkerton, in the Merns, or
shire of Kincardine, a very ancient family there. They have charters from King
William the Lion, and have, in all ages since, been considered as a great baron's
family. There is a charter in the registers of King David to David le Falconer
jiHolo juo, his godson, which is explained by the clause in the preamble, " queni
" ex sacro fonte levavimus," of an annuity to him out of lands, as from the charter
in the register. A line of the family, with their marriages and alliances, can be
drawn out of the registers, and other vouchers, down to our time; for the house
of Halkerton wa« burnt by an accidental tire in the 1679, and the charter-chest
utterly destroyed. They were raised to the peerage in the 1647, as the merit of
the great zeal and loyalty Sir Alexander Falconer, the head of the family, had
shown in the Parhament that year, for reheving of good King Charles from the
English sectaries, when he was a prisoner at the Isle of Wight. David, the present
Lord Halkerton, is his lineal hei'.--male, and so has right to the peerage.

Ricbard de Boyvile del Conte ilc Air, who I take to be the ancestor of the Boyles
of Raysholm in the vvest^ in Dairy, and of Wamphray in Annandalc, whose
heiress, in King James IV. 's time, married a brother of the House of Johnston, as
from a charter in the records 1513. Of this family of the Boyles of Raysholm
and Wamphray the great English Boyles do derive their origin and descent, and
acknowledge themselves to be come of the House of Kelburn, who are now in
the dignity of Earls of Glasgow.

Andrew de Ker del Conte de S:revelyn. This must be the Kers of Kilmore that
were of an old standing in that shire. Sir Alexander Ker of Kilmore, in the
reign of King James IV. left two daughters his co-heiresses ; the eldest married a
son of the Forresters of Corstorphine. and Agnes married John Stewart, brother to
the Lord Evr.ndale ; of whom came the Stewarts of Kilbeg..

Margaret, who was the wife oi Piers de Lundy. This seems to be the iamily of
Lundie in Fife, who are certainly come of a son of King William the Lion, from
a great many unquestionable vouchers;, of whom James Lundie of that Ilk is the
lineal heir.

Roger de Houden is one of the families- of the Haldanes; of whom before.

Roger de Kilpatrick I take to be the Torthorald branch of the Kirkpatricks,
which came afterwards to the Carlyles by marriage; of whom came the House of
Garlyle.

Gilbert de Johnston, one of the progenitors of the House of Annandale; of whom
before.

Hewe de Orr is the surname of Orr, which gives the name a high antiquity. I
have seen the name in writs in King James IV.'s time ; it is a numerous name in
the west end of the shire of Renfrew, in the parish of Lochwinnoch, where ther eare
some heritors of the name. John Orr of Barrowtield has now got a great estate;
but he is originally extracti;d from the Upper- Ward of Clydesdale, in the barony
of Cambusnethan.

Vol. U. SB

46 HISTORICAL AND CRITICAL REMARKS

Gilbert Makmaht, i. e. Macmath; of which name there was a family styled of
thai Ilk in Nithsdale; of whom I have seen, in the Dake of Q_Lieensberry's hands,
a series of writs smce the reign of King James I. for about 300 y^ars.

Gilbert de Carlyle is the ancestor of the Lords Carlyle. 1 have seen an original
charter granted by H'illielmus de Bruce, the ancestor of the great Lords of Annan-
dale, to Adam de Carleolo, of several lands in Annandale. The came to be very
considerable barons; and, in King Robert the Bruce's time, S William de Cirlyle
married iMargaret, that king's sister, as from charters in the register Thev be-
came peers. Lord Carlyle, in King James lll.'s time, anno 1473. In King
James VI. 's time the family split betwixt an heir-male and an heir ot line, which
brought It to ruin; for, as Michael Lord Carlyle left an elder son, who had a
daughter, so he had a second son, Michael Carlsle, to whom the father designed
his estate, which was reduced at the instance of his niece, his elder btotner's
daughter; but, in the competition, the estate was near torn to pieces. The lady,
the heir of line, married James Douglas of Parkhead, whose son. James Douglas of
Torthorald, was created Lord Torthorald anno i6oy. The right to the digniiy still
resides in William Carlyle of Lochartor, in the stewartry of Kirkcudbright, as
heir-male and of line to Michael Carlyle, son to Michael the last Lord Carlyle, to
whom he was served and retoured heir not long since.

Thomas de Colvyle is the Colvil of Oxnam in the south, whose son. Robert, as I
take, came to the estate of Ochiltree, as heir-male, in the 1324, as from the char-
tulary of Melrose, belonging to the Earl of Haddington.

Adam de Colvile is another branch of the House of Ochiltree, of whom I cannot
say any more.

Hllliam de Harris is, no question, the progenitor of the Herrieses of Terreagles,
who came to be Lords Herries of Terreagles in King James IV.'s time; and, in the
1543, ended in three co-heiresses; of the eldest came the Maxwells Lord Herries,
that came to be conjoined with the dignity of the Earl of Nithsdale, since the re-
storation of King Charles II.

John Bard, and Robert Bard. I think these two gentlemen, of the surname of
Baird, are the two families of the Bairds of Evandale and Cambusnethan. Cam-
busnethan came by marriage, in King David's days, to Sir Alexander Stewart^
afterwards of Darniy and Cruxston, who gave the lands of Cambusnethan to Janet
his daughter, and to Sir Thomas Somerville of Carnwath, her husband, in the 1390.
He was afterwards honoured and invested with the dignity of Lord Somerville
14:7. A family in Banffshire seems to be derived from them, Baird of Ordinhoof,
of whom came the Bairds of Auchmedden, and of them again the Bairds of New-
byth and Saughtonhall, both baronets.

Fergus del Schaw; who this is I cannot say, but doubtless it is some branch of
the House of .^auchie or Haylley.

Renauld de Cratifoide. This gentleman may be either Sir Reginald of Loudon,
the younger, or Reginald, some of the Kerse family, or the head of the House of
Auchinames ; and the same Reginald de Crawford to whom King Robert 1. gives an
annuity out of the lands of Ormsheugh; and, as I take it, the Reginald Craw-
furd. grandson to Thomas Cravvfurd of Auchinames, who, in 1401, makes a mor-
tification of a chaplainry in the church of Kilbarchan, " pro anima Reginald!
" de Crawford avi sui." Of whom there is a series of the House of Auchinames.

Alan le Calyntar, one of the House of C .llendar del Conte de Strivelyn.

William Br'un de Gamelshiells, a family of the Browns, of whoml can say nothing,
if it be not the ancestors of the Brovvns of Coalston under this designation.

Robert MaeConib; this the surname of Malcolm, of which there are some gentle-
men in Fife ; this gives it a high antiquity.

Frere Alysandre de Argyle, some churchmen of the House of Lorn, de Ergadia
and then Macdougal.

Thurbrand de Logan. The surname is ancient, being found in the charters of
the Constables to their vassals in Cunningham, in the reign of Alexander U. in the
Earl of Loudon's hands, granted to the Crawfurds his predecessors; but whether
the ancestor of the west country Logans, or the Hi.use of Restalrig, or of both, I
cannot say ; but I am sure the House of Restalrig, in the time of King Robert II..
had the barony of Grugar in Cunningham.
3

ON THE RAGMAN-ROLL. 47

John de Corbet, another tamily of the Corbels besides Makerston, likely the
Corbels of Hardgray, of wliom before ; of them are the Corbels of Towcross in
Lanarkshire.

Sir Htfrbert de Maccusuel, i. e. Maxwell, one of the ancestors of the great
and noble family of Maxwell that have made, as well in ancient as in more 110-
dern times, so great a liguie m our history, and have so meritoriously been
raised to honours, dignities, and high commands, in the service of their country :
they were Peers, Lords of FarUament, at the rirst institution of that honour by
King James \. as soon as the 1429 ( >). The family attained to be Earls of Mor-
ton in tue 1551, on the fall of the regent Morton ; but that dignity being restored
to the Douglasses of the House of Lochleven, the family of Maxwell was in lieu
ef the fomer dignity, made Earl of Nithsdale.

Sir Richard Fruser is some of the south country Erasers of the House of Tweed-
dab, who are designed sometimes in old writs Vicecomites de 2'ravockquair, which
I take to be the sheriifship of Peebles ;. to his name is added del Conte de Drunu
/rise.

J nn^s de Lindsay is well known to be the ancestor of the great family of the
Li.ids lys of Dunrod. It was he that assisted iving Robert L to dispatch the per-
fidious Cumin in the church of Dumfries, ilis heir and successor, John Lindsay
of Dunrod, gets charters from Ring Robert 111. when he was Earl of Carnck, of
the Mains of Kilbride, which is confirmed by the king his father in the 1374, in
the registers I have seen ; they became a great family, and had a vast estate, both
in the shu-e oi Lanark and Renfrew, where the lands of Dunrod lie. They con-
tinued till King James Vl.'s time, that Alexander Lindsay of Dunrod falling in
bloodshed, and having killed the laird of Leckie of that Ilk, his estate visibly
melted away, and he suftered a great reverse of fortune ; for he, who had once so
great an estate, came to beg his bread amonj^ his friends before he died, as I have
been credibly informed by old people, who knew him in the decline; of his age,,
in that poor situation. The family of Dunrod is represented by William Lindsay
late of Blackholm and Balquharage, who bears the arms.

Sir jrllexander de Lindsay is the ancestor of the Lindsays of Barnwell and.
Craigie, or a branch of them.

Allan de Moreff, del Conte de Forres, is a. north country Murray of the House
of Duffus and who came to be designed of Coubin.

Sir Dovenald Cambel, del Conte de Dunbarton ; I see no other Sir Donald Camp-
bell at the time, but Sir Donald who is of Redcastle, and the same noble person
who gives the half of the barony of Redcastle to Sir Duncan Campbell of Loudon,
his son, and is the Dovenaldus Cambel who is one of the Barones Regni Scotice who
write the memorable letter to the Pope, in the 1320, anent King Robert the
Bruce, and the independency of Scotland.

Sir Willi, an de Rotbwcn, i. e. Ruthven, the ancestor of the Ruthvens of that
Ilk, of whom came the Earls of Cowrie ; of whom before.

Sir Archibald de Livingston ; of whom before.

Sir Ntcol de Graham, del Conte de Litbgow, is, as I think, that branch of the
Grahams of Abercorn that I think came afterwards to the Mores by marriage of
the heiress.

Thomas de Dahiel, the predecessor of the Dalziels of that Ilk in Lanarkshire ;
the name is ancient and local ; how thev lost the estate of Dalziel I cannot say,
but likely by forfeiture : They were given by King David Bruce, " Malcolmo
" Fleemmg, mditi, quod ipsi habeant teneant et possideant baroniam de Lanzie,
" baroniam de Kilmaromck, et omnes terras suas baronis de Dalziel, et omnes
" alias terras quas de nobis tenet in capite, in liberam warrenam in perpetuuni,
" apui Castram de Kildrummy, vicesimo die mensis Junii, anno regni nostri
" tertio decimo, 1343" {b). The estate of Dalziel came next to Robertas de la
Fal, but not Dalziel ; tor there is a charter by the same King David II. " Roberto
" Senescallo de Shandbothy de terns de Dalziel et de Modervile infra vicecomi-

C<7j Dtcreet of Parliament in the Registers. (l>) In the hands of Mr Hamilton of Daliiel.

48 HISTORICAL AND CRITICAL REMARKS

*' tatum de Lanerk, nos contingentes pro eo, quod haeredes quondam Roberti de
" la Val, militis, contra fidein ct pacem nostram in Anglia commorantur, tenend,
« et liabend. eidem Roberto et ha.'redibiis suis in liberam baioniam, adeo liberum
" :;icut quondam Malcolmiis Fleemmg et Robertus de la Val eandem tenueiunt."
The charter under the Great Seal is dated the 20th of March, the 33d year of the
kuig's reign, i. e. 1363 («).

1 think the heirs of Sir Robert de la Val have been restored to the barony of
Daiiiel and Moderville, which, by two co-heiresses, came to Sir Duncan Wallace
and J'ihn de Nisbet, who, in a writ I have seen (6), are designed Domini participes
bnronice dc Daiziel : that imports that they were heirs portioners of the estate ; Sir
Duncan W.illace gave his part baronice de Dnlziel et de Modervile, failing heirs
of himself and his second wife, as I take it, Kleanora de Bruce, Comitissii de Cur-
rick ; she was Countess Dowager of Carrick, and herself a daughter of Sir Archi-
bald Douglass, sister to William first Earl of Douglas, and widow of Sir James
S .a.lilands of that Ilk. He provides the estate of Daiziel to Sir James Sandiiands,
his lady's son; the charter from the crown is dated in the 1374 {c). Sir James
S;i;idilands of Calder alienated the barony of Dalziel to George Daiziel, son of Sir
IV.lliam de Daiziel, which is confirmed by a charter under the Great Seal, 5th
July, the 5th of Robert II. 1395, by the charter proceeding on Sir James Sandi-
lands' resignation, whom the king calls his brother, being married to his sister.
The estate is limited to the heirs-male of George de Daiziel, the receiver of the
charter, and to the heirs-male of his body ; which failing to the heirs-male of
Sir Witliam de Dulziel, his father, whatsoever. From this gentleman descended
the following series of the lairds of Daiziel, who were raised to be Lords Daiziel
in 1628, and in 1639 Earl of Carnwath. I shall just stay so much longer on this
remark as to observe that the other half of the barony of Daiziel, that was John
Nisbet's part, laid the foundation of the Nisbets, called barons ot the half barony
of Daiziel and Moderville {d), that were a good family and subsisted till King
(.'harles l.'s time. Of this branch of the Nisbets, of the ancient family of the Nisbets
of .hat Ilk, flowed the Nisbets of Dean, being descended of Adam Nisbet, a son
of the ba-rns of Daiziel, who came to Edinburgh a merchant in King James IV.'s
tinv'.g^ S.r Patrick Nisbet of Dean, baronet, informed the author of these Remarks.,

David Moreff] Parsona Ecclesite de Botbwel. This is a, clergyman perhaps of
the House of Bothvvell, who were then of the same surname, and was long before
the founding the College Kirk of Bothwell by the Earl of Douglas in the.
1398.

Robert de Ciininghavie : This is Cunningham for certain, and the same noble
person who had a charter under the Great Seal from King Robert the Bruce,
of the lands of Lambrochton, and is the ancestor of the noble family of Glen-
cairn.

Walter fitz Gilbert de Homildon is the same great man that is mention-
ed before in this record, and on whom we have made remarks and some
critical observations before. All that we shall add here is, that he must be a very
considerable person, and possessed of an estate in different places, when he is
swearing fealty to the King of England at different counties ; though by the by
he seems to have a special relation to the shire of Lanark.

Alisundre Scot de Perthick : From writs I have seen he had the lands of Per-
thick-Scott, that is, the lands of Scotston in Renfrewshire, which from him came
to Nicolaus de Strivelyn de Busbie; and, by his daughter and heir, to John Semple,,
;i brother of the House of Elliotston, whom, in the 1409, I have found designed;
Lord ot Perthick (e). By his daughter and heiress the estate came to Sir Walter
Stewart of Arthuily, son to Sir William Stewart of Castlemiik, who I see so de-
signed in a charter in 1439, in the register, and another in the Lord Ross's hands.
He had two daughters, the one married to William Park of that Ilk, and again
to William Cunningham of Craigends, sen to Alexander first Earl of GIencairn„,

(o) Ibidem, (4) Penes Hugh Crawfurd, Writer to the Signet in Edinburgh, mentioned in the Life-
of Sii John Lyon of Giammis, Chamberlain, [c) Penes Daliic!. (</) Eamock's writs. («.) Penes du'
cem dc Montrose, .

HISTORICAL AND CRITICAL REMARKS, &c. 4^

and got Avtliurly and other lauds. The second daughter was married to Thomas
Stewart of Muito, second son to Sir WiUiam Stewart of Gairlies, and got the
lands of Perthick-Scott, Ss-c. ; of whom the Loid Blantyrc is the Hneal heir-
male.

Anauhd, who was tlie wife of Sir Patrick Graham. It is hard to distinguish the
Grahams at tliis time ; for Patrick is then the head of the Kincardine family and
also of the Lovat Grahams: but which of them this lady is the wife of, I cannot
well say.

Juhiiii, de Craivfotd del Conte de Air, is, without all question, a branch of the
House of Loudon ; But the truth is, whether he be the Kerse famdy, the Tar-
ringin Crawfurds, the Auchinames Crawfords, the Ardoch Crawfurds, since called
Crawfurdland or the Haining Crawfm^ds, who seem plainly to be all then sub-
M.vting, is bard to say ; and, at best, what might be said would be no more than
conjectural.

iVillium de Strivelyn : This gentleman, being found in the west, is doubtless one of
the line of the Stirlings of Calder, who seem to be the root of all the other Stirlings,
and from whom all the rest of the Stirlings in the western parts are descended.
1 think that in these remarks I have already hinted at the surname, and some of
the branches of the family, and shall add no more here.

Andrew fitz Gadofrcde de Ross del Conte de Air : This is for certain a younger
son of the House of Tarbet in Cunningham. They came to be great men, and
mighty favourites with Robert Bruce, and got many lands from him. The Lord
Ross is the representative of the Rosses of Tarbet; and this Andrew may be the
ancestor of the Rosses of Haining, Galston, and Montgrenan. James Ross of
Portivo, son and heir of George Ross of Galston, represents, and is heir of, the
House of Haining and Galston, which is an ancient family.

Mary, the wife of Hewe de Airth, is the ancestor of the Airths of that Ilk, del
Conte de Stirling^ that came to be heiresses in King James XL's time, as we formerly
remarked in the observations and critical remarks on this record.

Richard de Kinnaird, del Conte de Fife. It would seem that the ancient family
of Kinnaird had then an estate in Fife, as well as in Forfarshire, where the bulk
of their estate lay. It cannot be the family of Inchture that is here mentioned,
as some groundlessly may fancy ; for they did not begin till King Robert Ill.'s
time, that a son of the family of Kinnaird married the heiress of the House of
Inchture, of the surname of Kirkaldy, as is evident from original writs in the
hands of the Lord Kinnaird, that are mentioned in the Peerage 6f Scotland, in the
article of the Lord Kinnaird. And with this I shall end my Historical and Criti-
cal Remarks on the Ragman-Roll, or the Fealty and Submission that was sworn
to by the generality of the Freeholders ; so universal it was, that not only we
see the comites and the barones regni Scotice, but the libere tenentes, and even the
toinmutdtates hurgorum, go all mostly into a thing that no doubt was so much
against the grain with most of them.

FINIS.

THE

INDEX

sURNJMES, COUNTRIES, FJMILIES, JND PERSONS, WHOSE

J RMS ARE MENTIONED IN MR NISBETS SYSTEM

OF HERALDRY, PART IIL

p

age.

Page

Page.

A BERBROTHOCK
_/\_ Aberdeen

77

Arthur Kmg of Britain

94

Beaton Archbishop of Glas

.

65

St Asaph Bishopric thereof

40

gow

39

Abcrnethy - - 8

,82

Aubigny - _ -

81

Beaumont Lady Cramond

70

Lord Abernethy

44

ib.

Beanchittie, Jean

67

Achaius King of Scotland 60

98

Avesnes, a Signioryin Hainault 6

Beauvais, Bishop and Cour

t

Adolphus, Gustavus, K. of

of - - -

38

Sweden -

66

Bedford, Duke of

9S

St Alban's, Duke of

25

B

Berkley, Lord

Alexander II. and III. Kings

of Wymondham

ib.

of Scotland

99

Ballcnden Lord Ballenden

57

Bertie Earl of Abingdon

I-

Ambleville, Lord

47

ib.

Biggar of Wolmct

56

Amelia, Princess

i°3

Badenoch

83

Bishops of Scotland's arms

38,

Annandale

82

Balfour of Tarry

39

, 40

St Andrews, Bishoprick

Balsac Sieur d'Entragncj

81

Bishops of Enc;land's arms

40

of - - 33, 39

76

Banhaird of Carnegie

48

Bisset of Balw'ylo

78

Angus - -

82

Bannantyne of Kamcs

9

Blair of that Ilk

57

Anne, Princess

10:5

of Kelly

ib.

Bohemia, King of

41

Anstruther of that Ilk

84

Barclay - 21, 49

77

Booth of Barton

S9

Antioch, Prince of

61

Bourbon, Lord

8

Anjou, Earl and Duke of ;

S5

of Cullcrny

78

of Montpensicr

ib.

87, 89

94

Carton of that Ilk

"^9

d'Evcreux -

ib.

Aquitaine, Duke of

89

Bartolus the Lawyer

65

Bohun Earl of Hereford

93

Arbuthnot of that Ilk 8, 19

5°

Bavaria, Duke of

41

Bologne - - .

8

Barjolou, Count of

87

Bologne, Earl of

89

of Fiddes

'9

Baudry, Count of Drcux

46

Boyd Lord Boyd

83

ib.

Beaufort, Duke of

9':,

Boyd Earl of Arran

ib.

Arragon, the kingdom of 68

87

Beaufort Earl of Somerset 1 1

26

Boyle Earl of Glasgow

61

Arran - 41,52

83

II

of Kelburn

ib.

Argyle, Bishoprick thereof

40

Cardinal and Bishop ib.

of HalkshiU

ib.

Argenson, Count of

66

79

Earl of Burlington

ib.

Arnoldus Arescoti Comes

3

Beaton of Balfour

39

Brabant, Duke of

55

Vol. II.

il

INDEX OF SURNAMES, ^r.

Brandon Duke of Suffolk
Brandenburg, Duke of
Brand, Sir Thomas
Brechin, Bishop of

, Lumquhat

, Lord 49, 76,

Page.

Bretagne, Duke of - 7

Brisbane of Bishopton 58

Brown ... 63

Bruce - - 18, 70

Earl of Carrick 77

, King Robert 77, 87

, King David - 91

Brunswick, Duke of 31, 41, 60
63, 103, 104
Brutus, King - 88

Buckland or Bowland 74

Buchan - - 77, 85

, Earl of - 79

Bo!eyne,Marchioness of Pem-
broke - - 73
Bullock, Sir William 7S
Burly - - - 51
Burgundy, Duke of 5, 1 1, 26,
27,29,31,34,35.5'
Butler of Senlis - 41

Duke of Ormond ib.

E. of Ossory - ib.

E. of Arran - ib.

Campbell Earl and Duke of
Argyle - 4> 83, 84

Earl of Loudon 4, 49

Earl of Lundie 35

Earl of Breadal-

bane - - 5°> 84

of Glenorchy 83, 84

of Otter - 83

Gary Baron of Hunsdon 72

Viscount of Falkland i o 7

Callender of that Ilk - 51

Carnegie Earl of Southesk 21,

42, so

Earl of Northesk 21

of Kinnaird 50

Caithness, Earl of - 84
Catzenel-bogen - 105
Canterbury , Archbishoprlck of 40
Carrick, Earl of - 6
Cairncross Arch, of Glasgow 39
Cadwallader King of England 95
Cameron Bishop of Glasgow 39
Caraffa, Tiberius - 23
Carmichael of that Ilk 13
Portioner of Lit-
tle Blackburn - ib.
Castile and Leon, King of 30,
43, 86, 87
Carron, Sir Alexander 69
Cavendish, Duke of Newcastle 1 4

Earl of Devonshire ib.

Cecil Earl of Salisbury ib.

Challons - 105

Chalon Prince of Orange 55

Page.

25

Charles IL K. of

bastards
Chatto

Chaumont, Viscount of 46

Chester, Earl of 18, 59, 76

Churchill Duke of Marlbo-

rough
Cheyne of Duffus
Chisholm

Cibo Prince of Massa
Clark, Sir John
Clarence, Duke of
Clarges, Anne
Clusis, Robert de
Clermont, Tallart

Count of

- 67
19
ib
68
72
24. 94
67
65

Clifford, Lord

Earl Cumberland

of Frampton

Cliffords of Kent
Clifton

Cobham, Lord

of Sterbury

of Blackbury

of Billockly

Cochran of that Ilk

Earl of Dundonald ib.

Compton E. of Northampton 66
Comesing Vise, of Cozerans 9

Combet, Nicol
Cornwall, Earl of - 7

Constable Vise, of Dunbar 108
Crawfurd of Loudon 3

of Cartsburn 10

of Henning 39

■ — Abbot of Holyrood-

house - - ib.

Duke of Montrose 83

Crichton, Lord - 80

Cumin - - - 30

of Rowallen - 61

Earl of Buchan 79, 80

of Coulter - 79

Cunningham of Brownhill 16

D

Dalrymple Earl of Stair 36

Dampetra, Lord 7, 8

Danes conquer England 88

Denmark - 84, 85

Dietz - - 105

Digby Earl of Bristol 1 5

Douglas - - 3, 53

, Earl and Duke of 3, 44,

45,52. 7'>77>79> 82

Earl of Morton 79

of Whittinpham 4

Earl of Ormond 3

Earl of Marr 45, 82

of Pitsligo 53

D.of Queensberry69,82

of Liddesdale 78

Earl of Buchan 79

— Earl of Angus 82, 83

Earl of March 80

I

Page.
Douglas Earl of Murray 82

Duke of Touraine

Lord of Galloway

Drummond, Lord
of Carlowrie

82
ib.

80
16

Duniblane, Bishoprick of 40
Dunbar Earl of March 9, 80, 82

Arch, of Glasgow 39

Dunfermline, abbey of 88
Dundas of that Ilk - 3
of Newliston 36

Edward I. K. of England 7, 89
I. and II. K. of Eng-
land - - . ^o

II. and III. K. of

England 44, 61, 91, 92,

IV. and V. K. of

England . . pj

VI. K. of England 96

the Confessor K. of

England - 61, 88

Edinburgh, Bishoprick of 40
Edgar Atheling comes to

Scotland - . 88

Eiden, Jacob Van - 69

Elizabeth O. of England 34, 97
Elizabeth, Princess - 103

Elphinstone, Lord - 19

Lord Balmerino ib.

England, Kings of, their vari-
ous arms from 88 — 97
Erskine Earl of Marr 21,49, 52,
70,79,80, 81, 82, 85

Earl of Kelly 21, 70, 73

of Cambo 42, 71

Lord Cardross 57, 79

E. of Buchan 64, 79, 80

Lord Dirleton Vise.

of Fenton - - 70

Sir Thomas 73

Evercux - - 81

Fairholme of Craigiehall 36

Falconbridge, Lord - cj

Fergus I. King of Scotland 97
Ferrara, Lord of - 60

Fife, Earl of - - 76

Finch Countess of Winchelsea 72
Flacourt, Lord - ^y

Flanders, Earl of 7, 29, 51, 76,
Fleming . _ ^p

of Biggar - 78

Earl of Wigton 49

of Barrachin 59

Forbes Lord Forbes J3

of Warterton - 18

of Tolquhon 18, jj

Lord Pitsligo r 3

of Riras - ib.

Forrester of Carden - 16
of Denoven ib.

INDEX OF SURNAMES, ^c.

Page.
Foulis, Lord - 48

of CoUiiigton - 21

France, King of 30, 3 5 , 9 1 to 94
when the sons there-
of differenced their amis 5,6,
Frazer - 19, 30, 77

of Bro.idland - 15

of Philorth IJ, 53

Lord Lovat - 19

of Ohvevcastle 5 I

Bishop of St Andrews 38

Frederick, Piiiice - 102
Fullerton of that Ilk - 14
of Crai-jhull ib.

Hamilton of Wliitlaw

of Bangour

of Orbiston

Galloway

-■ — Bislioprick

Garden of Leys
Mr James

4 J, S2

40

ib.
- 42
45' 76
11.93

Garter King at arms

Garioch

Gaunt, John of

Genoa

George St - - 61

George K. of Britain 60,101,102

Prince of Wales, now

also King thereof 102

Gilford of Yester - 5 1

Glen of Inchmartin - 53
Gloucester, Duke of - 11
Gloucester, Earl and Duke of 24,

27. 95
Glasgow Bishoprick 39

Gordon M. of fiuntly 13, 52, 81

Earl of Aberdeen 69

Duke of Gordon 83

Earl of Aboyne 13, 69

Gray Lord Gray - 49
Grey of Groby - 95
Graham - - 76
E. and D. of Mon-
trose - - 18, 83

of Inchbraikie 1 8

Earl of Strathern and

Monteith
Greig of Ballingrie
Grafton, Duke of
Guiles, Earl of
Guthrie of tliat Ilk

H.

30,85
10
25
46
49

Hall of Fulbar. - 59

Hamilton L. and D. of Ha-
milton 10, 15,49,52,59,83

Earl of Arran 83

Earl of Abercorn 7

E.of Haddingtonio,64

Earl of SelkiVk 52

of Reidhouse 10

of Pries.field ib.

of Ladylands ib.

of Torrence ib.

of Westbuin ib.

Page

■5

- ib.

ib.

Herries of Cousland

, Lord

Hastings Earl of Pembroke 44
Hay Eari of Errol 13, 31, 64

of Yester

Earl of Tweeddak 16, 51

Earl of Kinnoul 7 1

Viscount of Duplin ib.

of Seaficld - 13

of Fuddy - - ib.

, William, Bailie of Edin. 16

Henry, Prince - 81

Menneburg, Prince of 31

Henry II. King of England 89

III. & IV. 8,90,93

V. &VL 93,94

vn. 95,95

VIII. 62, 96

Hepbuni of Humbie 21
of Waujjhton

ib.

Herring of Gilmerton 5

— of Lethendy - ib.

of Carswell - ib.

Holstein _ - 85

Holland Duke of Exeter 1 1

Earl of March 5 1

Home L.andE.of Home3,2i,5i

of Wcdderburn 21,51

Earl of Mardimont ib.

of Alton - 53

Commendator of Jed-
burgh - - 39
Hope of Cragiehall - 9

of Rankeilor ib.

Houston of that Ilk 58

Howard D. of Norfolk i6, 30, 96

Earl of Suffolk 16

Earl of Berkshire 1 5

Baron of Escrick ib.

Hungary, King of - 61

Huntingdon, Earl of 6, 76, 87

James I. K. of Scotland

IV.

VI. 87,100,:

Jardine of Applegirth
Innes of that Ilk
Joceline de Lovaine
Johnston - - _
Marq. of Annan-
dale - - 19,
Irvine of Drum
of Kingoussie

Keith Earl Marischal 19, 30, 39

of Arthurhouse - 19

Kennedy Earl of Cassilis 8 a

Page.
Kennedy of Ardistenshire 66
Kent, Earl of 11,85,93

Kendal, Baron of - 18, 59
Ker of Cessford - 21

of Littledean - ib.

Earl of Roxburgh 57

Marquis of Lothian 64

Earl of Somerset -• 73

Kirkpatrick - - 19
of Closcburn 19, 9i>-

Lancaster,Earl andDuke of 7, 1 1

12,93

Landel Lord Landel - 51

Langres, Bishop and Duke of 38

Leon . - .
King of - 86

43
,87

Laon Bishop of -
Leicester, Earl of 18

38

. 59

Lennox

81

Lendon, Captain Robert

6q

Lesly

Earl of Rothes -

30
44

of Balquhan

of Findrassie

5

"3

Lidderdale, Thomas

10

Liddel of Balbennie

48

Liddesdale

82

Linlithgow

64

Lindsay Earl of Crawford 44, 49

of Kinnettles - 50

Little of Over-Libberton 57

Livingston of Callender - 34

of Calder - 39

E. of Linlithgow 51,

57.64
London Bishoprick - 40
Long-cspee E. of Salisbury 24
Lorn - - 74, 83

Lucy, Lord " - 55

Lusitania, King of - 76
Lunenburgh - - 102

Lundin of that Ilk 10, 12

of Auchtermemy 10

of Baldester - 12

Lundic of that Ilk - 24

Lyon Lord Glammis, Earl of

Strathmore - - 49
Lyle Lord Lyie - 52

M.

Macartney of Auchinleck to
M'Gilchrist of Northbar ib.

M'Dowall of Loni - 83

MaitlandE. of Lauderdale 63, 69
Malcolm Canmore King of

Scothnd - 88, 98
II. K. of Scotland 08

Malta Knights thereof
Manners Ear! of Rutland

INDEX OF SURNAMES, Wc.

ManiKi

Page.
3'

Mary Queen of Scotland 34, 35,
73

of England - 3S) 96

Marr Earl of Marr 19, 44, 45,
52. 79

March, Earl of

Maule Earl of Panmure 4, 9, 46,
7<5, 79

, Lord, in France 46

Abbot of Joinville 46

Archdeacon of Lothian 4 8

of Balumbie

of Kelly

of Boath

of Melgum

in Sweden and Den-
mark

of Guildie

of InncrpefTer

of Pitlivie and Ar-

douny ...

of Balmakelly

of Balumbie

March, Count de la
Maxwell Ear! of Niddcsdale

of Pollock

of Auldhouse

Mcdicis Duke of Tuscany 68

Medici, Peter - - 23
Mentz, Arch, and Elector

of - - - 38

Mirandula, Prince of 60

Michael, St John of - 78

Modena, Duke of . 60

Moline, Nicolas de - 66

Montgomery E. of Eglinton 57

■ of Lainshaw 52

Monk Duke of Albemarle 67

Montrose - . 83

Montague Earl of Sandwich 15
Monteith of Kerse - 15,19
■5

of Millhall

— , Earl of ■

MoiTtealto, William de - 48

Mortimer Earl of March 94

, Roger - 78

Mowbray Duke of Norfolk 7 1

Murray Duke of Athol - So

Earl of Annandale 70

Viscountof Stormontr 21

Lord Bothwell 45, 82

of Tullibardin - 2 1

Mowat - - - 45

Monmouth, Duke of - 25

Montacute Earl of Salisbury 52

Monthermer - - ib.

Mussini Earl of Senlis - 41

Mennensi - . 03

Nairn of Sandford

of Scgden

of Langside

Page.
Naiper - - - 15

of that Ilk - ib.

Namur, Marquis of - 29, 76
Nassau Prince of Orange 41,

55. 105
Navarre, King of 43, 86, 92
Nevil, Richard . 52

Northumberland, Duke of 25
Norfolk, Duke of - 71

O.

Ogilvie of that Ilk
Ogilvie Lord Ogilvie
Ogilvie Earl of Airly
Ogilvie of Banff
Ogilvie of Lintrathan
Ogilvie of Aucherhouse -
Ogilvie of Innerquharity
Ogilvie of Inchmartin
Ogilvie of Findlater
Ogilvie of Barras
Ogilvie of Boyne
Oliphant Lord Oliphant -
Oliphant of Cask
Oliphant, Writer
Oldenburg, Earl of
Orange
Orange, Prince of 41, 55,

Palatine, Elector - 2;,

Parma, Duke of

Parr, Queen

Parr Marq. of Northampton

Pepdie of Dunglass - 21,

Percy Lord Percy

Percy E. of Northumberland

Peverel, William

Poissy, Lord of

Poland, King of - 67,

Polwarth

Portugal, King of - 9, i

Preston Lord Dingwall

Preston of Formartin

Prussia, King of

Ramsay . . _
Ramsay of Auchterhouse
Ramsay of Wyliecleugh
Ramsay of Dalhousie
Ramsay Vise, of Haddington
Ramsay Earl of Holderness

igrave,

of

Ranken of Orchard-head
Randolph Earl of Murray 6g,
Roteslakie, Baron of
Rheims, Arch, and Duke of
Richmond, Earl of

Page.
Richard I. King of England 90
Richard II. 61

Richardson Lord Cramond 70
Roet - - . II

Rocceilli, Prince of - 23

Roche, Lord of - 26

Rony, Lord of - 46

Ross Earl of Ross - 30, 81
Ross Lord Ross - 58

Ross of Ballnall and Cars-

creuch - - 36

Ross Bishoprick - 39, 40
Rutherford of that Ilk 50

Ruthven Earl of Gowrio 70

S.

Salisbury, Earl of - 24, 72
Salisbury Bishoprick - 40
Sancti Marci, Duke of 23

Sandilands of that Ilk - 71
Sandilands Lord St John ib.
Sandilands Lord Torphichen ib.
Sandilands of Calder - ib.
Saxony - - - 102
Saxony, Duke of - 22, 40
Saxons conquer England 80

Say, Lord - - 72

Savoy, Duke of - 66, 84
Scott Duke of Buccleugh 5

Scott of Bevelaw - ib.

Scott of Sinton - 10, 16

Scott of Harden - ib.

Scott of Thirleton - ib.

Scott of Thirlstane - 69
Scott of Highchester - 16
Scott of Galashiels - 10

Scott of Wooll - - 16
Schomberg, Duke of - 14
Scotland, King of 87, 97

Scrymgeour - - 69

Scrymgeour Constable of

Dundee - - 48

Segrave, Lord - - 31
Semple Lord Semple - 58
Seaton LordSeaton 18,35,69,85
Seaton E. of Winton 57, 64, 69,

99^
Seaton Viscount of Kingston 64
Seaton of Barns - 1 8

Seaton of Touch - 50

Seymour Duke of Somerset 73
Shaw of Sauchie - 39

Shaw of Bargarran . 59

Shaw Abbot of Paisley - 39
Shovel, Sir Cloudsly - 72
Sicily, King of 60, 87, 104

Sinclair Lord Sinclair 84,106
Sinclair Earl of Orkney 80,. 84
Sinclair of Deskford - 53
Sinclair of Roslin - 84

Sinclair of Polwarth - 2i
Somerset, Duke of 3.4, 96

Somerset, Duke of Beaufort 12,
26

INDEX OF SURNAMES, \s<

Page.

Somerset Earl of Worcester
Soulis, Lord

Spain, King of 9, 35, 84,
Spar - . -
Spence of Wormiston
Spigelberg, Earl of
Spruel ...
Strathern - - 30,
Strathern, Earl of
Stanhope, Sir Edward
Stephen King of England
Stewart - - 30,

Stewart, King Robert
Stewart Earl of Murray 12,
Stewart D. of Richmond 12,
Stewart Duke of Berwick
Stewart Earl of Strathern
Stewart Earl of Buchan 45,
66, 79,
Stewart Duke of Albany 45,
Stewart Earl of Traquair
Stewart Lord Loni 50, 79,
Stewart E. and D. of Lennox
and Richmond 66, 79,
Stewart Earl of Athol 78,
Stewart E. of Caithness
Stewart E. of Angus
Stewart E. of Monteith
Stewart E. of March
Stewart E. of Marr
Stewart E. of Fife
Stewart Lord Brechin
Stewart Lord Darnly 81,
Stewart Lord Doune
Stewart of Appin
Stewart of Bonkill
Stewart of Innermeth
Strachan of Carmylie
Suabia - - 60, 87, i
Suffolk, Duke of
Sussex, Earl of
Surrey, Duke of
Sutherland, Earl of
Sutherland of Duffus
Sutherland of Torboll
Swinford, Sir Otes
Sweden, King of

84,85

T.

Torotte, Lord

Torquati

Tour, Count de la

Treves, Archbishop of

Turnbull Bishop of Ross

U.

Uarbon, Peter
LTdney of that Ilk
Udney of Auchterallan
Udney of Coultercallan
Urre
Vol. II.

Page.

V.

Valoins Lord Panmure
Vendosnie
Verinandois, Count
Vere E. of Oxford D. of he-
land
Vianden - - i

Villiers D. of Buckingham
Villeroy, Duke of
Viles of Ferrara
Venice . . -
Voisins, Lord - 46,

Voyer de Poullny

W.

Wacken, Baron of

Wallace of Ellerslie

\\'al!ace of Craigie

Walker

WalJrum

Waller of Gromebridge

Warwick

Warwick, E. and D. of 52

Wemyss E. of Wemyss

Wemyss of Rires

Wernegeroda, Earl of

Widvill Earl of Rivers

William the Lion K. of Scot

land - - 84

William the Conqueror of

England
William II. of England
Winton
Wishart

Worcester Earl of - 12
Wood of Largo
Wood of Balbegno
Worcester, Bishoprick -
Wosemale, Baron of

Young, Peter . . 66
York, D.of 7, 51, 52,85,94, 103

Alphahetical Index of the
Figures and Terms of
Blazon, Part III.

ABATEMENTS of honour 28
Annulet - - - 15
Arms, a definition of them i, 2
Arms, Lyon King of, an act

in his favour . . 2
Arms, how differenced - ib.
Arms composed - 19

Arms of bastards, an act there-

anent - - - 24

Arms, how to compose and
marshall - - 29

Arms on account of marriages
and othccs - - 32

Arms, how women ought to
carry tlicm - - 33

Arms on account of offices
and employment - 37

Arms of alliances - 42

Arms of adoption and substi-
tution " " 5?

Arms, with an act hcreanent 54

Arms of prescription, custom,
and statute of certain places 5 7

Arms of patronage - 58

Arms of gratitude and affec-
tion - - -Co

Arms of religion - 61

Arms, general and special con-
cessions of arms - 63

Arms feudal, or arms of dig-

B.

Badges of Britain, France and

Ireland - - 100

Bastardy marks thereof 24 to 28
Bastard bar - - 25

Batton ... a

Bishops' arms do not descend 62
Bordure - - 9 to 13

Cadency, marks thereof i to 29

Cheveron - - 13

Churchmen's arms - 20, 37

Cross - - - 100

Dignities, arms of - 74

Dominion, arms of - 80

Ente or ingrafting 104, 106

F.

Fesse - - 105

Feudal arms - 74

Flower-de-luce - i ir

Genealogical Pennon 107

H.
Heralds - - - 42

INDEX OF SURNAMES, i^c

Page.

ingrafting

Lambel or Label 6, 7,
Lyon King at Arms, an ac
in his favour

M.

Marshalling

Marshalling by coupe and

parti - - - 107

Minute differences - 14

104

Page.
Partitions for marshalhng of

arms - - 104

Parted per pale - - 20
Pale ... ,05

Pretension, arms of - 84

Quartering arms - 20, 42

S.

Sahier, parted per - 104

Seals, of ancient ones 29, .^o, 3 1,

33. 34. 35.48, 5'. 75. 87. 89

Seals of the Kings of Engbnd 89

to 98

Seals of the Kings of Scotland 98

Seals of the Kings of Britain 99,

100

Standards of Scotland and

England - - loi

Tiercing - - 106

Tinctures, anent altering them 3 ,4
Tressure, double 60, 6^, 98

Union arms of Scotland and
England - - i

Women, their honour 33, 72

Tbe Contents of the
Chapters, Part III.

CHAP. L of additional figures,
or marks of cadency 1

Chap. IL of composing and
marshalling of arms - 29.

INDEX OF THE SURNAMES, COUNTRIES, FAMILIES AND PERSONS,
WHOSE ARMS ARE MENTIONED IN MR NISBET'S STSTEAL
OF HERALDRY, PART IF. fr ' 't fr8<'

Page.

ABBEY of Paisley 59

Abbey of Holyrood-
house - ib.

Abercromby - - 21

Abercromby of Glassoch ib.
Abercromby, Lord of 179^ 187
Achaius K. of Scotd. 40, 1 05, 1 20
Adrian IV., Pope - 60

Ayton of that Ilk - 21

Albert Archduke of Austria 5 8
Alexander the Great - 10
Alexander King of Scotland 62
Alexander II. 12, 28, 31

Alexander III. 41,106

Alexander Earl of Stirling 22
Alexander of Boghall - ib.
Allan of Galloway, Constable

of Scotland - ij

Andrew, Commendatorof Jed-
burgh . - - 59
Angus, Earl of - 12, 45

Anne Queen of Britain 53

Anne Queen - - 109
Anjou, Duke of - 23

Ancrum, Earl of 1 76, 1 84

Apollo - - 53

Archbishoprickof St Andrews 58
Archbishop of St Andrews 58,61
Archbishop of Canterbury 61
Argyle, Duke of 20, 6^

Armenia, King of - . 23

Arbuthnot Viscount of Ar-

buthnot - - 21

Arbuthnot of Fiddes ib.

Arbuthnot of Findowrie ib.
Athol, Earl of - 33, 46

Austria, Archduke of - 39

Aurelian the Emperor - 37

Aventinus - - 10

Bavaria, Duke of

Baliol, John, K. of Scotland

';4

Balfour of that Ilk

18

Bahraves of Carnbody

22

Barclay of Towie

32

Basa

■iO

Bannerman of Elsick -

«3

Bargeny, Lord of

'79

Reatson of Kilrie

21

Beaufort D. of Somerset

37

Beaufort, Henry

W

Beauchamp of Kiddermmster

49.

Bethune of Balfour

18

Beaton, Cardinal

3';

Bourbon in France 20

23

, Duke of 24

.25

Page.
Borthwick Lord Borthwick 35

, Lord of - 177

Bohemia, King of - 39

Bonkill - - - 21
Brandenburg, Duke of - 3
Brissonius, President of the

Parliament of Paris

6n

Brunswick, Duke of 3

IQ

Bruce Earl of Elgin 19

33

of Skelton

IQ

of Airtli

33

ib.

, King Robert -

TOf)

Burgh Earl of Ulster

2(5

Buckingham, Edward Bagot

Duke of

66

Burgundy, D. of 7, 24, 25

31

Burnet - - -

66

Cad wallader K. of England 26, 3 6
Catti ... 21

Castile and Leon, King of
Cathcart Lord Cathcart
Carnegie Earl of Southesk
Earl of Northesk

Campi in Placenza - 21
Calder of Liniger - 21

Carey Viscount of Falkland 33

INBLX OF SURNAMES, l3\

Cnmpbell Duke (if Argyle _^4
Carmichael E.irl of Hyndford ib.
Cannse, battle of - 54

Cardinals' Habit - 57

Cardinal Ricblieii - ;S, 60
CamillcdeNcuvilledoVillc-
roy Arclibishop and Earl
of Lyons - - 5S

Canterbury, Archbishop of Oi
Cameron,. John, Bishop of

Glasgow - - 5S

Cardinal W-azarine - 60

Carron, Sir Alexander 84

Cardross, Lord of - 178

Cecil, William, L. Burleigh 53
Chancellors of France - 19
Charles VI. K. of France 35, 36

VII. 42

II. K. of Britain 42, 43

I. 6s, 67

60

Chester, Earl of

46

Childeric King of France

146

Christians -

II

Clanchatton

23

Clare Earl of Gloucester

26

Clarence, Duke of - 38

44

Clara Eugenia Infanta of Spain 5 8

Cockburn of that Ilk -

19

Colonni - - -

II

Colouna

•9

Constantine, Emperor 24,3 7,

122

60

Conqueror of Frierton -

21

Combauld, Lewis of -

137

Comte de Cosse

65.

Corvinus, Marcus

10

Cornwall, E. and D. of 44

,46

Cranston of that Ilk

3"

Craniond, Lord of 178,

187

Crawfurd

22

„e 1 — ,1 — i,:n

ib.

of Filbimic

ib.

, Archibald, Abbot

of Holyroodhouse

59

Craw of Heugh-head

>9

Crichton Earl of Dumfries

33

Cromwell, Oliver

60

Cunningham E. of Glencairn 18,

Cumin, John

il

Earl of Buchan

^i

Cuming Constable of Scotland 6<>

Cupar, Lord of - 178,

186

Cyprus, King of

41

Cyrus's Grave

146

Dalmahoy of that Ilk 32, 65
Dalziel of Carnwath 18,139
Dauphin of France - 41

of Vienne - 42

David I. K. of Scotland 1 2

Denmark, K. of - 79

Page.
Denia town and castle thcre-

•of in Spain - - 53

Deskford, Lord of 177, L85

Douglas E. and D. of 1 2, 23, 3 i,

33. 3». '33

, Sir James - 1 2

of Rcilliousc - 32

Earl of Marr - 1 2

Earl of March 34

Earl of Morton - 33

Dukeof Oueensberry 34

of Cavers - 2 1

, Archibald E. of 56, 108

Drummond E. of Perth 25, 33,
38. 134

Lord Madcrty 33

of Hnthornden 2 1

of Blair - ib.

of Innermay - ib.

Dunbar, Earl of 14, 19, 31

of Wcstfield - 32

Dundas of that Ilk 20, 25, 32, 34
Duirbar, Earl of - 67

Dumbarton, Earl of 176, 184
Durham, Bishop of - 46
Duplin, Viscount of 177, 1 86

Edgar of Wadderly - 32
Edinburgh - - 73

a tournament tlicre 28

Edward Ironside K. of Engd. 39
III. and IV. K. of Eng-
land 13, 24, 26, 34, 36, 44

III. King of England 55

VI. ib.

, Prince - ib.

V. & VI. Kings of

England - 36, 40

Egebert K. of England 39

Elphinston Lord Balmerino 21

Lord Elphinston 33

of Craighousc 22

Ely, Bishop of - - 46

Emperor's Crest - )6

and cry of war 24

England, Kings of, their crest 16

their device - 25

tlieir cry of war 23

their supporters 35

their crown 39

Evrol, Earl of - 67, 63

Erskine Earl of Marr 34

Earl of Kelly 30, 47

Viscount of Fenton 47

, Sir Alexander of

Cambo - - 66

Eymouth, Lord of 179, 188

Fabius Maximus - 54

Farquharson of Invercauld 32

Felix in Piedmont '-

2J

Fergus I. King of Scotland

40

Fierlundtz, Simon de

4

Fiery cross

24

Fife, Malcolm Far! of

67

Findl.iter, Favl of

1 -■-

Fisher

42

Flanders, Earl of 7, 14, 24

31

Fothcringham of Powric 30, 32

Forbes Lord Forbes

34

Forrester

22

Lord Forrester

16

Forfar, Earl of - 176,

84,

France, Kings of, their crest

16

23

their device 24

»35

ti.eir crown

3'>

Francis I. King cf France

^>

Frazer, William, Archbishop

of St Andrews

ss

Frederick I. Emperor

60

III. Emperor

24

Fullarton of tliat Ilk

32

Garter, the Order the

Gaunt, John of
George King of Britain 1 1,
German Emperors crown
Gloucester, Duke of
Glasgow, Bishoprick thereof
Glassford, Lord of 180, i
Gordon of that Ilk

, Duke of

Graham Earl of Monteith

of Nctherncss

Grant . - -

of that Ilk

Grand Signior

Gray Lord Gray - 21,
Greeks - . -

Grimaldi Prince of INIonaco
Guise, Duke of

I-l.

Haddington, Earl of

I Inig of Bemerside

Halyburton of Pitcu

Hamilton, Duke of

Hannibal

Ilainault, Count

Hay Earl of Errol

Hay Constable of Scotland

Henry IL King of France

III. K. of England

VL

VII. 25, 26, 28:

VIII. 26,36,40,

56.

3°.

INDEX OF SURNAMES, b\

Page.
Ilenvy IV. V. VI. VII. and VIII.
Kings of England - 36
Hercules - - - 10
Henies, Lord - - 33
Holyroodhouse Abbey 11, 3 i
Homager Kings - 54

Home E. of Home 16, 18, 23,

Earl of Marchmont 33

of Wedderburn 1 8, 20, 3 2

Hotman - - 24
Howard Duke of Norfolk 1 7
Earl of Surrey - ib.

J.imes I. K. of Scotland 25, 51,
64, 65
30,40,42,68

40,59

28, 33,40

56, 64, 107, 1 10

II.

III.

IV.

V.

VI.

VII. 111,36,65

Jardine of Applegirth 19

Jedburgh, Lord of 178, 186
24

John King of England
Johnston M. of Annandale 1 9,

22, 34

lolus - - - 54

Jove - - ib.

Julius Caesar - - 10

Jupiter Animon - ib.

Innes of that Ilk - 20, 32

Irvine of Drum - 30,32

Keith Earl Marischall 16

Earl of Kintore 34

Kenmure, Viscount of 33

Ker E. and M. of Lothian 16, 35

Earl of Roxburgh ib. 33

Kirkpatrick of Closeburn 18, 32
Kinnaird, Lord - 33

Kinderton, Baron of -51
ICinnoul, Earl of 177, 186

Kirkcudbright, Lord of 1 79, 1 87

Lancaster, E. and D. of
25, 26,44,
Lauderdale, E. and D. ot
Lauder of Fountainhall
Leicester Trotius
Lennox, Duke of
Leslie E.irl of Ross

Earl of Leven

Earl of Rothes

— , Alexander

7. 15.

46, 55

18,139

22

60

24,63

31

34

ib.

Page.
Lyons, Arch, and E. thereof 58
Livingston E. of Linlithgow 16

Viscount of Teviot 34

Lockhart, Sir William 60

Macfarlane of that Ilk 1 34

Mackenzie - - 23

M. of Seaforth 21,33

Earl of Cromarty ib.

M'DuffEarlof Fife - 7

M'Dowall Baron of Lodvica
M'Kay Lord Rae 21, 34

W'lntosh of that Ilk 2 1

M'Pherson - - ib.

Maderty, Lord of - 178

Maleanus, Lodovick 3 1

Malcolm M'Kenneth King 50
Malcolm II. K. of Scotland 61
Malcolm Canmore K. of Scot-
land - 61, 64, 67

IL and III. Kings

of Scotland - 45

March, Earl of 1 4, 1 9, 26, 3 1 , 3 8
Man- Earl of Marr 12,31

Martyr - - - 24

Mars - - - 10

Mary Queen of England 26, 36
Maud Queen of England 39
Maule Earl of Panmure 34

Maxwell Lord Maxwell 22

of Pollock - 32

Maximilian II. Emperor ctf

Germany
Mazarine, Cardinal

Melville, Earl of 16, 176, 184
Milan, Duke of - 23

Minerva - - 10

Moodie, Captain J
Monteith, John Ci
of

, Earl of

Montrose, Earl of

g, E.
- 65
176, 184
67

Montmorency, Lord of 24, 35
Moncrief of that Ilk 30, 32

Montgomery, Earl of - 5

Earl of Eglinton 34

of Lainshiw ^ 2

Monypenny of Pitmilly 42

Mortimer, Roger - 26

Morville Constableof Scotland 6g
Moses - - - 55

Mowbray Earl of Nottingham 15

Earl Marshall ib.

D. of Norfolk

'5-17

25, 30

Mowat of Easter-Foulis 3 1

Murray, Randolph Earl of 14

Earl of Annandale 34

Earl of Tuilibardin ib.

Viscountof Stormont ib.

of Touchadam 3 2

of Polmaise ib.

Page.
Murray, Andrew, Governor

of Scotland - - 65
My-pont in Burgundy 21

34

N.

Naples

Naves - - - 22

Nevers - - - 20

Newark, Lord of 179, 188

Nisbet of Dean - 32

77

Ochiltree, Lord of
Ogilvie

of Barras - 22

Earl of Find later 33

of Innerquharity 134

Oliphant Lord Oliphant 34

Olympus, Mount - 54
Oxenford, Viscount of 177, 186

Palatine of the Rhine
Patriarch, Roman 56,

Perth, Earl of - 25,

Philip II. King of Spain
Phocas Emperor of Rome
Pitcur, Laird of
Poland, King of
Pollock of that Ilk
Pope's arms
Pope of Rome

Julius II.

Innocent IV.

Adrian IV.

Sixtus Quintus i

John - - (

Preston of Craigmiller 1 8, ;
Proteus - - - 1

Protest taken by William Wil-
son upon delivering up the
Regalia - - ^

Quincy Earl of Winchester 15

Randolph Earl of Murray 14, 3 1
Ramsay Viscount of Hadding-
ton, Earl of Holderness 18, 22,
33>47
Richard I. King of England :2

II. and III. 26, 36, 40

II. King of England,

the first that erected a ba-
ron by patent 49, 50

INDEX OF SURNAMES, "dc.

Page.
Richlieu, Cardinal 58, 60

Ribcauniont, Eustache dc 49
Robert Bruce K. of Scotland 14,
40, j8, 65, 68, io6
Robertson of Stnian 135

Robert II. and III. Kings of

Scotland 31,33,42,108

Rochhead of Craigleith and

Innerleith ■ - J 9

Roderico Fernando Bishop of

Jaen - - 59

RollandjConstabkof Scotland 14
Romans - - 53

Roman Emperors' Apotheosis 54
Roman Patriarch - 60

Roman Diadem - 37

Romans, King of 7, 39

Ross L. and E. of Ross 19, 31
Rothes, Earl of - 22

his funeral - 147

Ruglen, Earl of 176,185

Ruthven Earl of Gowrie 34
Rutherford, Lord o£ 179,187

Sardinia, King of - 41

Savoy, Duke of 25, 41

Saxony, Duke of - 8

Shaw, Geo., Abbot of Paisley 59

of Sauchie 59, 81

Scotland, Kings of, their crest 16

, arms of - 141

cry of war - 23

device - 24

supporters 34

crown - 39

18, 80

19, 22
12, 22

Scott of Thirlestane

D. of Buccleugh

Scrymgeour of Dudop
ScrymgeourConstableof Dun-
dee - - - 83
Seafield, Earl of 177,185
Seaforth, Marquis of 21
Seaton - - 15,110

Earl of Winton 15,23,

32, 38, 46

E. of Dunfermline 16, 34

of Touch - 1 9

Segnies Chancellor of France 62
Seignior, Grand - 54

Selkirk, Earl of 176,185

Sinclair - - - 14

of Herdmanston ib.

Skene of that Ilk - 32

Solway, Eari of - 185

Somerset, Earl and Duke of 25
Somervel Lord Somervel 18, 32

of Cambusnethan 3 1

Southesk, Earl of 6^, 8 1

Soulis, Lord - - 65

Spain, King of - 33, 39
Spynie, Lord of - 178

St Andrews, Archbishop of 5 8,6 1
Stewarts, family of - 64

Vol.. u.

Steward of Scotland
Stewart - - -

Earl of Carrick

Earl of Lennox

Earl of Athol

Earl of Buchan 1 7

E.of Galloway 17,21

Earl of Fife and D.

of Albany - 17,44

Earl of Murray 1 7

Lord Ochiltree

Earl of Traqualr

of Phisgall

Lord Kyle

Lord Blantyre

Duke of Rotlisay

Strathern, Earl of 31,

Page.
65

de 46

Strachan, Comes Palat
Str.ithmore, Earl of - 18

Sturton Lord Sturton 19

Sutherland, Earl of 12,21,33
Sweden, King of 38, 39

T.

Tercys, Arch, of Tarragon 23
Thcbans - - 54

Teviot, Viscount of 177, 186
Thoulouse, Counts of 19

Tristan de Saladzes Arch-
bishop of Sens - 59
Tuscany, Duke of - 41
Touraine, Archibald Duke of 56
Tweeddale, Marquis of 20

Ulster, Earl of
Ursini in Italy

26, 38
19.34

Valois, Duke of - 43
Vandeput - ■ - 42
Venice, Doge of - 41
Vere Marquis of Dublin 45
Earl of Oxford 2 1

Wallace, Sir WiUiain 12

Wales, Prince of 13, 42

Watson of Sauchton 22

Wemyss Earl of Wemyss 16
William King of Scotland 14

the Conqueror 39, 50

II. King of England 39

Wimbry Lord Talboys 5 i

Winchester, Earl of - 15

Winton, Earl of 65, 139

Wood of Craigie - 32

Page.
Widvillc Earl Rivers 37,40
Wood, Andrew, of L.irgo 77

Y.

York, Duke of 25, 42

Zingi Emperor - 1 1

Index of the Figures and
Terms of Blazon in Mr
Nisbet's System of He-
raldry, Part IV.

ABBOTS - - 58

Abbesses - - - 59
Abatements of honour 128

Acorns - . . 54
Admiral of France - 58

of England 76, 78

of Scotland 78

badge of the office 78

Affronte - - 58,66

Almoner - - 66

Anchors - - 58

Angels - 57, 58, 59

St Andrew - - 58

St Andrew's cross - 66

Archbishops - - 58

Adantides - - 27

Achievement royal of France

under a pavilion 140,141
Achievement of Scotland 141

Baron ... 48

spiritual and temporal,

by tenure,by writ, by patent 49
to 53

manner of erecting one

by patent 50, 52, 53

his robes, title, privi-

lege, and coronet 50, 53

eldest son has no par-
ticular title - ib.

called tilulati in Na-
ples and Lombardy 49

majores and minores 49,

5°. 5'. 61

of the cinque ports

and exchequer - 51

coronetjsignaturethere-

anent - - 51

Banner of the church 57

Badge of office 57, 58, 62, 63,
64, 65,66,78

INDEX OF SURNAMES, l^c.

Page.
Batton - 64, 65, 66

Buttelarius - - 65

Banners - 80, 81

Badges - - - 11

of dignified offices in

the empire - - 80
of cup-bearer in Scot-
land ... 81

of knighthood 8j, 92,

loi, 103
of the usher to the or-
der of the thistle up

of knights bannerets 122

of knights baronets 123

124. 125

of the order of the

crescent - - 130

of the knights of

Malta - - 131

of the knights d'Avis 132

Baptism of Prince Henry 1 51
Black hangings - 146

Bonnet . - - jj
Buttoned - - - 62

Cartouches
Casque
Canting arms
Cap, baron's
Cap of State
Cap, ducal
Cartouch oval
Cardinal's hat

cloa^hing

26

47.56

55

ib.

56

57.59

ib.

creation and prece-
dency - 57, 59, 60
Cavalcades - - 150

Capelines . . 7

Chnplet of pearls 49, 5 1

Chapeau - - 55, ^6

Cheveron • - j8

Churchmen's precedency 169

Chaplet of flowers

-

59

Chanters

-

lb.

Cherubims

ib.

Chancellor of Britain and

Scotland

_

61

-; his oflice,

pnvi-

leges, and precedency 61, 62

^ of France 62

his cap, crest, and

mantle - - ib.

Chamberlain of France ib.

of England ib.

his office, power

and privileges - ib.

' of Scot.,lusotfice 63

fees and prece-
dency - 62, ^4
Chief Justice of England 63
Cinque ports, barons of 5 1
Clareiicieux - - 5^
. ■',-■, kijig at arms 165

Couche shields

Contourne

Cottises ...

Coronet, viscount's

Coronet, baron's

Count palatines

Coronet, baron's, king's sig-
nature thcreanent

Coronets of the nobility, the
circles all of one form

Coronet of a lord in France

Corona muralis, castrensis,
navalis, triumphalis, ova-
lis, obsidialis, civica,oliva-
lis, populea

Cordelier - - 1

Compartment

their orig'mal 135

140

Comble

Coronation of the kings of
Scotland

'5°

Commonwealths, their pre-
cedency - - 169
Cord knotted of abbots 59
Composition - - 60
Commanders of religious or-
ders - - . ib.
Cordeliere - - ib.

Court of king's bench

63

exchequer in Scotland

and England - 64

Constable, Lord High 66

Comes Stabuli - ib.

Constable's report anent his

privileges - - 6c)

badge of his office

in England - - 69

in Scotland ib.

in France ib.

Crosier - - 5S, 59

Crown of thorns - 59

Crest of cimier 3, 10 to 21

Cries of war - - 23

Crowns and coronets 37 to 48
Crown of Scotland - 40
Creation of Viscounts 47

of Barons 49, jo, 52

Crowns, their origin from the

Romans - - 53

Crest - - 53,55

Crown open or antique 54

, Turkish - ib.

of Doge of Venice ib.

Crest of England - 55

Crown, papal - - 56
Cross-staff - 58, 66

Creation of the Marquisses

of Hamilton and Huntly 162
Crown, the Lyon King at

Arms - - 166

Curtains - - 140

Deans

Diadems
Diademate
Disposed in saltier
Dukes

their creation

their 1

Dux or Duke
Dukes

Page.
59

37

ib.

6s, 66

44
ib.
- 45
55
60

Earl - - 45>46

Ecclesiastics inferior 59

Elder sons of nobility, their

titles - - 47

Emperors, their precedency 168
Ensigned - 64, 65

Erection of a baron by pa-
tent 48,49,50,51,52
Ermine - 51, 56, 62
Escutcheon - 142

women's 145

Exterior ornaments i, 2
Exchequer, Barons of 5I) 64
, Court thereof, in

Scotland and England 64

Familiar counsellor - 64.
Feuilles - - - 7

Fiery cross - - 23

Fiery chapel - 146

Forester, the King's, in Scab

land . - -66

Fretted - - 62

Funeral belt r 146

G.

Garlands of laurel - 37

Garter, King at Arms 48, 5 1
53. 165
Garland " " 53

Gentility, its rise and perfec-
tion - - 122, 142
Grass - - - 54
Green hat - - 58

H.

Hachemcnts - 7

Hat - - 55

~. — red one of the cardi-
nals - - 57, 58

green of Archbishops

and Bishops - 58

black of abbots - 59

of piothonotaries ib.

Helmets - 3, 4, 5, 6, 8

Helmet - - 53, SS

INDEX OF SURNAMES, b-c.

r.

Heralds, their rise, privileges,

&c.

society in England

in Scotland

Hiked
Highlander
Hood Viscount's

Baron's - -,

Horns . . -

Holy Ghost, order thereof
Hooked heads
Household, master of, in Scot

land - r -

in England

Hounds, grey
Hunting horns

I.

Imperial crown - 38
Images carried at funerals 147
Jove - - 54
Joustlngs - - 2, 28
Justice-General of Scotland 63
his jurisdiction

and court - - 64

~- ■- of Argyle,and

the Isles - - ib.

Keys - - 57,63

Keeper of the Great Seal 61
King's thane - - 49

King at Arms, Garter, 48, 51, 53
King's Bench - - 63
Kirtle . . - 137
Kings, their precedency 168

Knotted cord " - 59
Knight Marischal in Scotland 73
Krighthood - - 82

Knights, Roman - 83

•^ Christian - 82

MonozOiis - S3

Baccalaurei - ib.

Baiini-rcts - ib.

of St Michael 85

of the Holy Ghost 86

of the Golden Fleece 88

of the Round Table 90

of the Garter ib.

of the Bach 102

of the Thistle 104

Baronets in England 103

Bannerets in Scot<i. 122

Knights of Malta
in Scotland

Page.

'3'
132
ib.

Lambrequins - - 7

Largess - - 48, 53

Laurel - - - 53

Label of three points 55

I^aqs d'Amour - 130

Legates - - 58, 60

Legend - » . - 58
Letter of Q. Caroline, anent
precedency of the Lords of
Session and Barons of Ex-
chequer - - 171
List of the Peers of Scotland 1 83
Limitations of succession in

patents - - 184

Lords of Session, dieir re-
turn anent the Peerage of
Scotland - - 173

Lozenge shield - 59

Lion passant gardant 55

Lyon King at Arms 51, 66, 166

Baronets in Scotland

Batchelors in Scotd. :

service

their degradation

of the Holy Sepul-

ch)o - . .

■ of the crescent or

half-moon

6, 7, 8

7. '36. '3S

45

- 48

49

59, 60, 62

60

lb.

69

M.

Mantling
Manteaux
Marquis' coronet
Mantle, Viscount's

, Baron's

Mace

Marquisses

Master of the Household

in England

of Horse in Franc

his badge of office
Marischal of Scotland 66, 72

of England 69

badge of their office 75

Mantle - - 6, 137

Merchant-taylors in London 140
Myrtle - - - 54

Mitre - - 58, 60

Miniver - - 47, 49

Mottos - 2, 20 to 24

Mont-Joye - - 23

N.

Nobility, their eldest sons' ti-
tles ... ^y

proofs thereof 142

heir precedency 170

Norroy King at Arms
Nowed

Oaken leaves - . j^
Oathof the kingtothe estate.", 164

Page.
Oaths of prelates and barons

to the king - 164

Oaths of the Lyon King at

arms and heralds 167

Office, badges of ;8, 62, 63
Olhcers of State, tlieir prece-
dency - - 170
Olive leaves - - 54
Ombel - - - 142
Order of th(5 Holy Ghost 58

of the Garter 90

of the Thistle, antiqui-
ty and original thereof 104,
1 19, 121
Oval cartouch - - 56

Palatines, Count - 50

Palisades " " 53

Pale,erected in, 58,59,62,63,65
Palm branches - 59

Pastoral staff - - 59

Panctarius - 64, 65

Paneter of France - 6j

Patent for recovering tlie Or-
der of the Thistle 1 1 1
Pavilion 136, 140, 141
Pearls of a Baron's coronet 47

of a Viscount's 5 1

chaplets of - 49

Peerage of Scotland, Lords of

Sesiion'sreturn thereanent 1 73
Peers of Scotland forfeited 1 74
, roll of - 175>>83

Pendant

58,62

Petit Oris

62

Pilgrim's bourdon

59

Pope's bull

- 56

shield

lb.

crown

57

keys .

ib.

supporters

ib.

Pommelled

64

Portcullis pursuivant

25

Powdered

64,65

Precedency

168

Prxfectus Prxtorii

- 64

President of tlie Parliament

in France

62

by cap and m

.ntle ib.

Priors and provosts

59

Primates

58

Privileges of Viscoiuit

48

Processions

150

Professors of sciences.

their

precedency

172

Proiile

- 58

Prothonotaries

59,60

Purse, Chancellor's

62

R.

Radiant crown

37

Rebuses

- i/i

INDEX OF SURNAMES, ^c.

• ■ Page.

Red hat - - 57> 5^
Regne or triple crown 57

Regalia of Scotland 1 89

Return of the Lords of Ses-
sion ancnt t\e Peerage of
Scotland - - 173

Riding tlie Scots Parliament 161
Rings - - - i8

Robes of a Viscount 48

of a Baron 49, 50, 52

Rochet - 57

Roll of the Peers of Scot-
land - - 175, 183
Romans, origin of crowns in

arms from them - 53

Royal Order of France 58

crowns - 39

Rouge dragon pursuivant 26

Salmon . . j8
Saltier-ways 57, 58, 62, 63, 64
65, 66, 67
Scots Cowl - - 55
Seals 12, to 18, 30 to 33
of the Kings of Eng-
land - - SS
Archibald E. of Doug-
las - - - 56

John Duke of Albany 56

of the Order of Knight-
hood - 86, 88, 89, 96
S6

Seal of the Pope
■ Archbishop of St An-
drews - - 58

Bishop of Glasgow ib.

James Lord- Hamilton 79

of Andrew Commenda-

tor of Jedburgh 59

Senescallus - - 65

Seme . - - 66

Shield, of the - - J

Signature ancnt a Baron's co-

Slughorns - - 23

Spiritual Barons 49, 50, 51

Staff 57, 58, 59, 60, 62, 64, 65
Standish - - 65

Statutes of the Order of the

Thistle - 112,220

Sterns of ships or gallies 53

Supporters - 12,27

Supporters, the Pope's 57

Page.
Suppressed - - 64

Surcoat, Viscount's - 48

Sword - - 64

Symbola administrationis 61

Tassels - 58,59,60,61
Tasselled - - 62

Telamones - - 27

Temporal Barons 48 to 53

Tenents - - - 27
Thane - - 48, 49

Thane, King's - ib.

Thistles - 64, 65, 66

Thimbrum or tymbrum 10

Tiara papalis - - 56
Timbre - 2, 3, 4, 1 1

Titles of the elder sons of the

nobiUty only by courtesy 47
Barons' eldest son has no

particular one - ib.

of a Viscount - ib.

Title of Baron is general to

all Lords of Parliament 49
Titulati Barons, called so in

Naples and Lombardy ib.
Torce - - 9) 53

Tournaments 2, 3, 1 1, 28, 29, 38
Traverses - S7> 5^

Treasurer of England 65, 66

of Scotland ib.

Trefoils - - 57

Trimmings - i

Trinoda necessitas - 49

Turban - - - 54
Tournaments - 135, 136

Valvasores, majores and mi-

nores - - - 49
Veneur, Grand, in France 66
Verge - - - 49

Viscounts, their coronets,
titles and privileges, robes
and creation - 47

Viscount - - 46

Volets ... 8

Voles - - - 13

Z

w.

War, cries of

Women their precedency 172
Wreaths - 54, 55

Wreath - . 9, 10

23,24

The Contents of the
Chapters^ Part IV.

CHAP. I. concerning the ex-
terior ornaments of the
shield, with several addi-
tional trimmings - i

Chap. n. of the helmet or
casque . . . ,

Chap. in. of the ornaments
of the helmet called man-
tlings, lambrequins, hache-
ments, volets, &c. 6

Chap. IV. of the wreath or
torce . . . p

Chap. V. of the crest or cimier i o

Chap. VI. mottos, cries of war,
and devices - - 20

Chap. VII. of supporters 27

Chap. VIII. of diadems and
crowns, their ancient and
modern forms - oy

Chap. IX. of the cap of State 55

Chap. X. of ensigns belonging
to Ecclesiastical dignities 56

Chap. XI. ensigns of civil and
military offices, and other
politic offices of dignity and
chivalry - . gj

Chap. XII. of the compart-
ment - - 133

Chap. XIII. of manteauxes
and pavilions - 13(5

Chap. XIV. of nobility, with
its proofs regularly count-
ed as they are placed on
funeral escutcheons, &c. 142

Chap. XV. of Cavalcades
and public processions 150

Chap. XVI. of the office of
heralds - - 164

Chap. XVII. of precedency 168

INDEX OF SURNAMES, \£c.

THE CONTENTS OF THE PARTICULylR FAMILIES IFHOSE GENEALOGT IS
INSERTED IN THIS APPENDIX.

Page.

KEITH, Earl Marischal i

Keith Earl of Kiiitore lo
Dumlas of that Ilk, with the

cadets thereof 1 1 to 17

Foulis of Colliiigton 17

Chalmers of G litgirth 19

Mowbray of Barnbougle 21

Moo(iie of Melsetter 22

Ross of Craii,!e - 23

Spreul of Cowden - 24

Farquharson of Invrrcauld ib.

Whiteford of Ulairquhan 25

Griham of Balj^owan ib.

Kinloch of that Hk ib.

Mackenzie of Garloch 27

Melvilio Earl .-^f MdviUe 28

. Moncrief of that Ilk 29

G^Tord of Busta - 30

AVcmyss Earl of Wemyss 3.1

Hamilton of Olivestob 36

Kennedy Earl of Cassilis ib.

Kennedy of Bennen 38

Kennedy of Balmaclanachan ib.
Kennedy of Glenmuck and

Bellimore - - 39

Millar of Temple ib.
Cunningham E. of Glencairn 40

Macintosh of that Ilk 43

■ Scrymgeour of Diidop 46

Stewart of Phisgall - 49

M'Dowall of Freugh 50
Douglas of Bonjedward and

Tympyndean - 54

Scott of rhirlestane 55

Cumin of Coulter - 56

Inglis of Sc L-^onards 57

Ma.farl?nc of that Ilk 58

•Anstruther of that Ilk 61

Birnie of that Ilk - . 65

- Irvine of Drum 66
Pringle or ! '.on-Pringle of Ga-
lashiels and Whitebank 68

Page.
69
73
75
78
79

Horn, surname of
S..mcrvillo L. Somer^Mlle
Sfwart of Ar.lvorlich
Chancellor of Shiekdiill
Macfarlanc of Kirkton
Arbuthnot V. of Arbuthnot 80
Petrie, surname of 87

Crawfurd of Auchinamcs ^ 88
Hope of Craighall 91

Fergusson ot Craigdarroch ib.
Lawson of Humbie - 92
Lawson of Heiriga, Lnchtul-
loch, Boghall, aud Cambo 93

9S
98

Lawson of Ca'
M'Dowall of Logan
Kelso of that Ilk - 102

Copland of Collieston 103

Corthwick L. Borthwick 104
Fvazer Lord Lovat 107

Moray of Abercairny - iio
Corsan of Meikleknox 112

Chalmers of Balnecraig znA

Cults - - 114

Sibbald of Balgony, and Lun-
din of Balgony, now repre-
sented byLun«lin of Drum 1 19
Abercromby of Birkenbog i 22
Meldrum, family of

, Scott of Balwyne

' Baillie of Lamington

j Hay of Ranfield and Inch-
nock
Lockhart of Cleghorn

; Charteris of Amisfield

I Leslie of Findrassie

■ Banneriiian of that Ilk

] Renton, Sir Thomas

I Roberton of that Ilk, and of

I Earnock
Stewart of Lorn and Grand-
tully

Pago.
Edraonstone, particularly of

Duntreath - - ijj
Stewart ot Burr, iy - 161

St Clair of Koslin 163

Campbell ol SKerrington 166
Atliol, the Earls, Marquisscs,

and Dukes of 167 to 202

Stormunt, Viscount of 202

Rutherford Lo-.l Rutherford,

and Karl of leviot 209

Campbell ot Gleiiorchy, now

Earl of Breailalbane 21 1

Shuikot that Ilk - 219

Gordon ol Goidoivbank 220

OgiUy of Barr,is - ib.

C.ilder, fannly of - 229

Botliwell, Lord Holyrood-

house - 233

De Berkeley, family of, or

Barclay, formerly of Ma-
thers - - 236
Carnegie of Ballindarg 242
Mcuzicsof thatllkjorotWeemib.
Vans ot Barnbaroch 248
M'Dowall of Freugh 250
Muirhead of Lachop 256
Dundas of Fmgask 267
Urquhart of Cromarty and

Meldrum - - 273
Sonierville of Camnethan 276
Scott of Horslinill - 279
Scott of Scotstarvet ib.

Scott of Es'vdale & Houpay-

slay, now of rhirlestane 286
Cumungham of Bandalloch 288
Edmonswne of Duntreath 290
Garthshore of that Ilk 291

Shaws of Hayley and Sorn-

bcg - - - 292
Riddel of that Ilk - 294

(NDEX OF SURNAMES, ^c.

INDEX TO THE REMARKS ON THE RAGMAN-ROLL.

Page.

A.

ALEXANDER de Aber-

nediy - - I5> 20

Henry Epis. Aberdeen 17

CoiTuiiuiiitas Villae dc Aber-
deen ... 26
Nicol de Achethlec 41

Alexander de Airth 2-;

Alysandre Aikmaii - 38

Richard de Ainli - 34

Johan.le Fitz, Johan. de Ain.

sley - - 32

Alsyndure de Allardyss 45

Comes de Angus - 6

Johannes I'riorde St Andrerc 15
Jlcnricus de Anstruther ib.

CJilbertus Comes de Angus 18
<Jodofredus de Androssan 24
Henry le Fitz, Annand. 37

Annobel, who was the wife

of Sir Patriclc Graham 49
Henry Abbot of Arbroath 18, 28
Maurice dc Arncaple 35

Frere Alysandre do Argyle 46
Comes de Atliolie - 6

Joannes de Baliol

S

Alexander de Baliollo

TO

Walter mUgister D. de B?.'-

Hncrief

17

Williel. Abbas St Edward's

de Balmerinoch

27

Fergus de Bard

42

John and Robert Bards

46

Dominus de Badonoch

9

Robert us de Betliune 15

31

Patricius de Berkley

25

Walterus de Berkleys
Robert de Betun

36

44

David Blare

3^-

Robert de Blackburn

42

William de Boseuile

32

William de Boswell

43

Robert de Boyvil

Richard de Boyvil

Thomas de Boys

Robert Boyt

Brianus filius AUani 5

40
45
34
3S

) 21

Robcrtus de Brus

4

David de Brichcn

3'

Ralph Broun

4-;

William Brun de Gamelshiels 46

Brian precej-aormditia: Temp

i'7

Joannes Cumine, Comes de

BucJbaa

21

Page.

John Conte de Buchan 28

Alex, de Bunkill - 30

Comes de Buchan - 6

Malcolm de Buquhannan 39

William Butle - 40

Thomas de Buncle 43

Thomas Buntyng - 44

C.

Johannes Cambrun 1 7

Johannes de Callentar 19
Robertus de Camburn de Bal-

grenach - - 20
Robertus Camburn deBalnely ib.

Andreas Abbas de Cupro 28

Nicol Cambell - - ib.

Johannes de Callentyr ib.

Duncan Cambel del Isles 33

Thomas Cambel - 34

Dougal Cambell - 38

Arthur Cambell - ib.

Duncan Cambell - ib.

Sir Dovenald Cambel 47

Johan. Fitz, Neil de Carrick 40

Gilbert de Carlyle - 46

Andreas de Charteris 23

Reginaldus le Chein 25
Thomas del Charteris del

Conte de Roxburgh 32

Robert de la Chambre j8

Symon de Ic Chambre 42

John de Chisome - 43

Osbert de Chartre - 44

Marcus de Clypan - 27

Walterus de Corry . 19

Brianus Abbas de St Colm 28

Thomas de Colvil . 29

Roger Corbet - - 32

Thomas de Cockburn 33

Walter de Congletou 36

Piers de Cockburn 37

Adam Corbet . 42

Thomas de Colvyle - 46

Adam de Colvile - ib.

John de Corbet - 47

Cruck de Fingaldston 4

Radulphus de Crawforde 1 1

Adam Abbas Sancte Crucis 27
Reynald de Crawford, del

Cont de Air - 33

Johan. de Crawford 35

Roger de Crawford 37

Joan, de Craigy - 39

Roger de Crawford 40

William de Crawford 41

Thomas de Crightoii 42

Henry Craick - - 44

Renauid de Crawforde 46

Page.
Johan. de Crawford - 41)
Cumin Earl of Buchan 4

Sir John Cumine of Badenoch ib.
Willielmus Cumine 1 1

Andreas Abbas de Cupro 16
Patricius Abbas de Cambus.

kenneth - - 27

Marjory Cumin, Dame de

Gordon . - 34

Robert de Cuninghame 48

Henry de Dalmahoy 40

Thomas de Dalziel 47

AUeyn Dinwithie - 43

Willielmus de Douglas 13, 30
D. Williel. Douglas 18

William Fitz Andrew de

Douglas - - 44

Williel. Abbas de Drybrugh 28
Patricius Dunbar Comes Mar-
chic " " S
William Bishop of Dumblane 13
Radulphus Abbot of Dun-
fermline - 14, 28
Serle de Dundas . 34
Gilbert de Drummond 37
Robertus de Dundas 3S
Niel Fitz Robert de Dulop 40

Giles de Eastwood . 38.

Radulphus de Eglinton 24

Gilmore Fitz Edward 41

Raulf de Eglinton - 40

Burgensesde Elgin - 16

Philip le Engleys - 42

John de Engleys - ib,

John de Elphingston 24

Aleyn de Elphingston 42

John de Ergadia . 17-

Alex. de Ergyll . 26,
Malcolm de Ergadia frere Sir

Alex, de Ergadia - 38

William de Eyion - 43

F.

Robertus le Falconer 25, 45

Robert de Fausyde 37

Williel. de Feiiton . 16

Ralph Ferrye - 41

i'ifc, Earl of - 4

I itzgilbc-rt de Hamildon 3
Sier le Fitz Thomas de Frisle 43

INDEX OF StJRNAMES, ^c

Page.

William le Fleming 38

H-nri' i!o Foderinghay 33

Fergus Fosterson - 3 1
Frazer Bisliop of St Andrews 4

D. Ricardus Frisel 13

Dom. Ajadreas Fraser 14

Simeon Freshele - 16
Williol. Fraser - 21, 30

Duiicanus de Frendraught 25

Alexander Frisele - 29

Bernard Fresar - 34

William Fraser - ib.

Andrew Fraser - 40

Robert Fraser - 42

Ada de Fraser - 42

Thomas de Frisle - 43

Lanrence de Frisle - 44

Andrew Frisel - 45

Sir Richard Fraser - 47

Arthur de Galbrait - 36

Donald Fitz Gilbert 31

Thomas de GiUngy ib.

Rcbertus Epis. Glascuen. 26

Johannes de Glenesk 24

D. Williel. de Gordino 19

D. Adam de Gordon 27
■William de Gourlay de Bagally 3 1

Patricius Graham - 10

David de Graham - 18

Robert de Graunt - 37

Sir Nicol de Graham 47

H.

Radulphus de Hauden :o

Williel. de Hayia - 14

Hugo de la Hay - 15

Johannes de la Hay ib.

Johannes de Hr.yia 20

D. Nicolaus de la Hayia 22

Gilbertus de Hayia - 24

Hugo de !a Hay - 25

Alex, de Hately - 27

Aylmer de Hauden 29, 34

Eyliner de Hauden - 34

Gilbert de Hanyethe 39

William de Harris - 46

Abbot of Holyroodhouse 13

Alex, de Hogston - 27

Adam le Hoip - - 32

John de Hope - - 44

Roger de Houden - 45
Walter Fitz Gilbert de Ho-

mildon - - 46

Geofry de Hume - 38

Aylmer de la Huntar 40

Alex. Price of St John of
Jerusalem - - 17

Page, j
Johannes Abbas de Jedworth 28 '
Tliomas le Johnston 32

Johannes le Johnston 3()

Walter Johnston - 43

Gilbert de Johnston 45

Alex. Kennedy - 22

Ricardus Abbas de Kclso 28

Hugo d" Kelso - 3 1

Williehnus Ker - ib.

Henricus Ker - 36

Tliomas do Kellyhill 39

William de Kethkerk 40

Nicol Ker - - 44

Andrew de Ker - .•jj

Ivone de Kinross - 15

Thomas Kier - - ib.

Rudolphus de Kinnaird 27
Bernard .A.bbas de Kilwinning 28

Stephen de Kilpatrick 29

Rodger de Kilpatvlck 45
Gilbertus Abbas de Kylinross 27

Henry de Laudevo
Comes de Levenax
Normanus de Lescelyne
Malcolm Conte de Levenax
Norman de Lescelyne
John Abbot of Lindores
Archibaldus de Livingston
Thomas Abbas de Lhidores
Andreas de Livingston
James de Lindsay
Sir Alex, de Lindsay
Sir Archibald de Livingston
Constantinus de J.ochore vice-
comes de Fife
Eugen of Jjorn
Sir Walter Logan
Malcolm Lockhart
Christin Loccard
Thurbrand de Logan
Adam de Lurnisden
Walter de Lynne

M.

IVIacdowald

Macduwyl

Marcus Sodorensis Episcop.

Comes de Mar

Williel. de MaiUia

Maria Regina de Man, ct

Comitissa de Strathern
Dovenaldus Comes de Mar 17,
Pat. Dunbar Comes Marchie
D. Herbertus de Macuswell
Jacobus Jo Maleville
Johan. filius Herberti INIacus-

well - - -

Page.
D. Johannes de Maleville 26
Patrick Conte de la March,
et de Dunbar - 29

Fergus Macdougal - ib.

Dougal M.icdougal 30

Duncan Fitz le Conte de Mar 34
Duncan Macgilchrist de Le-
venax - - - 38
Gilbert de Maclurk - 40
John de Maccusuel - 42
Gilbert Makmaht - 46

Robert MacComb - ib.
Sir Herbert de Maccusuel 47
Mary the wife of Hewe de

Aiith - - - 49
Roger de Methfen - 2

Patricius Abbas de Melross 28
D. Joiian.dcSancto Michacle 26
Humphrey de Middleton 45
Gilchrist More - - 2
John de Montgomery 3

Reginald More de Craig ib.

Walterus Comes de Moateith 9
Williel. de Moravia de Tolly-

bardine - - II

Galfride de Moubray 13

And. de Moravia - 14

Dom. Johannes de Moravia ib.
W.Uiel. de Moravia - 17

Johannes de Moncrief 20

Hugo de Moravia - 21

D. Johannes de Moravia 22

Williel. de Monte Alto 25

Williel. de Moravia - 26

Alex. Comes tie MonteitJi ib.
Alex. Conte de Monteith 28
30
31

John de Montgomery 33

Reynald More de Craig 34

Thomas de Montgomery 39

Renaud, ;. l: Reginald More 40
Adam de la Mere - 41

Murchaw de Montgomery ib.
Erchibald de Moravia 43

William de Moncrief 44

Johan. de Morreff - ib.

Johan. Monipenny - 45

A.l!an de Morretf - 47

David MorrefF - 48

MurrefF de Drumsargard 2

MurrefF de Tholybardine 3

Robertus Muscharn 19

AILmus de MurrifF - 26

Will, de MurrelFde Drumsar-
gard - - - 30
Will.de MurrilFdeTillibardin 33
Richard Mushet - 44
Margaret wife of Piers de
Lundy - - 45

John le Napier

John Abbot of Newbottle

Henry de Moravia
Gilchrist More

aevi'

INDEX OF SURNAMES, ^f.

Page.
Johannes Abbas deNewbottle 28
James de Newton - 34

Adam de Nisbet - 42

I), '^.ibeitus de Normanville 26
WiU. Fitz. Thomas le Noble 30

Walter Ochterlony
Piilrick de OgilviU
J>imon de Oriock
Ilewc de Oir

Waltcrus Abbas de Paslyth 27

Community of Perth 16

Piers de Pitcairn - 38

Nicol de Preston - 34

Ralstoun

Tho. Randulphi

Dom. Adam de Ratrief

Gervasius de Rate

Thomas de Ralphiston

lamsay:

John and Adam de
Robert de Ramsay
Thomas de Ramsay
HtiRo de Riddel
Williel. de Rothein
Robertas Epis. de Ross
Jacobus filius Godofredi de

Ross, sen. and jun.
Andreas filius Godofredi de

William de Ross
Robert de Ross
Sir William de Rothwen
Ancirew Fitz Godofrede dc

Page.
D. Williel. de Ruthven 19

D. Nicolaus de Rutherford 23
Aylmcr de Rutherford 32

Robert Russel - - 43
Nicol de Rutherford ib.

Michael Scott - - 14

Thomas Abbas de Scoon 1 7

Richard le Scott de Murthock-

3°

William de Schaw
Fergus del Schaw - 46

Alisandre Scott de Pcrthick 48
Senescal de Jedwith - 2
James, Great Steward of Scot--
land, or Senescallus Scotis 5.,

9. '8
Johannes Senescalli 11,18

Jacobus Senescal de Escope 28
Jolin le Senescal de Jedwith 32
John le Senescal Chevalier 38
D. Johannes Sinclair de Herd-

manston - - 22

Wililam de Muriff Signior de

Bothwel - - 28

Grcgorie Sinclair - 36

Johan. Skeen, Pat. de Skeen 44
Willielmus de Soulis 10

Johannes de Soulis - ib.
Ralph Master of the House

ofSoutra - - 17

Thomas de Somervile 18

D. Thomas de Soulis 26

Nicolaus de Soulis - ib.

Walter Spreul - 36

Willielmus de Sancto Claro 10
Henricus de Saneto Claro 32
Earl of Strathern - 13

Mahse Comes deStrathern 17,19
Johannes de Strivelyn 20

D. Johan. de Strivelyn de Mo-
ravia - - - 24 I

3

Page-
Alex, de Straiton - ib.
Malise Conte de Strathern 28'
Johannes de Strivelyn de Mu-

rliF - - - ib.

Alisandre de Strivelyn 30

Joannes de Strivelyn de Carse 30
William de Strivelyn 43

William Coi.te ue Sutherland 2U
Henry de Swinton - 42
William.de Sydserff - 34

D. David Torthorald 18

D. Thomas de Torthorald 26

Thomas de Torthorald 29

Robertas de Turnbulye 27

Hugo de Urre - 29

Ingelramus de Umphravile 1 1

Robert de la Val

W.

Johan. Waleis de Overton 43

Nicol de Walleis - 4a

Adam le Walys - ib..

Aleyn Walles - - 3^

Robertas de Walyhop 25,

Walter de Wedderburn 34;

D^ Michael de Weems 20
Wishart,. Bishop of Glasgow 4

Johannes .Wishard - 26

Willielmus IJictus Wiseman 27

Johannes de Whitlawe 37

John W yshurd del Mernis 27

Johan. Wyscard — 4^,

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